(2023) Better Work Haïti : 26e Rapport de synthèse sur la conformité

[page 1] BetterWork | _ . ver { pliance sis Report 5 June 2023 À _ _É T4 V4 D - * À . Net TSANIZAUON Cring Markets, Creating Opportunities dt [page 2] 2 267 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D 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 Tv. ISSN 2227-958X (web pdf) International Labour Office; International Finance Corporation Clothing industry / textile industry / working conditions / workers’ rights / labour legislation / ILO Convention / international labour standards / comment / application / Haiti 08.09.3 The designations employed in this, which are in conformity with United Nations practice, and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IFC or ILO concerning the legal status of any country, area or territory or of its authorities, or concerning the delimitation ofits frontiers. The responsibility for opinions expressed in signed articles, studies, and other contributions rests solely with their authors, and publication does not constitute an endorsement by the IFC or ILO ofthe 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 BetterWork [page 3] 3 267 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI N 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 2023 were funded by Federal funds, for a total of USD 14,537,735 during the program's life cycle. 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. SE T 07 ; 4 20 EX © S7ATES O7 BetterWork [page 4] Acknowledgments/Disclaimer.…....................….ensnenenernerneennerneneenneneenenenenenenenenenenee À List Of ACTONYMS........ en rrnrrnennneneneennenenenenenenennene D Section |: Introduction and Context... À 11 Background..." "sn À Haiïti's apparel industry in numbers sense TO Section Ill: Highlights of the reporting period January 2023-June 2023 14 Country Context nr 14 Garment Industry Challenges nn TD Decree suspending the 3x8 Law... nn 18 Section IV: Compliance situation in the Haïitian garment industry 19 The overall trend of non-compliances in the Haïitian garment industry….…..........19 The highest rates of non-compliances in the Haïitian garment industry... 23 Section V: Core labour standards non-compliance findings of the reporting period (January 2023 - June 2023)... rennes D 2 Freedom of Association: Violations of Collective Bargaining agreement... 32 Freedom of Association: Strikes ns BB Discrimination: Race and Origin... ner SA Discrimination: Sexual Harassment..…....…...........................Rnnnnns BA Discrimination/GENder nn SD Freedom of Association/StrikKes .nnnnnnrrrrrnrrrenenneenennesnesnnnnnenneennsnsse SD Forced Labor/CORrciONnnnrnrrrrnrnrnnrnnrnnnrnnrrnrnnnennnnnnnenenneennnneneensnensssnensnnsnesssnsnssnsnssssree D Ô Section VI: Better Work key activities during the reporting period... 38 TFAININY rennes AO Collaboration with the government... sn 41 Factories in Detail... List of FACtOries rs AD Findings from the Factories.…................ "nn AO Annex 1: The TAICNAR Project and Reporting Requirements under the HOPE II Legislation... sense AO TAICNAR Program Component 1: Compliance Assessments and Remediation Support. 50 TAICNAR Program Component 2: Technical assistance to strengthen the legal and administrative structures for improving compliance in the industry... DO Annex 2. Better Work’s Service Delivery Model... DS Annex 3. The Better Work Compliance Assessment Methodology... 56 Better Work Compliance Assessment Framework... D6 Annex 4: Factories findings 72 [page 5] 5 267# COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D List of Acronyms ADIH Association des Industries d'Haïti (Haitian Industry Association) BMST Bureau de la Médiatrice Spéciale du Travail (Office of Ombudsperson) CAOSS Conseil d'Administration des Organes de Sécurité Sociale (Board of Social Security Bodies) CP Compliance point CSS Conseil Supérieur des Salaires (Wages High Council) CTH Confédération des Travailleurs Haïtiens (Confederation of Haitian Workers) CTSP Confédération des Travailleurs des secteurs Publics et Prives (Confederation of Workers from the Public and Private Sectors) CTMO-HOPE Commission Tripartite de Mise en œuvre de la loi HOPE (Tripartite Commission for the Implementation of the HOPE Law) EA Enterprise Advisor GOSTTRA Groupement Syndical des Travailleurs-eusses du Textile pour Réexportation d'assemblage (Union Group of Textile Workers for Re- export of the Assembly) HELP Haïti Economic Lift Program HOPE 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) BetterWork [page 6] 6 267 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D OFATMA Office d'Assurance Accidents du Travail, Maladie etMaternité (Office for Work, Health and Maternity Insurance) ONA Office Nationale d'Assurance Vieillesse (National Office for Old-Age Insurance) OSH Occupational Safety and Health PAC Project Advisory Committee PAP Port-au-Prince, Haïti PIC Parc Industriel de Caracol (Industrial Park of Caracol) PICC Performance Improvement Consultative Committee PIM Parc Industriel Métropolitain (also referred to as SONAPI) PPE Personal Protective Equipment SC/AFL-CIO Solidarity Center/American Federation of Labor-Congress of Industrial Organizations SDT Table de Dialogue Social (Social Dialogue Table) ) TAICNAR Technical Assistance Improvement and Compliance Needs Assessment and Remediation USDOL United States Department of Labor Ÿ BetterWork [page 7] 7 267" COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI N Section l: Introduction and Context 11 Background Better Work - a collaboration between the United Nations’ International Labour Organization (ILO) and the International Finance Corporation (IFC), a member of the World Bank Group - is a comprehensive program bringing together all levels of the garment industry to improve working conditions, respect of labor rights for workers, and to boost the competitiveness of apparel businesses. The program was launched in Haïti in June 2009 as part of the global Better Work program with country operations in Bangladesh, Cambodia, Ethiopia, Egypt, 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 Haïti, 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 Haïti, in cooperation with the ILO, establishes a Technical Assistance Improvement and Compliance Needs Assessment and Remediation Program (TAICNAR), which (i) assesses Haïitian 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 terra [page 8] 8 267 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D on the Labor Ombudsman's register. The second element of the TAICNAR program consists of technical assistance to strengthen the legal and administrative structures for improving compliance in the industry. The scope of these services is extensive, encompassing technical assistance from the ILO in reviewing national laws and regulations to bring them into conformity with international standards, 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 Haïti 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 Haïti 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. For the period 2022 to 2027, Better Work Haiti is focusing on its sustainability strategy, to ensure the continuation of program's benefits. Better Work Haiti's program's strategy builds on the Better Work Global program's strategy for the period 2017-22. As such, this strategy shares the same broad vision for the program as a catalyst for transformative change in global supply chains and the promotion of the country's labor market governance and business practices that actively support decent work and balanced socio-economic development. Better Work Haiti seeks to establish and reinforce strategic partnerships with relevant stakeholders, to carry out Better Work Haiti activities, to reinforce the replication and scaling up of learning outcomes / implemented models, terra [page 9] focusing on social dialogue, promoting gender equality, and understanding national labor laws and international conventions, to improve working conditions and workers’ wellbeing. 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. L pme d + = — 4 1.2 # — . LS - — — nt ? ju | vmr-rsmmins nn LA Win. _* — - _ ps Elle à dl _—… Lil. t ré \ ' Le L.? Le At r POIL l i : | —————— L j | \ ne. 1 k - | —— = L PE — < - 7 - D à p , < , a - - 1 Es s - [page 10] Haiti apparel industry in numbers 31 42,500 8 Factories in the Workers employed Industrial zones program (63% women) hosting 90% of textile - $400 million 36 Apparel exports in USD million Brands and YTD (4 -24.58 in 2023) AE 7 11 26 Government Active workers” Industry Compliance Partners organizations Synthesis Reports 12 14 Better Work Years serving Haïti Staff in Haïti [page 11] 11 267 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D 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 concerning issues and challenges such as à new decree regarding working hours and lunch break payment, persistent non-compliance in OSH and the country situation in general. The discussions around the renewal of the HOPE Law have given all actors an added incentive to work together to address the 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 approximated USD 400 Million worth of products to the United States for the period ending June 2023. This represents a decrease of nearly 24.6 percent for the same period. This reporting period shows 42,500 jobs in the sector, compared to approximately 58,500 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. terra [page 12] 12 2674 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D Key partners > Ministry of Social Affairs and Labor (MAST) > Office of the Labor Ombudsman (BMST) > National Insurance and Pensions Office (ONA) > Office for Employment Injury, Iliness and Maternity (OFTMA) > Ministry of Commerce and Industry (MCI) > Ministry of Economic and Finance (MEF) »> Office of the State Secretary for the Integration of People with Disabilities (BSEIPH) » Association of Haitian Industries (ADIH) > Private Sector Economic Forum (PSEF) > All Trade unions active in the garment sector (12), listed below: + Centrale Autonome des Travailleurs Haïtiens (CATH) + Comité Inter-Syndicale des Femmes (CISF) + Confédération des Forces Ouvrières Haïtiennes (CFOH) + Confédération des Travailleurs et Travailleuses des Secteurs Public et Privé (CTSP) + Confédération des Travailleurs Haïtiens (CTH) + Coordination Nationale des Ouvrières et Ouvriers Haïtiens (CNOHA) + Coordination Syndicale Haïtienne (CSH) + Entè Sendikal Premye Me - Batay Ouvriye (ESPM-BO) + Groupement des Syndicats des Travailleurs Textiles pour l'Exportation et l'Assemblage (GOSTRA) + Syndicat des Ouvriers de HANSAE Haïti S.A (SOHSA) + Syndicat des Ouvriers Haïtiens pour la Rénovation du Secteur Textile (SOHARST) + Union des Travailleurs Libres (UTL) d Better Work [page 13] L L su 7" g ” Va TR Le [page 14] 14 267# COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI N Section Ill: Highlights of the reporting period January 2023-June 2023 Country Context CONTEXT ANALYSIS Despite the Haïitian government's efforts to achieve macroeconomic stability and sustainable private sector-led economic growth, the investment climate in Haiti is characterized by several challenges. These include an unstable national currency, the Haïitian gourde (HTG), persistent inflation, high unemployment, political instability, and insecurity. At the time of writing, Haïiti's economic situation has significantly deteriorated. Economic indicators such as high inflation and continuous depreciation of the Gourde against the US dollar have worsened. This depreciation, combined with limited foreign exchange reserves allocated primarily for fuel payments, has led to high and rising food prices. Consequently, the cost of living is rapidly increasing due to fluctuating prices of essential goods. The resulting economic crisis has led to a surge in unemployment as many businesses and services have closed their doors. Approximately 4.9 million Haitians are now experiencing food insecurity and urgently require humanitarian assistance!, This is attributed to rising prices, volatile currency exchange rates, a scarcity of US dollars, decreased private transfers and increased violence from armed gangs disrupting economic activities. The economic challenges have eroded the purchasing power of households, pushing poverty levels to around 60%2. The overall economic situation is closely tied to the country's security conditions. 1 https://fews.net/latin-america-and-caribbean/haiti/food-security-outlook/february-2023 2 https://www.worldbank.org/en/results/2020/01/08/haiti-providing-opportunities-for-all-haitians BetterWork [page 15] 15 267 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D Condemning the escalating violence, criminal activities, and human rights violations in Haiti, the United Nations Security Council unanimously adopted Resolution 2692 (2023) to extend the mandate of the United Nations Integrated Office in Haiti (BINUH) until July 15, 2024. The resolution emphasizes the urgent need to improve security conditions in Haïti. These challenges have consequences for private sector activities. Displaced people may continue to migrate to more welcoming towns and communities, while others may join the exodus to other countries. Garment Industry Challenges The Haïitian garment sector has been facing some significant challenges that started during the COVID-19 pandemic in 2020. Although the sector had bounced back after the pandemic and recovered thousands of lost jobs, the downturn in the global economy, coupled with internal socio-political strikes and natural disasters have seriously impacted the sector. Several factories have closed their doors and others have significantly reduced their workforce. In the Northeast alone, one factory reduced its workforce form a high of approximately 11,000 workers to around 6,500. Throughout this reporting period, Better Work Haitimanaged a portfolio of 33 factories, which represents a reduction from the 38 factories included in the previous reporting period. The lack of security in the country has compelled certain factories to shut down due to gang-related activities in their vicinity, while others have been impacted by challenges related to receiving raw materials and shipping finished goods. In December 2022, two factories situated in the western region closed temporarily with plans to resume operations in January 2023. Unfortunately, these factories remained closed, primarily due to the proliferation of gang activities that significantly disrupted their daily production. Notably, one of these factories experienced multiple staff members falling victim to kidnappings in 2022. Additionally, a significant reduction in their production orders played a pivotal role in the decision to close these factories. Collectively, these two factories accounted for an estimated loss of 2,000 jobs. Subsequently, in 2023, two factories, one in Port-au-Prince and the other in CODEVI, also ceased their operations, resulting in an additional loss of 2,000 jobs within the sector. terra [page 16] 16 267 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D BWH supplier hosted the 2023 AAPN's regional tour. Twenty-four attendees from the Americas Apparel Producer's Network (AAPN) and six speakers, along with local hosts, participated in the 2023 AAPN CODEVI Haïiti/Dominican Republic Regional & Tour, which was hosted by Grupo M from March 21 to 24. The program featured guided tours of the CODEVI industrial park, situated in Ouanaminthe, Haïti, just across the border from Dajabon, Dominican Republic. This industrial park houses over 15 global tenants and US brands. Mr. Anibal Capellan, a member of the AAPN's Board of Directors, and Mr. Joseph Blumberg, Managing Director of Grupo M/CODEVI, played instrumental roles in hosting the event. The agenda was carefully curated to showcase the vibrancy and potential of this industrial zone, which spans both the Dominican Republic and Haïti. Andrew Dreher of GC Moore expressed optimism, stating, "7he Central American/Caribbean region as à whole has great potential" Claudine François, Program Manager of Better Work Haiti, seized the opportunity to highlight advancements in labor conditions and recent initiatives within Haiïti's textile sector. These efforts aim to bolster the sector's growth through increased investment, constructive partnerships, and improved business performance. The AAPN has long advocated the concept that "Closer is Clearer," promoting networking among nearly 200 organizations operating within the apparel supply chain worldwide. This network encompasses suppliers, buyers, and various stakeholders seeking to establish a more stable and flexible sourcing model, ultimately simplifying, and enhancing business operations in the USA and the broader Americas. In May 2023, Better Work Haiti received an invitation to participate in a delegation to South Korea, aimed at studying the Eco-Industrial Parks (EIPs) established in the country. The delegation, comprised of representatives from SONAPI (Société Nationale des Parks Industriels), the Ministry of Finance (MEF), the Centre de Facilitation des Investissements (CFI), and the Free Zone (DZF), sought to gain insights from Korea's experience in implementing a national ECO Industrial Park program. This included studying relevant laws, institutions, technologies, financing mechanisms, and operational expertise. The on-site visits provided practical exposure to benchmark EIP cases in Korea and facilitated knowledge exchange among the delegations on topics such as EIP terra [page 17] 17 267 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D development, EIP transformation, and the digital and green transformation of industries and industrial parks. The overarching objective of this initiative is to explore the feasibility of establishing eco-parks in Haiti. Such parks are envisioned to enhance economic performance, preserve finite natural resources, and improve quality of life, thereby boosting the competitiveness of industrial parks in Haïti. Strategies will be devised to promote industrial resilience and decarbonisation. The World Bank Group has commissioned a consulting firm to undertake the following tasks: 1. Analyze the current landscape of industrial parks in Haiti, providing an overview of potential EIP investments related to solar PV installations, waste and wastewater solutions, green buildings, and resilient buildings within Haiti's industrial parks. 2. Conduct a preliminary feasibility analysis of Eco Industrial Parks (EIP) in two industrial parks in Haïti. This analysis encompasses pre-feasibility assessments of industrial symbiosis (IS) networks, green building feasibility, and renewable energy solutions with mini/micro-grids, wastewater treatment facilities, infrastructure resilience, social infrastructure possibilities, and associated CAPEX/OPEX considerations. 3. Explore financial mechanisms to support the transition to EIPSs, including mapping funding needs for various EIP interventions and identifying potential financing mechanisms. 4. Recommend measures for future development based on market conditions and international experience to chart a commercially viable and sustainable growth trajectory for EIPS in Haiti. Tragic incident at CODEVI Industrial Park On June 15, 2023, a tragic incident unfolded within the CODEVI industrial zone, resulting in the loss of two lives, both male workers, and leaving several others with physical injuries. This unfortunate event stemmed from a rapidly escalating conflict between certain workers and a security guard, culminating in a deeply regrettable outbreak of violence. In response to this distressing incident, stakeholders have BetterWork [page 18] 18 267" COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI N made appeals for calm, allowing the authorities to conduct thorough investigations and determine responsibilities. The management of CODEVI has proactively convened multiple meetings and consultations with various branches of the Haïitian government, and they have taken on the responsibility of providing support to the families of the deceased workers. Better Work Haiti has initiated high-level discussions involving all relevant parties to explore strategies and necessary training for a comprehensive re-induction process aimed at fostering mature industrial relations within the facility. Additionally, a government report is expected to be released, focusing on preventive actions to avoid the recurrence of such à tragic incident in the future. Decree suspending the 3x8 Law On June 13, 2023, the Government of Haïti issued a decree announcing the immediate suspension of the 3*8 Law, officially known as the Law on the Organization and Regulation of the Twenty-Four (24) Hour Workday Divided into Three (3) Eight-Hour Shifts. The 3*8 law stipulated that the lunch break is considered an integral part of the eight-hour workday and should be compensated accordingly. However, the publication of the new decree suspendés all provisions of the 3*8 law. Consequently, Better Work is no longer finding noncompliance for non-payment of the lunch break. The decree also reinstates several articles in the Labour Code, which were abrogated under the 3*8 Law. To allow factories time to effectively implement these reinstated provisions, Better Work Haiti is not finding noncompliance for the requirements in the reinstated articles during the current cycle and will apply them starting in January 2024. Better Work Haïti enterprise advisors are distributing copies of the decree to factories within their portfolio and providing advisory services that address this topic. BetterWork [page 19] 19 267# COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI N Section IV: Compliance situation in the Haiïtian garment industry The overall trend of non-compliances in the Haïtian garment industry This section provides an overview of the findings related to non-compliance in 31 participating factories, all of which underwent assessments at least once between July 2022 and June 2023. It's important to note that the data presented reflects the status of these factories based on their most recent assessment results. The overall non-compliance rate is calculated by considering the total number of factories that exhibit non-compliance in at least one compliance point, for at least one question®. During this reporting period, Better Work Haiti conducted a total of 2 fully virtual assessments, in addition to 5 hybrid and 17 in-person assessments, with the support of inspectors from the Ministry of Social affairs and labor. Verification of the factories' improvement plans took place either in person during on-site visits or virtually through the request for documentation during advisory services, along with discussions involving bipartite committee members, including both workers and management. The charts presented below depict the non-compliance findings for the 31 assessed factories, displaying non-compliance rates within parentheses. It is important to keep in mind that these reports are issued biannually, despite assessments occurring annually, resulting in issues being reported across two consecutive synthesis reports. 3 For instance, within the Occupational Safety and Health (OSH) cluster, there are eight distinct compliance points, each containing several compliance questions. Therefore, if a factory is non-compliant for even just one question within a compliance point, it is deemed non-compliant for that entire compliance point, and this is reflected in the broader cluster's non-compliance rate. Consequently, while the total number of factories classified as non-compliant in the cluster might be high, it does not necessarily imply that each of these factories is non-compliant for all the questions within a specific compliance point. BetterWork [page 20] 20 267 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D The industry's highest non-compliance rates continue to be observed within the Occupational Safety and Health (OSH) cluster, indicating that nearly every factory was found in non-compliance on at least one question within the respective compliance point. Since the total non-compliance rate within the cluster is derived from a compilation of questions, it is essential to delve into the specific questions responsible for the non-compliance rate. Under this cluster, the compliance point with the highest non-compliance rate is Chemicals and Hazardous Substances, which comprises seven compliance questions. Specifically, there are three issues causing the persistently high non-compliance rate. »> Eighty-four percent of factories were found in non-compliance for failing to properly label chemical products. This typically involves chemical products that were not labelled or that had a label that was missing information such as a pictogram. > Chemical safety data sheets for the products used in the workplace were not available in 84% of assessed factories. The chemical safety data sheets give relevant information for the handling of the product, including specific instructions in case of an accident for this question. > Maintaining an inventory of chemical and hazardous in the workplace also has à high non-compliance rate of 84%. This is an area where factories often need Better Work support to improve. Factories sometimes fail to include all the chemical products they have in the workplace in the inventory list. Products that they do not use regularly may not be reported on the inventory, or management think that some products such machine oil are not chemical products, and do not include them in the inventory. In this reporting period, the number of factories that are non-compliant regarding training provided to workers to handle chemical and hazardous products continues to decrease. Data as of June 2023 indicates that 13% of the 31 factories are non-compliant. > The chart below outlines the questions in the Chemical and Hazardous Substances compliance point and the rate of non-compliance for each question. terra [page 21] 21 267 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D > The other persistent non-compliance point in the OSH cluster is emergency preparedness, which contains ten compliance questions. The question on the emergency exits and escape routes has the highest non- compliance rate. However, Better Work Haiti has seen a significant decrease in non-compliance in this reporting period. Fifty-four percent, or 17 out 31 factories are non-compliant. > The other high area of non-compliance relates to firefighting equipment. In general, factories may have sufficient firefighting equipment, but they may not keep proper maintenance documents to certify that the equipment is regularly checked. In contrast, the non-compliance rate for accessible emergency exits is lower at 64.5%. > The non-compliance rates in the other seven questions in the compliance point are below 50%. The compensation cluster still shows a high rate of non-compliance in the aggregate. However, anecdotal evidence suggests that improvements have taken place in the period after the Better Work Haïti assessment and that non-compliance will likely reduce in the next reporting period because of the publication of the new decree, which removes the obligation to pay the lunch break. > In the compliance point related to paid leave, Better Work Haïti has found that 71% of factories pay the annual leave incorrectly, and that 774% of factories are in non-compliance for the correct payment of maternity leave. 100% of factories provided extra daily breaks to pregnant or breastfeeding women. > In the compliance point related to social security benefits, the payment of the lunch break will no longer be included in the calculation of the average daily earnings. Thus, factories that were in noncompliance because of the non-payment of the lunch break will no longer be non- compliant, if there are no other elements negatively impacting the calculation of the average salary. However, for this period, 87% of factories (27 out of 31) did not submit the accurate amount to OFATMA for work related accident insurance. Several factories made partial payments (Employers contribution 3%) per agreement with OFATMA but failed to provide assessors with an agreement letter from OFATMA during the assessment. Nineteen out of 31 factories (62.2%) were non- terra [page 22] 22 267 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D compliant for failing to pay workers correctly for the annual salary supplement or bonus. It is important to note that despite the persistent non-compliance in some questions within the compensation cluster, no violations were found related to payment methods, minimum wage payments, overtime payments, or unauthorized deductions from workers’ wages. BetterWork [page 23] The highest rates of non-compliances in the Haiïitian garment industry 65% EE aNs preparedness eu) ein alletuss continues to be a top priority for Better Work Haiti. Within this cluster, it's Factories do not noteworthy that 64% of factories lack adequate fire- have adequate fighting equipment, and 64% were also non-compliant fire-fighting regarding the accessibility, obstruction-free status, and equipment unlocked state of emergency exits during working hours. These concerns will remain a focus for ongoing attention and remediation efforts by Better Work Haiti. 65% The most prominent non-compliance issue within the Q Employment Contracts cluster, standing at 64%, Factories have pertains to questions regarding internal work rules. issues internal Although many factories possess a document work rules delineating their internal work rules, in some cases, this document lacks approval from the Ministry of Labor, as mandated by law. 61.2% UE anus regarding social security and other enefits remains elevated at 94%. Nonetheless, it is Factories have anticipated that non-compliance in this area will issues with annual decrease, given that the lunch break payment, which had been contributing to non-compliance in this cluster, salary supplement . is no longer mandatory. or bonus 84% Non-compli Î pliance concerning the management of Factories have chemical and hazardous substances continues to issues with properly be significant, standing at 100%. However, non- labelling, keeping compliance related to the proper storage of . chemicals is relatively low at 19% (8 out of 31), accurate inventory . : whereas 84% of factories were found to be non- ÉULLULE CEE EE Et) compliant when it comes to proper labelling, data sheets of their keeping accurate inventory and material safety chemical products data sheets of their chemical products. [page 24] 24 267# COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI à Non-compliance rates by Compliance Point - July 2022 - June 2023 (Core Labour Standards Clusters) 5 Child Labourers nn [e] 2 Documentation and Protection of Young — 3e D Workers = Ü Hazardous Work and other Worst Forms E________—.... E Gender NN — Le É Race and Origin sn = D à Religion and Political Opinion Mn Bonded Labour EE" 5 8 Coerci Ê oercion Mu _— TD . ô Forced Labour and Overtime SOEUR 6 LL Prison Labour EE Un Be Collective Bargaining DS NN S £ ÈS Freedom to Associate MN © 9 % 2 on Interference and Discrimination uv 5 £ E à Stikes De e = O 9 Ü | | o Union Operations SOEUR LL 0% 20% 40% 60% 80% 100% m Non-compliance rate (n= 31) BetterWork [page 25] 25 267# COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI à Non-compliance rates by Compliance Point - July 2022 - June 2023 (National Law Clusters) Method of Payment SOU Minimum Wages/Piece Rate Wages BON = 8 Overtime Wages EEMOXUUUUUUuUuUIN n Sa Paid Leave NN 7 Q Ë Premium Pay ES OU Social Security and Other Benefits D Wage Information, Use and Deduction EMS%"""""""WU""_… n É ÿ Contracting Procedures MG D) 2 à Dialogue, Discipline and Disputes sx" __—_—_—_—— © & œ 5 © Employment Contracts OO 7 1 © € 9 E Termination OO 6 SN ZT c Chemicals and Hazardous Substances DU 2 Ÿ Emergency Preparedness OO ZT E Health Services and First Aid OO EN Le) £ OSH Management Systems OO 74 T =. Welfare Facilities ON = 2 Worker Accommodation GX" © Q B Worker Protection ON à LU (e] . . Working Environment DD: 70; [0] E Leave EN Ë e Overtime SOU = e Regular Hours OO 77 = 0% 20% 40% 60% 80% 100% m Non-compliance rate (n= 31) BetterWork [page 26] 26 267# COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI N Details of the root causes of the non-compliances findings Number of factories out Non compliance issues by clusters and complaince Points of 31 Documentation and Protection of Young Workers Did not have a reliable system to verify the age of workers prior to hiring 1 Overtime Wages Failed to pay 50% above the normal wage for all ordinary overtime hours 2 worked Failed to pay 50% above the normal wage for overtime hours worked on ’ legally mandated holidays Failed to pay 50% above the normal wage for overtime hours worked on 2 weekly rest days Paid Leave Failed to pay workers correctly for annual leave 22 Failed to pay workers correctly during the daily break 22 Failed to pay eligle workers correctly for sick leave 24 Failed to pay eligle workers correctly for maternity leave 24 Premium Pay Failed to pay 50% above the normal wage when workers work regular ’ hours on legally mandated holidays Failed to pay 50% above the normal wage when workers work regular 1 hours on weekly rest days Social Security and Other Benefits Failed to pay workers their annual salary supplement or bonus 19 Failed to pay the 3% of workers' salary to OFATMA for work-related 27 accident insurance Failed to collect and forward correcty the required workers’ and 28 employers' contributions to OFTAMA for maternity and health insurance Better Work [page 27] 27 267" COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI N Failed to collect and forward correcty the required and employers' 28 contributions to ONA Failed to send the last workers’ pay slip to OFATMA for sick leave or 22 maternity leave payment Wage Information, Use and Deduction Did not keep only one accurate payroll record 4 Contracting Procedures Did not comply with limits on the trial period for apprentices 1 Did not comply to at least one of the legal requirements for compensation, 4 contracts, OSH and/or working time pertaining to non-production workers and/or sub-contracted workers Dialogue, Discipline and Disputes Had any workers that has been bullied, harassed, or subjected to 1 humiliating treatment Employment Contracts Had contracts that do not fully comply with the labour code, collective 6 agreement and internal work rules Had internal work rules that do not fully comply with legal requirements 20 Had written employment contracts that do not specify the terms and 5 conditions of employment Termination Did not provide workers proper notice of termination when required, or 17 pay workers during the notice period Terminated workers for reasons that are invalid under national law 2 Failed to compensate workers correctly for unused paid annual leave when 21 they resign or are terminated Did not pay workers correctly their annual salary supplement or bonus 19 upon termination Gender Had workers subject to sexual harassment 1 BetterWork [page 28] 28 267" COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI N Dismissed workers or force them to resign if they are pregnant, on 1 maternity leave or nursing Race and Origin Have race, colour or origin a factor in decisions regarding conditions of 1 work Coercion Did not allow workers to freely terminate their employment with ’ reasonable notice, and to leave their jobs when their contracts expire Punished workers for participating in a strike 1 Collective Bargaining Failed to implement any of the provisions of the collective agreement(s) in 10 force Strikes Punished any workers for participating in a strike 1 Chemicals and Hazardous Substances Did not properly label chemicals and hazardous substances 26 Did not properly store chemicals and hazardous substances 8 Did not have chemical safety data sheets for all the hazardous chemicals 26 used in the workplace Did not keep an inventory of chemicals and hazardous substances used in 26 the workplace Did not provide adequate washing facilities and cleansing materials in the 13 event of exposure to hazardous chemicals Failed to effectively train workers who work with chemicals and hazardous 4 substances Did not take action to assess, monitor, prevent and limit workers' exposure 14 to chemicals and hazardous substances BetterWork [page 29] 29 267" COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI N Emergency Preparedness Did not keep emergency exits and escape routes clearly marked and 17 posted in the workplace Did not safely store flammable materials 3 Did not appropriately safeguard possible sources of ignition 5 Did not keep emergency exits accessible, unobstructed and unlocked 20 during working hours, including overtime Did not have enough emergency exits 1 Did not conduct periodic emergency drills 14 Did not have fire detection and alarm system at the workplace 14 Did not have adequate fire-fighting equipment at workplace 20 Did not train an appropriate number of workers to use the fire-fighting 9 equipment Failed to inform and prepare workers for possible emergencies in the 2 workplace Health Services and First Aid Failed to provide annual medical checks to workers 15 Failed to provide free health checks to workers exposed to work-related 18 hazards receive Did not have the required onsite medical facilities and staff at the 25 workplace Failed to ensure there are a sufficient number of readily accessible first aid 20 boxes/supplies in the workplace Failed to provide first-aid training for workers 14 Did not provide the health cards within the first 3 months of hiring to 17 workers OSH Management Systems Failed to record work-related accidents and diseases and submit the 8 record to OFATMA on a monthly Did not develop mechanisms to ensure cooperation between workers and 4 management on OSH matters Did not perform an assessment of general occupational safety and health 7 issues in the factory Did not have legally required structural safety certificates 16 Welfare Facilities BetterWork [page 30] 30 267# COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D Failed to provide workers enough free safe drinking water 12 Did not have adequate accessible toilets in the workplace 20 Did not have adequate hand washing facilities and adequate soap in the 8 workplace Did not have an adequate eating area in the workplace 7 Worker Accommodation Failed to prepare adequately for emergencies in the accommodation 2 Failed to have accommodation to protect against fire 2 Worker Protection Did not post appropriate safety warnings in the workplace 4 Did not properly install or failed to maintain the electrical wires, cables, 19 switches, plugs and equipment (e.g. transformer, generator, electrical panel, circuit breakers), grounded (for equipment) Failed to install proper guards and maintain on all dangerous parts of 12 machines and equipment Did not effectively train workers and encourage them to properly use 5 personal protective equipment and machines Failed to comply with ergonomic requirements 1 Did not provide workers with all necessary personal protective clothing 25 and equipment Working Environment Failed to keep noise levels acceptable 4 Failed to keep the temperature and ventilation in the workplace 21 acceptable Failed to keep the workplace adequately lit 20 Failed to keep the workplace clean and tidy 9 orne Time Leave Did not provide at least 15 days of annual leave to workers with 1 year of 4 service Did not provide at least 12 weeks of maternity leave 10 Regular Hours to [page 31] 31 267# COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI N Failed to keep regular daily or weekly working hours to the legal limit 20 Failed to keep working time records that reflect the hours actually worked 9 Did not post the factory's working hours (for all shifts, and including break 3 times) Did not provide the required breaks for pregnant women 7 Better Work [page 32] 32 267 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI N Section V: Core labour standards non- compliance findings of the reporting period (January 2023 - June 2023) During the assessments conducted over the past six months, Better Work Haïti assessors identified several factories that were not in compliance with one or more of the Core Labor Standards. These issues encompassed à range of concerns, including discrimination, freedom of association, and forced labor. These allegations were promptly investigated, and upon the conclusion of these investigations, recommendations were provided to the factories. Some factories took immediate corrective action. Regarding discrimination violations, there was a case of sexual harassment, two cases related to gender discrimination, and one case related to race and origin discrimination. On forced labor, two cases fell under the coercion compliance point. In the Freedom of Association cluster, several factories were cited for violations of their collective bargaining agreements, and one factory was cited for actions taken in response to a strike. The case cited under child labor pertained to a failure to maintain proper documentation. Freedom of Association: Violations of Collective Bargaining agreement During this reporting period, Better Work Haiti assessors identified non- compliance with one or more articles of the collective bargaining agreement in all the factories within an industrial park located in the Northeast. These violations were discussed with the individual factories during the assessments, and recommendations were provided. For instance, Article 4.1.7 of the agreement mandates that all factories register their employees with OFATMA for maternity and health insurance. Since none of the factories had completed this registration, they were found to be non- compliant with this article of the collective bargaining agreement. Some BetterWork [page 33] 33 267 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D factories were cited for failing to provide ergonomic chairs to their workers, while others were cited for not maintaining the appropriate temperature in the workplace. Additionally, certain factories were cited for not taking adequate measures to reduce noise levels. These violations are linked to specific articles within the collective bargaining agreement that had been mutually agreed between the parties. Freedom of Association: Strikes FACTORY1 During the assessment visit, Better Work Assessors received information indicating that the factory's management had carried out a reduction in its workforce shortly after a work stoppage that occurred on April 17, 2023. The majority of the workers who were let go belonged to the finishing section, and they were subsequently replaced by new workers. It is worth noting that on April 10, 2023, the factory's management had submitted a notification to the Ministry of Social Affairs, stating that production at the factory would be temporarily halted for two production lines from April 12, 2023, to May 12, 2023, due to a shortage of raw materials. However, this notification did not include details such as the names or the number of affected workers, and the suspension was never actually implemented. During the assessment visit, the assessors inquired with the factory's administration about the notification sent to the Ministry of Social Affairs for the mass workforce reduction, the criteria used for selecting affected employees, and any evidence that the client (the buyer) had indeed reduced its orders. Unfortunately, no documents pertaining to these matters were available at the factory. Instead, the General Manager mentioned during the concluding meeting that the client's letter would be sent to the assessors by mail and that all new recruitment had been conducted in accordance with the factory's needs. However, the factory did not provide any letter from the buyer to the Better Work Assessors. Prior to the assessment of the factory, Better Work Haiti had received complaints from union members alleging unfair dismissals and asserting that the factory had not respected the rights of workers during this mass reduction of the workforce, which was attributed to a lack of orders. terra [page 34] 34 267 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D Discrimination: Race and Origin FACTORY1 This incident took place at the same factory mentioned earlier (Factory 1) and was identified during the same assessment. While conducting the assessment, Better Work discovered that foreign supervisors frequently communicated with workers in a disrespectful manner and made derogatory comments. On April 17, 2023, a work stoppage was initiated as a result of a comment made by a manager in the finishing area. The manager had remarked that he preferred working with Dominican workers over Haïitian workers. Better Work advised the factory to provide training in workplace communication to the staff. However, during the writing of the report, the factory's management informed us that the foreign managers involved in the case are no longer working at the factory. Discrimination: Sexual Harassment FACTORY 2 Better Work Haïti assessors investigated a case of sexual harassment at a factory. The general supervisor, who had purchased a mobile phone from an administrative assistant, reported an issue with the phone and returned it to the assistant. The assistant attempted to repair the phone but failed, retaining it and refunding the money. The supervisor expressed his desire to keep the phone due to its private data including photos of sexual nature, but the assistant assured him he would erase it. The phone contained pictures of the general supervisor with his spouse and other private images featuring him and a male foreign manager. The supervisor alleges that the management assistant shared these pictures and engaged in explicit conversations with other workers, leading to derogatory name-calling and defamatory comments, causing significant emotional distress. The week following the assessment, the individual accused of harassment met with the assessors, acknowledged receiving the cell phone with the personal photos on it but denied the responsibility for sharing the pictures because the phone was stolen a couple of days after receiving it from the supervisor. BetterWork [page 35] 35 267" COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI N Discrimination/Gender FACTORY 3 A total of 19 female workers were terminated from their employment during pregnancy, maternity leave, and breastfeeding periods. According to the factory's management, these dismissals were carried out as part of a planned workforce reduction. The factory initially communicated this action via email to the Ministry on February 15th, 2023, and hand-delivered the dismissal letters in person on February 16th, 2023. However, despite these actions, the workers were officially terminated on February 17th, 2023, without having obtained the necessary authorization from the Ministry of Labor, Administrative, and Social Affairs (MAST). During interviews, the factory admitted that they did not receive a formal letter of authorization from MAST for these dismissals. The letter sent to MAST had stated, "The factory is inviting MAST to conduct an investigation based on Article 330, Section B of the Labor Code," and further mentioned that the dismissals would occur on February 16th, 2023. Copies of these letters, obtained by Better Work assessors, indicated that MAST received them on February 16th, 2023. However, up to the time of the assessment, MAST had not initiated any investigation into this matter. Better Work determined the factory to be in non-compliance due to their failure to wait for or receive proper authorization from MAST before terminating the pregnant, nursing, and breastfeeding workers. Freedom of Association/Strikes FACTORY 3 This case of forced labor also pertains to Factory 3, as mentioned earlier during the same assessment. On February 15th, 2023, Factory 3 sent a letter to MAST, along with a subsequent email to various stakeholders, including representatives from ADIH, Better Work, and Industrial Parks, to formally announce their decision to reduce their workforce, effective February 17th, 2023. The letter specified that the workers would be terminated based on Article 37 of the Labor Code. It BetterWork [page 36] 36 267 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D further mentioned that these workers would receive their salary, bonuses, annual leave balances, and corresponding severance pay, as outlined in Articles 43, 44, and 45 of the Labor Code. Attached to the letter sent to MAST was a list containing the names of 288 workers who would be affected by this reduction. Among the workers dismissed, 12 held executive positions within three different union groups. Better Work Haiti did not find the factory to be in non- compliance regarding this initial wave of dismissals since the evidence did not substantiate that the workers were targeted due to their union activities. However, on February 23rd, 2023, the remaining members of the unions, who were not dismissed during the reduction, initiated a strike that lasted for two and a half days, concluding on February 27th, 2023. The strike was prompted by the factory's dismissal of several executive committee members during the workforce reduction. The remaining executive committee members demanded that the factory reinstate the dismissed workers. In response, the factory called upon a Justice of the Peace and MAST inspectors to oversee the situation. Shortly after the strike, the factory's management sent a letter to MAST, notifying them of their decision to terminate 43 workers (with a list of names provided) based on Article 42, Sections À and G of the Labor Code. These terminations were attributed to the workers' participation in the strike on February 23rd and 24th, 2023, which disrupted factory operations due to the disturbance caused to other workers and alleged vandalism against the factory's physical assets. However, the video evidence submitted to Better Work assessors did not demonstrate any instances of violence or vandalism during the strike. Better Work Haiti identified non-compliance in this case because the factory failed to provide sufficient evidence indicating that the workers had engaged in violence during the strike. Additionally, the application of Article 42, Paragraphs A and G, as cited for the dismissals, does not align with the circumstances surrounding a strike. Consequently, Better Work recommended the reinstatement of all 43 workers who were terminated following the strike. Forced Labor/Coercion FACTORY 4 terra [page 37] 37 267 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D Better Work found that foreign workers were not free to terminate their employment by providing reasonable notice due to provisions in their employment contracts. Under the contracts, if they terminate their employment within 180 days (about 6 months) of starting work, they are obligated to reimburse the company for the airfare expenses covered by the company for their journey to Haiti. Additionally, they are responsible for covering the travel expenses incurred for their return journey to their home country. The factory has since made the appropriate corrections to the contracts for foreign workers. terra [page 38] 38 267" COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI N Section VI: Better Work key activities during the reporting period In this section, we will provide an update on the activities carried out by Better Work Haïti from January 2023 to June 2023. Better Work Haiti continues to operate in a hybrid mode, utilizing both virtual and in-person approaches to deliver its services, in accordance with its mandate under the Hope II law. To conduct assessments and advisory services, Better Work Haiti continued to collaborate with labor inspectors from MAST. Due to security concerns in the metropolitan area of Port-au-Prince, some assessments were conducted virtually. Factory compliance officers, union committee members, or bipartite committee members supported these virtual assessments by facilitating Occupational Safety and Health (OSH) tours. Over time, Better Work Haiti's staff has increased its physical presence in the northeast region and conducted more in-person activities within the industrial parks. In early February 2023, Better Work Haiti organized a series of meetings with various program stakeholders, holding separate discussions with each group. These meetings aimed to address the concerns and primary priorities of each stakeholder in relation to the significant challenges facing the apparel industry. Discussions encompassed key themes and activities outlined in Better Work Haiti's strategic plan for 2022-2027, as well as the adoption of an updated memorandum of understanding for the PAC (Program Advisory Committee). Through these conversations, stakeholders expressed shared concerns regarding critical issues in the sector, including: > Job losses due to factory closures caused by insecurity and declining orders. > Challenges faced by factories in implementing the 3x8 law. > Establishment of a working group to address non-compliance issues identified in Better Work Haiti's factory Improvement plan dashboard. > Development of a business continuity plan (recovery/emergency plan) for the sector. BetterWork [page 39] 39 267 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D The stakeholder meetings concluded with the signing of a memorandum of understanding by PAC representatives, delineating the roles of each stakeholder and joint actions to find practical and sustainable solutions to address industry challenges and leverage its existing potential. Better Work Haiti remains committed to fulfilling its mandate through a hybrid approach, delivering core services to participating factories, and engaging with key stakeholders, including MAST labor inspectors, representatives of the Ombudsperson's office, workers" associations, and employer associations. The following activities were conducted between January and June 2023: > Delivery of several in-person training sessions for bipartite committees. > Provision of training in negotiation skills, Gender-Based Violence and Harassment, and Supervisory Skills. > Collaboration with an Occupational Safety and Health (OSH) specialist from Better Work Nicaragua to conduct a workshop on OSH, with a focus on addressing persistent non-compliance (PNC) issues identified during assessments. > Individualized training on Chemical Management Systems for participating factories in the Northeast region. BetterWork [page 40] 40 267 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D Training SUPERVISORY SKILLS TRAINING Participants were offered supervisory skills training aimed at equipping them with the knowledge and strategies required to excel as effective supervisors. This training placed a strong emphasis on developing essential skills such as communication, leadership, coaching, delegation, motivation, and team building. À total of three factories actively participated in this training, involving 32 participants, including six women. RESPECTFUL WORKPLACE AND COOPERATION During this reporting period, Better Work Haïti conducted training sessions on Respectful Workplace and Cooperation, benefiting a total of 138 participants, including 43 women, across eight participating factories. These participants included 38 bipartite committee members, 14 OSH committee members, and 6 workers’ representatives. The goal of these training sessions, attended by both the Office of the Ombudsperson for the Textile Sector (BMST) and representatives from the eight factories, was to enhance the mutual understanding between factory management and workers and promote dialogue-based problem-solving. The training equipped participants with valuable strategies for effective communication within their factory, along with the knowledge and skills required to prevent, resolve, and manage workplace disputes and grievances efficiently. The course covered essential topics such as the significance of effective communication, various forms of workplace communication, dispute resolution procedures, grievance handling processes, and provided à basic introduction to Collective Bargaining Agreements (CBAs). GENDER Better Work Haiti remains committed to addressing gender-related issues at the enterprise level by providing training and advisory services. During this reporting period, Better Work Haiti conducted an introductory module on Gender-Based Violence and Harassment (GBVH) and GBVH Grievance Mechanism training in six participating factories, with a total of fifty-eight participants, including eleven women. BetterWork [page 41] 41 267 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D These training sessions aimed to expand participants’ understanding of GBVH, encompassing various forms of gender-based violence, beyond the more familiar sexual harassment prevention training. Participants also learned how to conduct a gap analysis of their factory's existing grievance mechanism to become familiar with the essential elements that should be part of a related policy. Additionally, participants received an overview of the concept of Psychosocial First Aid to better handle complaints when initially received. PURCHASING PRACTICES In the area of purchasing practices, Better Work Haiti provided introductory training on Purchasing Practices tools to two factories in the Northeast, with a total of eight participants, including four women. This training assisted factory managers in identifying aspects of their purchasing practices that might contribute to non-compliance. The factory-level tool collects data on the connections between buying practices and factory non-compliance, based on the factory's most recent assessment. The data is then used to generate a summary report, beneficial for both factories and Better Work, highlighting where buyers' practices negatively impact factory compliance. Additionally, if desired and agreed upon by the factory, it can produce a report with specific examples for individual buyers. These insights help factories and Better Work advocate for improved purchasing practices. Collaboration with the government With the assistance of Better Work Haïti, the Office of the Labor Ombudsperson for the textile sector (BMST) has introduced a digital Complaint Management Solution aimed at enhancing the quality and efficiency of handling industrial conflicts in the garment sector. The Office of the Labor Ombudsperson typically receives around a dozen in-person complaints each month, covering various issues such as contract disputes, working hours, social security payments, and maternity leave. Stakeholders can now utilize a web-based application to report their complaints to the Labor Ombudsperson's office and monitor the status of their cases once they receive confirmation of receipt. The website can be accessed at wWww.caseprocenter.com and is user-friendly, available in five languages. This new system is expected to streamline conflict resolution operations, especially for remote reporting and tracking by involved parties. It promotes terra [page 42] 42 267 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D transparency and facilitates collaborative work between BMST, the Ministry of Labor and Social Affairs (MAST), Better Work Haiti, and other relevant parties. The development of a mobile app for the complaint management system, also supported by Better Work Haiti, is set to become operational in the fourth quarter of 2023. SOCIAL DIALOGUE AT THE FACTORY LEVEL One of the key strategies employed by Better Work Haiti is to enhance worker involvement in the decision-making process through an increased emphasis on social dialogue. Since its inception, Better Work has been actively promoting the establishment and effective operation of factory level bipartite committees. This approach aims to foster greater social dialogue and address compliance- related issues, leading to improved productivity and enhanced working conditions. During reporting period, Better Work Haïti placed particular focus on delivering Advanced Bipartite Committee training to factories that already have functioning bipartite committees in place. This training module is designed to equip both management and worker representatives with the essential skills needed to sustain the bipartite committee's activities throughout the improvement process. It also assists in managing the ongoing process of social dialogue independently. Moreover, the module supports worker and management representatives in developing a shared vision of what effective cooperation between management and workers should entail within their specific factory context. In this reporting period, three factories, involving a total of 33 participants (including 11 women), participated in this training. Additionally, during this period, Better Work Haïti successfully trained and established one new bipartite committee at a factory in the Northeast, comprising 20 members, including 2 women. TRAINING ON WORKERS RIGHTS AND RESPONSIBILITIES Better Work Haiti firmly believes that enhancing workers' knowledge of their rights and responsibilities is instrumental in promoting increased social dialogue at the factory level. Following consultations with the factory advisor to identify the specific training needs of the factory, Better Work Haïti conducted a training session on workers’ rights and responsibilities for one factory. This terra [page 43] 43 267 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D training involved the participation of 17 workers, including 4 women. The primary objective of this training was to empower participants with an understanding of universal labor standards applied worldwide. Furthermore, the training aimed to familiarize participants with the concept of fundamental principles and rights at work, as outlined in the 1998 declaration by the International Labor Organization (ILO). It addressed the concerns of participants regarding their rights and responsibilities within the workplace and provided them with a comprehensive list of resources they can turn to for further clarification or assistance in the future. By engaging in this training, workers were provided with a broad overview of their rights and responsibilities as employees. This newfound knowledge equips them with the tools to explore additional resources for ongoing self- education on these critical matters. SOCIAL DIALOGUE AT THE STRATEGIC LEVEL (PROJECT ADVISORY COMMITTEE) Better Work Haiti continues to actively engage with tripartite partners, fostering an environment of social dialogue among the stakeholders in Haiïti's textile sector. These engagements take place either through bilateral discussions or within the established Project Advisory Committee (PAC). Following the issuance of the new decree, which suspended the implementation of the 3*8 law, the leadership of Better Work Haïti collaborated with the Office of the Ombudsperson for the Textile Sector to convene a meeting with representative members of the Project Advisory Committee (PAC). The primary objective of this meeting was to deliberate on the implications of the new decree for the sector andits potential effects on factory operations. Within this gathering, the Ombudsperson took the opportunity to present the outcomes of the work carried out by the subcommittee tasked with formulating recommendations for the government to address the challenges facing the textile sector. The recommendations, duly validated by PAC members, encompass the following points: > Strengthening the social protection framework to enhance the resilience of workers. terra [page 44] 44 267# COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI 4 > Implementing measures to restore investor confidence. > Initiating steps to renew the personnel of the Special Labor Court and Peace Tribunals in the regions. > Supporting a series of training programs for various stakeholders. > Ensuring a continuous presence of labor inspection teams in the Caracol Industrial Park and CODEVI. > Establishing a physical presence of the Office of the Ombudsperson (BMST) in the northeast region. Additionally, representatives from ONA and OFATMA in the PAC delivered brief presentations, outlining the activities of their respective entities and the supportive measures available to their constituents. Covering a wide range of topics and focusing on the non-compliance point and remediation efforts are needed to correct the issue found at the factory. Advisory services are conducted with the bipartite 81 committee members’ participation, including representatives of workers and management. During Virtual advisory the advisory services, workers’ representatives are sessions to 33 encouraged to speak freely and discuss relevant issues. participating Better Work Haiti also ensures that women are BCoEs represented in the bipartite committees. Better Work Haiti delivered 26 training sessions on 11 topics to 20 factories in Port-au-Prince and the Northeast. À total of 485 workers and management staff, 135women, and 350 were, were trained on sexual 26 harassment prevention, chemical management system, worker's right and responsibility, workplace Training sessions communication and cooperation, understanding to 20 factories (28% gender as well as supervisory skills. women) [page 45] 45 267 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI N 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 ifit is closed. Table 3: List of factories in the Haitian apparel sector, which have been assessed between July 2022 and June 2023) 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. 2. Fairway Apparel S.A. 10. H4H S.A 11. Haïti Best Sewing S.A.(formerly Quality Sewing Manufacturing S.A.) 12. Haïti Premier Apparel S.A. 13. HANSAE HAITI S.A 14. LIFE S.A. Ÿ BetterWork [page 46] 46 267 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI N 15. MAS AKANSYEL S.A 16. MBI HAITI S.A 17. MD Industries 18. MGA Haiti SA. 19. PACIFIC SPORTS HAITI SA. 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 Haïtian 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. Findings from the Factories This section provides a comprehensive account of the factories' compliance performance, as stipulated by the HOPE II legislation. HOPE II mandates the organization overseeing the TAICNAR program (the ILO) to produce a semi- annual report containing specific details about factories' compliance performance. This report should encompass the preceding six months, furnishing in-depth compliance data for each producer (please refer to Annex 1 for precise HOPE II legislative requirements). This includes particulars regarding identified non-compliance points, producer efforts to rectify these BetterWork [page 47] 47 267 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D non-compliance points, and the duration since these deficiencies were first identified. This data is presented in the factory tables in the ensuing section. The complete Compliance Assessment Tool (CAT) employed by Better Work Haiti is accessible online. When a compliance point is not listed for a factory, it signifies that the factory has maintained compliance on this point during its last two assessments by Better Work. The reference point is consistently the comprehensive list of compliance points and issues outlined in Better Work's compliance assessment methodology section. A factory must have undergone a minimum of two assessments before its information is featured in the factory tables of this report. The columns in the tables correspond to specific reporting requirements laid out in the HOPE legislation and offer additional information as follows: > Details on non-compliance identified by EAs: This information encompasses issues where evidence of non-compliance was discovered in one of the last two assessments conducted by Better Work at each factory (the dates of the last two assessments are equally indicated for each factory at the top of its table). > Improvement priorities identified by the factory. > Efforts made by the factory to address compliance needs, as verified in the most recent assessment or advisory visit. > For non-compliance areas that have not been rectified, the amount of time that has elapsed since the non-compliance was initially identified at this factory. Further information pertaining to HOPE II reporting requirements is provided in the section preceding each table, such as advisory and training services offered by Better Work. It's noteworthy that one company received à non-compliance mark in the child labor cluster during this period. Despite not identifying any child laborers in the factory, Better Work Haïti found that the factory failed to implement the proper management system for verifying workers" ages. The company also lacked appropriate documentation, such as picture IDS or birth certificates for its employees. BetterWork [page 48] 26T* COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI 4 Additionally, during this reporting period, Better Work Haiti reports two companies for violating Freedom of Association labor standards. These companies terminated several union committee members for their involvement in strikes or alleged incitement of violence. However, the factories were unable to substantiate the involvement of these specific accused workers in the incidents. Following a thorough investigation, which included group and individual interviews with workers, discussions with factory managers, and consultations with labor inspectors, Better Work advisors concluded and recommended that some of the terminated workers be reinstated to their positions without any penalties. T F7 Lie g = pr” | - _— } b f - T* : ; f ; a+: / / 7 EPS / L/ | 4 L/ % l : û 7, - SE F4 . 7 ‘ E : ‘ vu , e . LS — [page 49] 49 BETTER WORK HAITI - 23RD COMPLIANCE SYNTHESIS REPORT - DECEMBER 2021 L 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 Haïti 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 the trade preferences established under HOPE and HOPE II. In 2015, the US Government extended the Haïti 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: [page 50] 50 267# COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D TAICNAR Program Component 1: Compliance Assessments and Remediation Support The HOPE law states that the first component of the TAICNAR program is “to assess compliance by producers listed in the registry described in paragraph (2) (B) (i) with the conditions set forth in subparagraph (B) and to assist such producers in meeting such conditions.” Better Work has been covering this part of the TAICNAR program since its launch in 2009. It must 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-stakeholder's 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 Haïti - (I) to inspect facilities of producers listed in the registry described in paragraph (2)(B)(i); and (Il) to enforce labor laws and resolve labor disputes, including through measures described in subparagraph E." The ILO has been conducting different activities under this component, mainly in the context of the USDOL-funded ILO/MAST Capacity Building project, which aimed 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. BetterWork [page 51] 51 267# COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D As of 2018 and with Better Work's new 5-year strategy in Haïti, the program will continue to build on the efforts of this MAST capacity-building program. The revised project strategy emphasizes the capacity building of all tripartite constituents - Government, employer, and worker organizations - as part of the sustainability efforts of the Better Work program. The HOPE 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. BetterWork [page 52] 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) — (1) a description of the deficiencies found to exist and the specific suggestions for remediating such deficiencies made by the entity operating the TAICNAR Program; (Il) 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 (II) with respect to deficiencies that have not been remediated, the amount of time that has elapsed since the deficiencies were first identified in a report under this subparagraph. (iv) For each producer identified as having deficiencies with respect to the conditions described under subparagraph (B) in a prior report under this subparagraph, a description of the progress made in remediating such deficiencies since the submission of the prior report, and an assessment of whether any aspect of such deficiencies persists. [...] [page 53] 53 267# COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D 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 ——, [page 54] 54 267# COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D 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 report through the Better Work portal. This portal is the platform that is also used by Better Work to share factory data with authorized international brands that subscribed to a specific factory in either of the Better Work country programs. The enhanced portal with the revised self-reporting function also offers the opportunity for factories to update their improvement plan themselves. The improvement plan lists a factory's non- compliance points from the last Better Work independent assessment together with any other issues that the factory itself identified as areas for improvement. Once the factory updates its improvement plan online, the information is immediately available to buyers and Better Work. However, this feature has some limitations with regards to the factories’ editing rights as only Better Work can update the status of a non-compliance issue from “delayed,” “pending,” or “in progress” to “completed” after verification of evidence of remediation. Factory reporting then continues with the first progress report, which is published approximately five months after the start of the cycle. This report includes progress made to date on all self-diagnosed issues and those identified by Better Work during the assessment. This report has a pre-set structure from Better Work, and it is made available to authorized buyers and indicates initial progress and planned steps for the remainder of the cycle. The Better Work role for this first progress report will be limited to coaching factories on how to engage in effective self-reporting and ensure continued progress on closing areas of non-compliance. The Better Work Enterprise Advisors then write their progress reports towards the end of an annual cycle of each factory. An overview of the sequence of the different components of the Better Work service model under this revised approach can be found in the illustration below: ——, [page 55] 55 267 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI à S 4 al AT) « training ua to 25 deys per cycle \ \ % industry ! (=) (2 4 2 ? b \ ! \ + or S 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. —— [page 56] 56 267# COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D 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 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 Haïitian law. WORKING CONDITIONS: The four other clusters assess conditions at work, including compensation, contracts and human resources, occupational safety and health, and working time. The compliance points covered in these clusters are 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 ifit is not in accordance with the international conventions that the country has ratified. In countries where national law either fails to address or ——, [page 57] 57 2674 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI 4 lacks clarity around a relevant issue regarding conditions at work, Better Work establishes a benchmark based on international standards and good practices. Table 2: Better Work compliance assessment framework Complian Compliance Compliance Issue ce Cluster Point Child Labor Child Workers under the age 15 Labourers Documentati Age verification system on and Protection of A medical certificate and/or an Young employment certificate or permit Workers delivered by the Director of Labor provided by workers under age 18. Register of workers under age 18. Hazardous Workers under age 18 working at night. Work and other Worst Workers under age 18 working overtime. Forms Workers under age 18 doing work that is hazardous by nature. Discriminationt Gender Changing the employment status, position, wages, benefits, or seniority of workers during maternity leave. Conditions of work (gender and/or marital status). 4 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 Haïti 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. BetterWork [page 58] 58 267* COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D Excluding maternity leave from workers’ period of continuous service Hiring (gender and/or marital status). Job announcements (gender and/or marital status). Pay (gender and/or marital status). Pregnancy tests or use of contraceptives as a condition of employment Promotion or access to training (gender and/or marital status). Sexual harassment Terminating workers or forcing them to resign if they are pregnant, on maternity leave or nursing. Termination or retirement (gender and/or marital status). Race and Conditions of work (race, color, origin) 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) Conditions of work (religion or political opinion) BetterWork [page 59] 59 267 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D Religion and Harassment (religion or political opinion) 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 Debts for recruitment fees owed to the Labor 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. Workers’ access to their personal documents (such as birth certificates, passports, work permits, and ID cards) BetterWork [page 60] 60 267 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D Forced Labor Forced overtime under threat of penalty and Overtime Prison Labor Prison laborers Freedom of Collective Access to collective bargaining Association Bargaining agreement. and Collective Bargaining Collective agreement is less favorable for workers than what is required by national law. 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, and or control the union(s). discriminatio n 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 BetterWork [page 61] 61 267# COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D 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” Operations request. 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 Wage payment in legal currency. Minimum Correct payment of piece-rate workers Wage when their piece-rate earnings exceed minimum wage. Payment of minimum wage for apprentices. Payment of minimum wage for temporary workers. Overtime Payment for ordinary overtime. Wages Payment for overtime hours worked on holidays. Payment for overtime worked at night. BetterWork [page 62] 62 267# COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D 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 Collecting and forwarding workers’ Security and social insurance contributions funds to Other ONA. Benefits 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. Deductions from workers’ wages. BetterWork [page 63] 63 267* COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D Wage Informing workers about wage Information, payments and deductions. Use, and Deduction Payroll records. Contracts and Contracting Limits on the trial period for apprentices. Human Procedures Resources Dialogue, Bullying, harassment, or humiliating Discipline treatment of workers. and Disputes Disciplinary measures Resolution of grievances or disputes. Employment Contracts for all persons performing Contracts work for the 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. Better Work [page 64] 64 267 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D Reductions in workforce size or suspensions due to changes in operations Occupational Chemicals Assessing, monitoring, preventing, Safety and and/or limiting workers’ exposure to and health Hazardous hazardous substances. 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 Preparedness unlocked emergency exits during working hours, including overtime. Fire detection and alarm system. Fire-fighting equipment. 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 BetterWork [page 65] 65 267# COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D Storage of flammable materials Training workers to use the fire-fighting equipment Health Annual medical checks for workers. Services and First Aid First-aid training for workers. Health checks for workers who are exposed to work-related 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 Assessment of general, occupational Management safety, and health issues in the factory. Systems 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 Certain required facilities. Facilities Eating area. Providing drinking water. BetterWork [page 66] 66 267 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D Toilets. Washing facilities and/or soap. Worker Accommodation separate from the Accommodati workplace on 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. 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. Ergonomic requirements BetterWork [page 67] 67 267 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D Worker Installing guards on all dangerous Protection 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. BetterWork [page 68] 68 267# COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D Authorization from the Department of Labor for work on Sundays. Limits on overtime hours worked. Voluntary overtime. Regular Daily break periods. Hours 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 non- compliance rate of 100% means that all participating factories were found to have at least one violation in that area. The Better Work program supports fair and transparent public reporting. In all Better Work country programs, synthesis reports containing aggregated information on the industry are prepared based on the individual factory assessment reports and published twice a year. Better, work is currently expandingits 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 BetterWork [page 69] 69 267# COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D addition, gathering and reporting these data over time enables factories to demonstrate their efforts to improve working conditions. LIMITATIONS IN THE ASSESSMENT PROCESS The factory-level assessments carried out by Better Work Haiti follow a thorough checklist of about 230 questions covering the above-mentioned labor standards and gathering general information about the factory.5 Information is gathered through various sources and techniques, including document review, observations on the factory floor, and interviews with managers, workers union representatives, bipartite committee members, or other relevant witnesses. Finally, the information collected is compiled and analyzed to produce a detailed assessment report. Before the reports become official, factories are given seven calendar days to provide feedback. Worker interviews conducted during the assessment process are held onsite, either in a private room within the factory building or outside the building (yard, eating area), and either in small groups or individually. Interviews are conducted in Creole, the primary language of the workers. Workers may be suspicious and feel uneasy about sharing information in their workplaces with people who are not well known. In addition, coaching of workers by factory management is a possible issue in the industry in general. Nevertheless, after fourteen assessment cycles conducted over more than seven years, Better Work Haiti Enterprise Advisors have become more experienced at collecting information and interviewing workers. Together with other activities led by Better Work, Haïti has created an environment where workers are more comfortable discussing working conditions. Interviews with workers cover many aspects of life at work and last approximately 20 minutes. On average, 40 workers representing different sections of the factories and union representatives are interviewed. Violations in core labor standards such as sexual harassment or freedom of association are sensitive and are more difficult to detect during factory assessments. The assessment of violation of freedom of association issues in the workplace is sometimes difficult to assess in a two-day assessment. There 5 Better Work Haïti Compliance Assessment Tool (CAT) including their legal references can be accessed here: http://betterwork.org/haiti/?page_id=1731 ——, [page 70] 70 267# COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D 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 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 lasts 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 self-diagnose their own compliance and to 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 less intensive from those 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 is sexual harassment which is included in Better Work Haiïiti's compliance assessment tool. Like other ——, [page 71] 267# COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI 4 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. 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 Haïti 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. Better Work's supervisory skills training has contributed to raising awareness of this issue among supervisors in more than half of the factories in Haïti. Simple auditing of factory compliance has been widely acknowledged as limited in rectifying compliance issues. Furthermore, factories wishing not to disclose certain information can do so without focusing on the long-term business benefits of improving their working conditions. Therefore, 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. "1 à [ ne _: Les | | (A Lu LA [page 72] 72 267* COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D Annex 4: Factories findings Better Work [page 73] BETTER WORK HAITI - 26TH SYNTHESIS REPORT Factory: Bon Kalite International, S.A Location: Ouanaminthe Number of workers: 977 Date of registration May-21 Date of last two Better May-22 Jun-23 Work assessments: Advisory and Training Services 22-May-23 Advisory meeting Factory tour on chemical handling, Documentation review: Compensation, working time and Management systems. Meeting with the bipartite committee on improvement made in the workplace. 13-Apr-23 Training Chemical Management System 13-Apr-23 Advisory meeting Factory tour on emergency preparedness, chemical, electrical safety. Conduct an OSH management systems gap analysis. T-Apr-23 Training PNCSs & Management System 6-Feb-23 Advisory meeting Factory Tour on emergency preparedness, Bipartite meeting to identify the training needs. Meeting with Union leaders about general concerns and improvement plan and Short training on OSH emergency preparedness. T1-Nov-22 Advisory meeting Bipartite meeting to present the last assessment. Conduct session on BW portal and session on first progress report. Then review of HR documents: internal work rules, contracts , trainings. 31-Aug-22 Training Supervisory Skills (SST) 30-Aug-22 Training Supervisory Skills (SST) 29-Aug-22 Training Supervisory Skills (SST) 25-Aug-22 Training BWH-TNG HIV/AIDS 17-Jul-22 Training Bipartite Committee training 16-Jul-22 Training Bipartite Committee training ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment June 2023 Jun-23 Occupational Safety and Chemicals and Hazardous Substances The chemical inventory was not accurate Assign responsible persons for 18 Health and did not include the name of all updating inventories of hazardous chemicals used in the workplace substances in the various locations where they are stored or used. Jun-23 Occupational Safety and Chemicals and Hazardous Substances Assessors found several containers without Define who control the chemical 18 Health proper labelling, indicating the classification container on receipt from supplier and hazards and safety precautions. control the label [page 74] Jun-23 Occupational Safety and Chemicals and Hazardous Substances MSDS is not available for all chemicals inthe Specify who is in charge of receiving 18 Health workplace. MSDS from supplier / Verify the MSDS has the needed elements. Jun-23 Occupational Safety and Chemnicals and Hazardous Substances The spot cleaning area does not have the Improve isolation from the chemical 18 Health proper conditions to prevent unnecessary (e.g. separate room for spot cleaning). exposure of workers. Jun-23 Occupational Safety and Chemicals and Hazardous Substances The eye wash stations in several areas, are Install eye wash where chemicals are 18 Health used are not functioning properly. used. Jun-23 Freedom of Association and Collective Bargaining The employer failed to implement the CBA Implement the CBA as agreed with 1 Collective Bargaining provisions. workers ‘representatives. Jun-23 Occupational Safety and Emergency Preparedness The fire extinguishers are not properly Mark on the floor area that should not 18 Health maintained. be obstructed. Then specify who conduct daily weekly checks (and include this in the system of daily- weekly checks). Jun-23 Occupational Safety and Emergency Preparedness Several areas of the factory are obstructed Discuss with the General Manager and 18 Health by boxes or pallets of raw materials and rearrange the sewing floor. finished goods Jun-23 Occupational Safety and Emergency Preparedness Fire drill are not conducted twice a year as Conduct at least one emergency drill 18 Health recommended. every 6 months including full evacuation of the workforce Jun-23 Occupational Safety and Emergency Preparedness The workers are not aware of the risks. The Ensure that the evacuation routes are 18 Health last fire drill was conducted in September of not obstructed during working hours. 2022. Conduct fires drills every six months. Jun-23 Occupational Safety and Emergency Preparedness The training records provided revealed that Provide additional training on fire 18 Health less than 10 percent of workers were trained fighting equipment in fire-fighting equipment. Have a system in place to monitor trained workers Jun-23 Contract and Human Employment Contracts The contract does not comply with the labor Ensure that foreign workers contract 18 Resources code. The employment contract for are signed by both parties and it Dominican workers is not signed by both complies with the Haitian labor code parties. In addition the hours of work is different from the regular hours of the factory. [page 75] Jun-23 Contract and Human Employment Contracts The factory does not have an internal work Translate the internal work rules in 18 Resources rules approved by the Ministry of Labor. local language and submit it to the ministry of labor for proper authorization Jun-23 Contract and Human Employment Contracts The factory does not have an HR policy as Develop an HR policies. 18 Resources part of its internal policy. Jun-23 Contract and Human Employment Contracts The factory does not communicate HR Post the internal regulations 18 Resources procedures and policies adequately. and trained staff on how to carry out policies and procedures. Jun-23 Contract and Human Employment Contracts There is no evidence that the employer takes Develop HR performance indicator. 18 Resources action to investigate violations of HR policies and procedures. Jun-23 Contract and Human Employment Contracts The termination procedure does not include Include the time frame between 18 Resources all the necessary elements. warnings and payments, the right to defend oneself prior to termination and to representation during the disciplinary process. Jun-23 Contract and Human Employment Contracts The grievance procedure does not ensure Include in the procedure fair review, 18 Resources anonymity and non-retaliation, include all communication of changes made or the necessary elements. resolution and an appeal process, ensuring anonymity and non- retaliation. Jun-23 Occupational Safety and Health Services and First Aid Worker did not receive the health cards Pay the health cards and request 18 Health within the first 3 months of hiring. OFATMA to conduct the health checks. Jun-23 Occupational Safety and Health Services and First Aid No evidence of medical checks for workers Conduct the health checks twice a 18 Health exposed to work-related hazards were year. present in worker's files Jun-23 Occupational Safety and Health Services and First Aid No evidence of annual medical checks were Pay the health cards and request 18 Health present in worker's files. OFATMA to conduct the health checks. Jun-23 Occupational Safety and Health Services and First Aid The factory does not have onsite medical Set up a clinic approved by the 18 Health facilities and staff as required by art. 478 Authorities or Hire the required and 479 of the labor code. medical staff. Jun-23 Occupational Safety and Health Services and First Aid First aid box was. In addition, the inventory Equip first aid box and define 18 Health list in not accurate. responsibility for refilling. [page 76] Jun-23 Occupational Safety and Health Services and First Aid Less than 10% of workers trained in first aid. Provide additional training on first aid 18 Health to workers. Jun-23 Working Time Leave Pregnant workers do not go on leave 6 Develop a procedure for materity 18 weeks before giving birth, as required by the leave and send pregnant workers on labor code. leave 6 weeks before giving birth. Jun-23 Occupational Safety and OSH Management Systems The factory did not conduct a general OSH Create a daily, weekly or a monthly 18 Health assessment monthly. checklist. Assign someone to conduct the monthlv inspection: Jun-23 Occupational Safety and OSH Management Systems Management has not ensured effective Ensured effective functioning of the 18 Health functioning of the OSH committee. OSH committee. Jun-23 Occupational Safety and OSH Management Systems The employer has not Train and post the names of OSH 18 Health Trained all joint OSH committee members committee members. and posted the names of OSH committee members. Jun-23 Occupational Safety and OSH Management Systems Management does not regularly review the Hold a meeting with top management 18 Health effectiveness of management system. to develop OSH measurable objectives and targets. Jun-23 Occupational Safety and OSH Management Systems The employer does not have an adequate Develop an accident investigation 18 Health accident investigation procedure procedure that includes: root cause analysis, focus on sustainable solutions and implementation of changes in order to avoid reoccurrence Jun-23 Occupational Safety and OSH Management Systems The risk procedure does not include all the include a risk register that drives the 18 Health necessary elements. implementation of controls. Jun-23 Compensation Paid Leave The factory only paid 6 weeks of maternity Register workers to OFATMA 18 leave where workers are entitled to 12 weeks maternity and health insurance. of payment. Jun-23 Working Time Regular Hours Worker's interview revealed that some Develop a procedure regarding The factory has informed 18 workers with apparent pregnancy are not additional breaks for pregnant workers all pregnant women of their allowed additional breaks. and inform the workers of their rights. right and also provide the additional breaks. Jun-23 Compensation Social Security and Other Benefits The factory has paid OFATMA for Work Pay OFATMA work related accident on 18 Related Accident Insurance late and did not time. provide any proof of agreement with OFATMA. [page 77] Jun-23 Compensation Social Security and Other Benefits The employer collects and forward the Calculate ONA deduction on Workers' 18 workers’ contribution to ONA late. basic salary Furthermore the calculation is made onthe Forward workers contribution to ONA minimum salary. within the first 10 business days of the next month for the previous month Jun-23 Social Security and Other Benefits The factory is not registered with OFATMA Register with OFATMA for maternity for Maternity and Health Insurance. The and health insurance employer does not pay 3% of workers’ basic salary to OFATMA for Maternity and Health Insurance. Jun-23 Compensation Social Security and Other Benefits The employer pays the employer's Calculate ONA deduction on Workers' 18 contribution to ONA late. Furthermore the basic salary calculation is made on the minimum salary. Forward employers' contribution to ONA within the first 10 business days of the next month for the previous month Jun-23 Compensation Social Security and Other Benefits The factory does not collect and forward Collect and forward workers and workers contribution to OFATMA for employers’ contribution to OFATMA Maternity and Health Insurance. The factory within the first 10 business days of the is not registered with OFATMA next month for the nrevious month Jun-23 Compensation Social Security and Other Benefits Management interview revealed that Register with OFATMA and send workers’ pay slips for the last 3 months are workers’ pay slip for sick leave and not sent to OFATMA for payment of sick maternity leave. and maternity leave. The factory makes the payments Jun-23 Occupational Safety and Welfare Facilities Insufficient number of toilets for men and Increase the number of toilets 18 Health women according to the law. Jun-23 Occupational Safety and Welfare Facilities The water test is not conducted on a Conduct the water test monthly. The water test is conducted 18 Health monthly basis by a certified laboratory. monthly. Jun-23 Occupational Safety and Welfare Facilities The eating areas do not have the capacity to Provide an eating Area that can Health accommodate all workers: accommodate all the workers Jun-23 Occupational Safety and Worker Protection The employer did not provide all required Provide PPE in accordance with the 18 Health PPES. company regulation. Develop a monitoring plan. [page 78] Jun-23 Occupational Safety and Worker Protection No evidence of training was available during Develop an OSH training plan. Train Health the assessment. workers on occupational safety and health and keep records of the training. Jun-23 Occupational Safety and Worker Protection 100% of single needle and double needle Install the machine guards in Health machine are missing finger guards, accordance with the company regulation. Jun-23 Occupational Safety and Worker Protection During the factory tour assessors observe Provide chairs with backrest to Health several chairs missing back rest. workers. Jun-23 Occupational Safety and Working Environment The temperature exceed the recommended Increase the ventilation with additional 18 Health limit of 30 c in Pressing and cutting section. fans. Jun-23 Occupational Safety and Working Environment Lux level is insufficient. Increase the lux level with additional 18 Health light in Pressing , sewing and packing section Jun-23 Occupational Safety and Working Environment The workplace is not clean. Residue of raw Hire additional cleaners and 18 Health material was found scattered in several area clean more regularly the workplace. ofthe workspace. Assessment May 2022 May-22 Occupational Safety and OSH Management Systems The factory does not have a hazard/risk Develop a hazard/risk management 18 Health management and control procedure. and control procedure that includes:- A systematic approach to identifying hazards. May-22 Occupational Safety and OSH Management Systems The factory does not have an adequate Develop an emergency preparedness 18 Health emergency preparedness procedure procedure that includes: Reporting fires and other emergencies Alerting all employees to evacuate. May-22 Occupational Safety and OSH Management Systems The employer does not have an accident Develop an accident investigation 18 Health investigation procedure. procedure that include Root cause analysis and focus on sustainable solutions. May-22 Occupational Safety and OSH Management Systems Management did not show evidence of Keep records of Regular management 18 Health Regular management review of effectiveness _ review including performance on of management system including measurable objectives and targets performance on measurable objectives and targets [page 79] May-22 Occupational Safety and OSH Management Systems The employer has not trained all joint OSH Provide training to all joint OSH 18 Health committee members. Posted the names of committee members, post policies OSH committee members. and work instructions around the workplace and the names of OSH committee members. May-22 Occupational Safety and OSH Management Systems Management has not define authority for Define authority for OSH officer and 18 Health OSH officer and top management to top management to perform OSH perform OSH responsibilities. responsibilities- Appoint an OSH officer with sufficient expertise May-22 Contracts and Human Employment Contracts The grievance handling and dispute include the following: Ensuring 18 Resources resolution procedure does not ensure anonymity and non-retaliation, fair anonymity and retaliation, fair review, review, communication of changes communication of changes made or made or resolution and an appeal resolution and an appeal process. process. May-22 Contracts and Human Employment Contracts The termination procedure does not include Include the time frame between 18 Resources the time frame between warnings and warnings and payments in the payments, the right to defend oneself prior procedure. to termination and to representation during the disciplinary process. May-22 Contracts and Human Employment Contracts The employer did not take action to Identify HR KPI, defined the goals 18 Resources investigate violations of HR policies and related to each KPI and have in place procedures, identify weaknesses and make a monitoring systems and action plan. necessary adjustments to prevent recurrence. May-22 Contracts and Human Employment Contracts The factory has not posted internal - Post internal regulations and policies. The policies will be 18 Resources regulations neither policies. Then trained published. staff on how to carry out policies and - Trained staff on how to carry out procedures. policies and procedures. May-22 Contracts and Human Employment Contracts The factory does not have an HR policy as Develop an HR policy that include 18 Resources part of its internal policy. minimum age, Non-utilization of child labor- Equal treatment and non- discrimination- Prevention of sexual harasement May-22 Working Time Leave The factory provides 12 weeks of maternity Ensure that pregnant workers go on 18 leave to pregnant workers. However, they leave 6 weeks before giving birth. did not comply with the Labor Code because pregnant workers do not go on leave 6 weeks before giving birth. [page 80] May-22 Working Time Regular Hours Worker's interview revealed that some Provide additional breaks to pregnant 18 workers with apparent pregnancy are not women. allowed additional breaks. Inform workers of their rights. May-22 Working Time Regular Hours The regular working hours are from 6:30 AM Revise the internal regulations and 18 to 4:30 PM including a 1 hour daily break, 5 make sure that the regular hours do days a week, which is equivalent to 10 hours … not exceed 48 hours per week per day and 50 hours per week May-22 Occupational Safety and Emergency Preparedness Less than 10 percent of workers were trained Provide additional training on fire 18 Health in fire-fighting equipment. fighting equipment Have a system in place to monitor trained workers May-22 Occupational Safety and Emergency Preparedness Workers are not aware of the risk and even Inform workers about workplace The layout of the floor was 18 Health though the factory conducted fire drill, the hazards changed and more main workers explained that in case of emergency corridors were placed itis practically impossible to leave the workspace because the floor is obstructed. May-22 Occupational Safety and Emergency Preparedness The assessors observed rechargeable light Provide training to workers on A warning is being given to 18 Health bulbs wrap with fabric in packing section electrical Hazards. the employees who are which represents a fire hazards. Display poster on Fire hazards. placing this type of object May-22 Occupational Safety and Emergency Preparedness The last fire drill was conducted in Conduct at least one emergency drill The last fire Drill has been 18 Health December 2021, and the one before that in every 6 months including full conducted in March 2023. June 2020. Better Work recommends an evacuation of the workforce and keep The one before that was emergency drill every 6 months records of the dhrill conducted in September 2022. May-22 Occupational Safety and Emergency Preparedness Assessors observed that 90 percent of aisles Discuss with the General Manager and 18 Health are obstructed by boxes and sewing rearrange the sewing floor. machines. May-22 Occupational Safety and Emergency Preparedness The evacuation plan did not reflect the Review and update the evacuation The update of the 18 Health actual layout of the floor. Management said plan evacuation map was they will make some changes on the floor carried out immediately and update the evacuation plan. and posted on the floor. May-22 Occupational Safety and Emergency Preparedness The assessors observed that 1 fire Mark on the floor area that should not 18 Health extinguisher in receiving and cutting area be obstructed and remind supervisors was not accessible. In addition, several fire about their responsibility to enforce extinguishers were not identified in sewing OSH in their area. section. [page 81] May-22 Occupational Safety and Health Services and First Aid The total number of workers trained in first Provide additional training on first aid 18 Health aid is less 10 percent of the workforce as Have a system in place to monitor recommended by Better Work. trained workers May-22 Occupational Safety and Health Services and First Aid Insufficient medical staff. Hire the medical staff according tothe The factory does not have 18 Health current workforce as required by law. medical facilities but the codevi park does because allthe plants report to the codevi administration May-22 Occupational Safety and Health Services and First Aid No evidence of annual medical checks were Provide health checks once a year at 18 Health present in worker's files. Worker interviews not cost. across the factory also confirmed such medical checks were not performed. May-22 Occupational Safety and Health Services and First Aid No evidence of medical checks for workers Provide health checks twice a year at 18 Health exposed to work-related hazards were not cost for the workers. present in worker's files. May-22 Occupational Safety and Health Services and First Aid Worker interviews across the factory Pay OFATMA work related accident Payments are made by 18 Health confirmed they did not receive the health and request the health cards from instalments to OFATMA for cards within the first 3 months of hiring. OFATMA within the first 3 months of work related accidents. hiring, May-22 Occupational Safety and Welfare Facilities The employer does not have its own eating Provide an eating Area that can 18 Health area, instead workers use the communal accommodate all the workers. eating areas shared with other factories within CODEVI (industrial park). May-22 Occupational Safety and Welfare Facilities Employer provide free water to the workers. Conduct the water test monthly. The water test is conducted 18 Health However, the water test is not conducted on monthly by a certified a monthly basis by a certified laboratory. laboratory. May-22 Occupational Safety and Welfare Facilities Insufficient number of toilets. Increase the number of toilets 18 Health according to the law. May-22 Occupational Safety and Working Environment Lux level is insufficient in the workplace. Increase the lux level with additional Additional lighting has 18 Health light. Specify who is in charge of been added. regular maintenance of the lights and conduct regular measurement of temperature & compare with threshold value. [page 82] May-22 Occupational Safety and Working Environment Temperature level exceed 30 C in the Increase the ventilation with additional additional fans have been 18 Health workplace. fans. Specify who is in charge of added. regular maintenance of the fans and conduct regular measurement of temperature & compare with threshold value. May-22 Occupational Safety and Worker Protection The assessors observed several chairs Provide chairs with backrest to 18 Health without backrest in fusing section and workers. sewing floor. May-22 Occupational Safety and Worker Protection During the assessment visit, the assessors Check the body temperature of all This procedure is not 18 Health noticed that the factory did not check the workers as well as visitors’. followed at the factory. body temperature of all workers as well as visitors’. May-22 Occupational Safety and Worker Protection During the assessment visit, assessors Install the guards in accordance with A daily checklist has been 18 Health noticed more than 75 percent of sewing the company regulation. created machines were missing finger guards, eye guards, belt guards and pulley guards. May-22 Occupational Safety and Worker Protection Management did not provide evidence of Train workers on occupational safety 18 Health OSH training conducted for workers. and health and keep records of the training. May-22 Occupational Safety and Worker Protection The employer did not provide all necessary Provide PPE in accordance with the Safety belt has been 18 Health PPE. company regulation and develop a provided and a checklist monitoring plan. has been implemented for the monitoring. May-22 Occupational Safety and Chemicals and Hazardous Substances Eye wash station was not available in Provide eye washing station or eye 18 Health inspection and training section where wash bottles. Specify who will conduct chemicals are used. regular checks of the functioning of the eyewash (and include this in the system of daily-weekly checks). May-22 Occupational Safety and Chemicals and Hazardous Substances Workers were not trained in using chemical Provide training to workers on 18 Health and hazardous substances. chemical management. May-22 Occupational Safety and Chemicals and Hazardous Substances The employer did not take any action to Improve isolation from the chemical 18 Health limit the exposure of employees to chemical (e.g. separate room for spot cleaning). vapors. Limit access of other workers to the chemical workplace. [page 83] May-22 Occupational Safety and Chemicals and Hazardous Substances MSDS were not available for all chemicals Keep chemical MSDS for all hazardous A chemical MSDS folder 18 Health used in the workplace. chemicals used in the workplace. has been created. Specify who is in charge of receiving MSDS from supplier / Verify the MSDS has the needed elements. May-22 Occupational Safety and Chemicals and Hazardous Substances Assessors found unlabeled containers of Define who control the chemical 18 Health thinner in inspection and training section. container on receipt from supplier and control the label. Define who is entitled to pour chemicals in other recipients and label them. May-22 Occupational Safety and Chemicals and Hazardous Substances The chemical inventory was incomplete Assign responsible persons for Assignation of 18 Health updating inventories of hazardous responsibilities are made. substances in the various locations where they are stored or used. May-22 Occupational Safety and OSH Management Systems The factory did not conduct a general OSH Create a daily, weekly or a monthly 18 Health assessment monthly. checklist. Assign someone to conduct the monthly inspection. May-22 Contracts and Human Termination The employers pays workers their annual Discuss legal requirements with the 18 Resources salary supplement upon termination General Manager and Pay the lunch However, the calculation of the average daily break. salary does not include the lunch break payment. May-22 Contracts and Human Termination The employer compensates workers for Discuss legal requirements with the 18 Resources unused paid annual leave upon termination. General Manager and Pay the lunch However, the calculation of the average daily break. salary does not include the lunch break navment May-22 Contracts and Human Termination The employer provides the payment forthe Discuss legal requirements with the 18 Resources applicable notice period. However, the General Manager and Pay the lunch calculation of the average earning does not break. include the lunch break payment. Include the lunch brake payment in the calculation of average earning for the applicable notice period May-22 Contracts and Human Employment Contracts The factory does not have an internal work Translate the internal work rules in The work regulations were 18 Resources rules approved by the Ministry of Labor. local language and submit it to the sent to the Haitian ministry of labor for proper government to be authorization. validated. [page 84] May-22 Contracts and Human Employment Contracts The contract does not comply with the labor … Ensure that foreign workers contract 18 Resources code. The employment contract for are signed by both parties and it Dominican workers is not signed by both complies with the Haitian labor code. parties. In addition the hours of work is different from the regular hours of the factory. May-22 Compensation Social Security and Other Benefits The factory is registered with OFATMA for Discuss legal requirements with the 18 maternity and health insurance. However, General Manager and Pay the lunch the factory does not collect and forward break. workers’ contribution to OFATMA.. Collect and forward the employee's and employers contribution to OFATMA on time, within the first 10 working days of each month for the previous month. May-22 Compensation Social Security and Other Benefits The employer collects but does not forward Discuss legal requirements with the 18 workers’ and employers’ contribution to General Manager and Pay the lunch ONA on time. In addition, workers’ and break. employer's contribution to ONA is calculated Submit ONA payments on time, on the minimum wage and does not include within the first 10 working days of each the lunch break payment. month for the previous month. May-22 Compensation Social Security and Other Benefits Management interview revealed that Send workers’ pay slips to OFATMA on 18 workers’ pay slips for the last 3 months are a monthly basis for sick leave and not sent to OFATMA for payment of sick maternity leave payment. and maternity leave. The factory makes the payments. May-22 Compensation Social Security and Other Benefits Documentation as well as workers and Discuss legal requirements with the 18 management interviews revealed that General Manager and Pay the lunch workers are entitled to full payment of break annual salary supplement. However, the itis in process the codevi park has not calculation for the bonus payment does not approved it include the lunch break payment. May-22 Compensation Social Security and Other Benefits The factory is affiliated with OFATMA for Discuss legal requirements with the 18 work related accident and the factory has General Manager and Pay the lunch paid the fiscal year 2020-2021. However, the break. Include the lunch break salary statement sent to OFATMA does not payment, bonus, extra and liquidation include the lunch break payment, bonus, in the salary statement sent to extra, and liquidation. OFATMA. Pay OFATMA work related accident for the fiscal year 2021-2022 [page 85] May-22 Compensation Paid Leave Payment for annual leave. Discuss legal requirements with the 18 General Manager and Pay the lunch break. May-22 Compensation Paid Leave Documentation reviews and workers’ Discuss legal requirements with the 18 interviews revealed that workers are entitled General Manager and Pay the lunch to 1 hour lunch break. However, the lunch break. breaks is not compensated in the payroll. May-22 Compensation Paid Leave The factory only paid 6 weeks of maternity _ Discuss legal requirements with the 18 leave where workers are entitled to 12 weeks General Manager and Pay the lunch of payment when the factory is registered break with OFATMA for maternity and health insurance, according to the labor code. In addition, the calculation does not include the lunch break payment. May-22 Compensation Paid Leave Sick leave payments are based on average Discuss legal requirements with the 18 daily earnings. However, the calculation does General Manager and Pay the lunch not include the lunch break payment. break. May-22 Compensation Paid Leave Documentation review revealed that Discuss legal requirements with the 18 payment for annual leave, Sick leave, General Manager and Pay the lunch maternity leave and the daily break are not break accurate. [page 86] BETTER WORK HAITI - 26TH SYNTHESIS REPORT Factory: BrandM Apparel Haiti - AI 3102 Location: Ouanaminthe Number of workers: 1,353 Date of registration: May-19 Date of last two Better Apr-22 May-23 Work assessments: Advisory and Training Services 14-Jun-23 Training Advance Bipartite training 2-Jun-23 Advisory meeting Advisory summary session:- To review the exit meeting from the last assessment with the bipartite committee and follow-up on the improvement the factory has already done.- Conducted a factory tour with the factory compliance officer, the HR manager, and the 21-Apr-23 Bipartite Committee Advisory summary session: TT CT ‘ ‘ co Meeting - OSH assessment tour with the factory compliance officer to approve non-compliance fixed by the factory and to advise on the ones found during the tour - À training session on chemical management system was conducted - Reviewed several documents to identify the improvement made by the factory Meeting Bipartite committee - To monitor the Implementation of OFATMA£T"s maternity and Health insurance. - To discuss about the factory retrenchment process - To discuss about ONA loan and the letter the Prime Minister send to Better Work about the 3*8 law. 21-Apr-23 Training Respectful Workplace Program 21-Apr-23 Training Chemical Management System 21-Apr-23 Advisory meeting Advisory summary session: - OSH assessment tour with the factory compliance officer to approve non-compliance fixed by the factory and to advise on the ones found during the tour - À training session on chemical management system was conducted - Reviewed several documents to identify the improvement made by the factory Meeting Bipartite committee - To monitor the Implementation of OFATMA£T"s maternity and Health insurance. - To discuss about the factory retrenchment process - To discuss about ONA loan and the letter the Prime Minister send to Better Work about the 3*8 law. T-Apr-23 Training PNCs & Management System 9-Feb-23 Training Workplace Cooperation & 2-Feb-23 Bipartite Committee Advisory summary session: Meeting - OSH assessment tour with the factory compliance officer - Reviewed several documents to identify the improvement made by the factory - | completed the purchasing practices survey with the factory management. - | Conducted two of training sessions during the visit, Meeting Bipartite committee - To monitor the Implementation of OFATMA£T"s maternity and Health insurance. - To get an update on the factory situation. 2-Feb-23 Training Basic Rights and [page 87] 2-Feb-23 Advisory meeting Advisory summary session - OSH assessment tour with the factory compliance officer - Reviewed several documents to identify the improvement made by the factory - |completed the purchasing practices survey with the factory management. - | Conducted one of training sessions during the visit, Meeting Bipartite committee: - To monitor the Implementation of OFATMA£T"s maternity and Health insurance. - To get an update on the factory situation. 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. - À plant to identify the committee members. Finally, Meeting with the compliance team to work on the Better Work portal mainly on the management system. 31-Aug-22 Training Supervisory Skills (SST) 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 ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment May 2023 May-23 Occupational Safety OSH Management Systems The OSH policy signed by senior Update and adjust the OSH policy The factory fix the issue with 15 and Health management does not meet all the and procedures. the OSH policy. requirements. May-23 Occupational Safety OSH Management Systems The factory does not have a Update and adjust hazard/risk 15 and Health hazard/risk management and management and control control procedure that includes all procedures. the requirements. [page 88] May-23 Occupational Safety OSH Management Systems The factory's accident investigation Update and adjust the accident 7 and Health procedure does not have all the investigation procedure. necessary steps. May-23 Occupational Safety OSH Management Systems The employer has failed to Ensure that all OSH issues are 15 and Health investigate, monitor and measure investigated, monitored and OSH issues as required. measured accurately. May-23 Occupational Safety OSH Management Systems The factory does not adequately Ensure that training are provided 15 and Health communicate and implement OSH to all relevant staff. policies and procedures. May-23 Occupational Safety OSH Management Systems The employer does not adequately Ensure that the factory conduct 15 and Health assigns accountability for health and the joint OSH Committee safety to OSH Officers and HR meetings to address OSH issues. manager. May-23 Contracts and Human Employment Contracts The factory does not have a Update and adjust the grievance 15 Resources grievance handling and dispute policies and procedures. resolution procedure that meets all the requirements. May-23 Contracts and Human Employment Contracts The factory currently applies Codie's Update and adjust disciplinary and The factory update the HR 15 Resources disciplinary and termination termination procedures. Procedure and add disciplinary procedures, which does not include and termination procedures in all the steps. it. May-23 Contracts and Human Employment Contracts The factory does not fully Ensure that all parameters are 15 Resources investigates performance of HR. reviewed during the HR review. May-23 Contracts and Human Employment Contracts The factory does not adequately Ensure that all the steps are in 15 Resources communicate and implement HR place in the factory. policies and procedures. May-23 Contracts and Human Employment Contracts The factory's HR policy does not Make sure the HR policy is sign by The HR policy is signed by top 7 Resources include all the necessary elements. the top management of the management. factory. May-23 Working Time Leave Pregnant workers do not go home Ensure that pregnant workers are 7 6 weeks before giving birth. going home 6 weeks before giving birth. May-23 Occupational Safety Emergency Preparedness Improper control of electrical issues. 1. Make sure the source ofignition The factory fix the source of 7 and Health problem is fix. ignition problem. [page 89] May-23 Occupational Safety Emergency Preparedness Unmarked escape routes, on the Ensure that the escape routes in 46 and Health factory floor. the component area are clearly marked May-23 Occupational Safety Emergency Preparedness Fire extinguishers are not properly Provide adequate firefighting The factory replaced the fire 46 and Health maintained equipment and Ensure regular extinguishers with low pressure. maintenance is done May-23 Occupational Safety Emergency Preparedness Alarm has not been installed in the The factory needs to install fire The factory install a fire alarm 46 and Health component area. detection system in all areas ofthe system in the component area workplace. May-23 Occupational Safety Health Services and First One first aid box is not identified The factory needs to designate a The factory identified the first 27 and Health Aid and one contain expired products. person to monitor all first aid aid box, removed the expired boxes. product and replace by à new one. May-23 Occupational Safety Health Services and First The factory does not have an onsite Ensure that the free zone or the 46 and Health Aid medical facilities and staff as factory has adequate medical required by labor code. facilities May-23 Occupational Safety Health Services and First Free health checks was not provided Provide health checks to workers The factory has completed the 46 and Health Aid to workers exposed to work-related exposed to work-related hazards payment for the CDS which hazards. at least twice a year. entitled the workers to received health checks from OFATMA. May-23 Occupational Safety Welfare Facilities Insufficient number of Toilets. Increase the number of toilets. 43 and Health May-23 Occupational Safety Working Environment The sewing floor was not clean and Ensure that the workplace is The factory clean all the 19 and Health tidy.; always clean and tidy. workplace. May-23 Occupational Safety Working Environment light levels were inappropriate in Ensure the lighting is adequate and 27 and Health some working sections. adapted to worker's needs. May-23 Occupational Safety Working Environment Workplace temperatures levels are Monitor the temperature level and 46 and Health unacceptable. maintain it under 30 C inside the workplace. May-23 Occupational Safety Worker Protection Several chair without backrests in Provide chairs with backrest to The factory replaced the chairs 46 and Health the sewing areas and standing mats workers. without backrest were not available to all workers. May-23 Occupational Safety Worker Protection Improper maintenance of electrical Ensure that all circuit breakers are The factory labelled all circuit 27 and Health system of the factory. labelled. breakers May-23 Occupational Safety Worker Protection Single needle Sewing machines were Install the proper safety guards on 46 and Health missing finger guards. all machines. [page 90] May-23 Occupational Safety Worker Protection The factory did not provide Provide proper PPE to all workers 46 and Health appropriate PPE to all workers. using chemical products. May-23 Occupational Safety Chemicals and Hazardous Eye wash station is not available in The factory needs to install The factory added the Eye 46 and Health Substances the mechanic workshop, eyewash station in all areas where wash where chemicals are used chemical products are used. in the mechanic workshop May-23 Occupational Safety Chemicals and Hazardous The factory does not have The factory needs to have an 46 and Health Substances appropriate spot cleaning area. isolated area for the spot cleaning and ensure that the machine are working properly. They also need to provide PPE for all workers in the section. May-23 Occupational Safety Chemicals and Hazardous MSDSs are not available in local Translate MSDS in the local The factory added all the 46 and Health Substances language for all chemicals used in language and post them where missing MSDS the workplace. chemical products are used. May-23 Occupational Safety Chemicals and Hazardous Chemical and hazardous Label all chemicals and hazardous The factory remove the 2 46 and Health Substances substances are not properly labelled. substances used in the workplace. unlabeled containers May-23 Occupational Safety Chemicals and Hazardous Inventory of chemicals and Update inventory of chemicals and Chemical inventory is updated 27 and Health Substances hazardous substances is not hazardous substances in the all chemical are mentioned on updated. workplace. it with all necessaries information. May-23 Occupational Safety OSH Management Systems Workers are not informed and they Perform the general occupational The compliance manager is 7 and Health do not participate the OSH self- safety and health self-assessment doing the OSH self-assessment assessment. With the OSH committee in place in collaboration with OSH in the factory. bipartite committee May-23 Contracts and Human Employment Contracts The factory does not have an Send the factory internal work The factory has an internal 46 Resources internal work rules approved by the rules to MAST for approval. work rules approved by MAST Ministry of Labor. on August 16, 2023. May-23 Compensation Social Security and Other The factory did not send workers Send workers pay slip to OFATMA 7 Benefits pay slip to OFATMA for sick leave for sick leave and maternity leave and maternity leave payment. payment. May-23 Compensation Social Security and Other The factory does not collect and Collect and forward workers 46 Benefits forward workers contribution to contribution to OFATMA maternity OFATMA and health insurance on the basic salary. [page 91] May-23 Compensation Social Security and Other The calculation of employer's Calculate ONA contributions on The factory pay employer's 46 Benefits contribution for ONA payment is the basic salary, and forward it on contribution to ONA on time. inaccurate and payments are made time. late consistently. May-23 Compensation Social Security and Other The Factory does not forward Forward employer's contribution 46 Benefits employers contribution to OFATMA. to OFATMA maternity and health insurance on the basic salary. May-23 Compensation Social Security and Other The calculation of workers’ Calculate ONA contributions on The factory pay worker's 46 Benefits contribution for ONA payment is the basic salary, and forward it on contribution to ONA on time. inaccurate and payments are made time. late consistently. May-23 Compensation Social Security and Other Inaccurate payments for OFATMA Keep records of the salary 46 Benefits accident insurance. statement sent to OFATMA May-23 Compensation Paid Leave The lunch break is not compensated Pay the lunch break. The June 13 decree suspends 46 in the payroll. the 38 law. The payment of the lunch break is no longer reauired May-23 Compensation Paid Leave Inaccurate payment for maternity Calculate the maternity leave 46 leave. payment on worker's average daily earnings. May-23 Compensation Paid Leave Inaccurate sick leave payment. Pay sick leave based on average 46 earnings. May-23 Freedom of Association Collective Bargaining Violation of the CBA. Review the CBA and implement all 7 and Collective articles as stated in the document. Bargaining Assessment April 2022 Apr-22 Occupational Safety OSH Management Systems The OSH policy signed by senior Update and adjust OSH policy and 8 and Health management does not meet allthe procedures. requirements. Apr-22 Occupational Safety OSH Management Systems The factory does not have a Update and adjust hazard/risk 8 and Health hazard/risk management and management and control control procedure that includes all procedures. the requirements. Apr-22 Occupational Safety OSH Management Systems The employer has failed to Ensure that all OSH issues are 8 and Health investigate, monitor and measure investigated, monitored and OSH issues as required. measured accurately. [page 92] Apr-22 Occupational Safety OSH Management Systems The factory does not adequately Ensure that training are provided 8 and Health communicate and implement OSH to all relevant staff policies and procedures. Apr-22 Occupational Safety OSH Management Systems The structural safety certificate was Assess the buildings to ensure they The factory provided a 8 and Health not available. meet the safety requirements for structural safety certificate, an industrial structure. certifying that the buildings” structure meets the safety requirements for an industrial structure. Apr-22 Occupational Safety OSH Management Systems The factory does not record and Record and submit work related 39 and Health submit work-related accidents to accidents to OFATMA on a OFATMA on a monthly basis. monthly basis. Apr-22 Occupational Safety OSH Management Systems The factory provided only evidence Conduct and keep records of the 12 and Health of 6 OSH assessment reports for the assessment result on a monthly last 12 months. basis. Apr-22 Occupational Safety OSH Management Systems The employer does not adequately Ensure that the factory conduct 8 and Health assigns accountability for health and the joint OSH Committee safety to OSH Officers and HR meetings to address OSH issues. Director Apr-22 Contracts and Human Employment Contracts The factory does not have a Update and adjust the grievance 8 Resources grievance handling and dispute policies and procedures. resolution procedure that meets all the requirements. Apr-22 Contracts and Human Employment Contracts The factory does not have an Develop and internal work rules 39 Resources internal work rules approved by the and send it to MAST for approval. Ministry of Labor. Apr-22 Contracts and Human Employment Contracts Apprentice contracts were not Request approval from MAST for 39 Resources approved as legally mandated. the apprentice contracts. Apr-22 Contracts and Human Employment Contracts The factory currently applies Update and adjust disciplinary and 8 Resources CODEV/'s disciplinary and termination procedures. termination procedures, which does not include all the steps. Apr-22 Contracts and Human Employment Contracts The factory does not fully Ensure that all parameters are 8 Resources investigates performance of HR. reviewed during the HR review. [page 93] Apr-22 Contracts and Human Employment Contracts The factory does not adequately Ensure that all the steps are in 8 Resources communicate and implement HR place in the factory. policies and procedures. Apr-22 Working Time Regular Hours Regular working hours did not meet Modify the internal work rules and 8 legal requirements. ensure the regular working hours do not exceed 48 hours per week. Apr-22 Working Time Regular Hours Factory did not give two break of 30 Provide additional breaks to 39 minutes to pregnant workers. pregnant women. Apr-22 Working Time Leave Inaccurate maternity leave given to The factory needs to complete the 20 pregnant workers. registration for OFATMA maternity and health insurance and ensure that workers are given 12 weeks of paid maternity leave. Apr-22 Occupational Safety Emergency Preparedness Obstructed aisles in several sections Keep routes unobstructed during 20 and Health of the workspace. working hours. Apr-22 Occupational Safety Emergency Preparedness Fire fighting training was not The factory needs a certified The factory has trained 30 39 and Health provided by a certified company or company or trainer to provide fire additional workers in the use of trainer. fighting training to at least 10 fire fighting by a certified percent of the staff. company. Apr-22 Occupational Safety Emergency Preparedness Unmarked escape routes, missing All escape routes should be clearly 39 and Health and outdated evacuation plan. marked. The evacuation maps should be redone and posted on the work floor and meeting point should be accessible. Apr-22 Occupational Safety Emergency Preparedness Fire extinguishers were not properly Provide adequate firefighting Factory inspected and added 39 and Health maintained and some areas were equipment and Ensure regular the missing tag on the forklift missing fire extinguishers. maintenance is done. fire extinguisher and fixed the issue with the one found on the floor nfthe AM 2 Apr-22 Occupational Safety Emergency Preparedness Smoke detectors and alarm have The factory should install fire 39 and Health not been installed in the trim detection system in all areas of the warehouse. workplace. Apr-22 Occupational Safety Health Services and First The factory does not have an onsite Ensure that the free zone or the 39 and Health Aid medical facilities and staff as factory has adequate medical required by labor code. facilities [page 94] Apr-22 Occupational Safety Health Services and First First aid training was not provided The factory needs a certified The factory has trained 30 39 and Health Aid by a certified company or trainer. company or trainer to provide first additional workers in first aid aid training to at least 10 percent of by a certified company. the staff. Apr-22 Occupational Safety Health Services and First Keys were not available on the floor The factory must designate a 20 and Health Aid for several boxes and one box person to monitor the keys and missing a supply. the inventory of the first aid boxes. Apr-22 Occupational Safety Health Services and First Free annual medical checks was not Arrange free annual medical 39 and Health Aid provided to workers. checks for all workers. Apr-22 Occupational Safety Health Services and First Free health checks was not provided Provide health checks to workers 39 and Health Aid to workers exposed to work-related exposed to work-related hazards hazards. at least twice à year. Apr-22 Occupational Safety Health Services and First Health checks was not provided to Provide health checks to workers 39 and Health Aid workers within the first three within the first three months of months of hiring. hiring. Apr-22 Occupational Safety Welfare Facilities Eating area is not adequate to The factory needs to find an 39 and Health accommodate the entire workforce. additional eating area to accommodate workers. Apr-22 Occupational Safety Welfare Facilities Soap was not available in all toilets Ensure that soap is available in all 12 and Health including at the entrance of the toilets and at the entrance of the premises. premises. Apr-22 Occupational Safety Welfare Facilities Insufficient number of Toilets. Increase the number of toilets. 36 and Health Apr-22 Occupational Safety Chemicals and Hazardous MSDSs are not available in local Translate MSDS in the local 39 and Health Substances language for all chemicals used in language and post them where the workplace. chemical products are used. Apr-22 Occupational Safety Chemicals and Hazardous Chemical and hazardous Label all chemicals and hazardous 39 and Health Substances substances are not properly labelled. substances used in the workplace. Apr-22 Occupational Safety Chemicals and Hazardous Inventory of chemicals and Update inventory of chemicals and The factory started 20 and Health Substances hazardous substances is not hazardous substances in the implementing a system of updated. workplace. inventory for chemicals and hazardous substances used in the workplace. [page 95] Apr-22 Occupational Safety Chemicals and Hazardous Eyewash stations are missing in two Install eyewash stations in all areas 39 and Health Substances areas of the workplace and another where chemical products are used. one is not working. Apr-22 Occupational Safety Chemicals and Hazardous The factory does not provide Provide chemical safety training to 39 and Health Substances training for supervisors using all workers that are using chemical chemicals in the spot cleaning area. products. Apr-22 Occupational Safety Chemicals and Hazardous The factory does not have The factory needs to have an 39 and Health Substances appropriate spot cleaning area. isolated area for the spot cleaning and ensure that the machine are working properly. They also need to provide PPE for all workers in the section. Apr-22 Occupational Safety Working Environment The workplace is not clean and tidy. keep the factory floors clean and The factory repaired the cooling 12 and Health tidy. Remove the water that is system in AM 2 making it slippery and keep it dry. Apr-22 Occupational Safety Working Environment light levels were inappropriate in Ensure the lighting is adequate and 20 and Health some working sections. adapted to worker's needs. Apr-22 Occupational Safety Working Environment Workplace temperatures levels are Monitor the temperature level and 39 and Health unacceptable. maintain it under 30 C inside the workplace. Apr-22 Occupational Safety Worker Protection The factory does not systematically Systematically check all body 12 and Health check body temperature upon entry. temperature upon entry and keep a registry for all persons who present a temperature of 38C and above. Apr-22 Occupational Safety Worker Protection Several chair without backrests in Provide chairs with backrest to all 39 and Health the sewing areas and standing mats workers, tables with footrest or were not available to all workers. shock absorbing mats to standing workers. Apr-22 Occupational Safety Worker Protection Improper maintenance of electrical Ensure that all electrical panel are 20 and Health system of the factory. properly maintained. Apr-22 Occupational Safety Worker Protection Sewing machines were missing Install the proper safety guards on 39 and Health pulley guards. all machines. [page 96] Apr-22 Occupational Safety Worker Protection The factory did not provide Provide proper PPE to all workers The factory provide PPE to 39 and Health appropriate PPE to all workers. using chemical products. some workers in the workplace. Apr-22 Compensation Social Security and Other The factory did not collect workers’ Collect workers’ contributions for The factory will organize an 39 Benefits contributions for OFATMA Maternity OFATMA Maternity and Health awareness day with OFATMA and Health insurance. The insurance on the average salary, to explain to the workers the calculation is inaccurate and include the lunch break payment process of starting with the payments are made late and forward it on time. contribution of the payment of consistently. maternity and health Apr-22 Compensation Social Security and Other The calculation for ONA payment is Calculate ONA contributions on 39 Benefits inaccurate and payments are made the average salary, include the late consistently. lunch break payment and forward it on time. Apr-22 Compensation Social Security and Other Inaccurate annual salary Calculate annual salary 20 Benefits supplement or bonus payments. supplement or bonus payment based on worker's average daily earnings. Apr-22 Compensation Social Security and Other Inaccurate payments for OFATMA Keep records of the salary The factory pays OFATMA the 39 Benefits accident insurance. statement sent to OFATMA Pay remaining balance for the fiscal OFATMA work related accident on year 2021-2022. time. Apr-22 Compensation Paid Leave The factory pays workers incorrectly The factory needs to pay all types 20 for all types of paid time leave. of leave based on worker's average daily earnings by including the Apr-22 Compensation Paid Leave The lunch break is not compensated Pay the daily lunch break 39 in the payroll. accurately to all workers. Apr-22 Compensation Paid Leave Inaccurate payment for maternity Calculate the maternity leave 39 leave. payment on worker's average daily earnings by including the lunch break payment. Apr-22 Compensation Paid Leave Inaccurate sick leave payment. Calculate sick leave on worker's 39 average daily earnings by including the lunch break payment. [page 97] Apr-22 Compensation Paid Leave Inaccurate annual leave payments. Calculate annual leave on worker's 20 daily average earnings by including the lunch break payment. [page 98] BETTER WORK HAITIAI - 26TH SYNTHESIS REPORT Factory: Centri Group S.A. Location: Arrondissement de Port-au-Prince Number of workers: 877 Date of registration Oct-18 Date of last two Better Mar-22 Mar-23 Work assessments: Advisory and Training Services 20-Jun-23 Advisory meeting To identify the root causes of the last assessment findings, review and validate the improvements made and met the OSH committee members to present the last assessment findings and remediations made by the factory 3-Mar-23 Advisory meeting To review improvement made by the factory and follow up on OSH and HR indicator. Document review such as social security payment. Provide guidance and checklist for the relocation of the factory in other buildings. 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. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment March 2023 Mar-23 Compensation Social Security and Other Benefits The factory did not provide any proof Assigned responsibility to send The factory has paid OFATMA 29 of payment made to OFATMA for the salary statement on time. Paid for the fiscal year 2022-2023 work-related accident insurance for the OFATMA work related accidents. fiscal year 2022-2023. Mar-23 Contract and HR Employment Contracts The internal work rules is not posted in Ensure that the internal work rules The internal work rules is posted 3 the workplace. is posted on the factory floor. in the workplace. Mar-23 Occupational Safety and OSH Management Systems The factory did not share any Ensure the factory has a structural The factory received the 16 Health structural safety certificate, certifying safety certificate report from a structural safety certificate from the structure of the building meetsthe certified company. SONAPI and it is available. safety requirements for an industrial structure. Mar-23 Occupational Safety and Chemicals and Hazardous Substances Chemical inventory is not accurate. Assign someone to update the A new inventory of chemicals is 16 Health chemical inventory. prepared by including the names of all chemicals and hazardous substances used in the workplace and the location where they are stored in the buildings. Mar-23 Occupational Safety and Chemicals and Hazardous Substances Chemical containers are not properly Define who control the chemical The factory prepared other labels 48 Health labelled container on receipt from supplier …_ indicating the classification, and control the label. hazards, and safety precautions. [page 99] Mar-23 Occupational Safety and Chemicals and Hazardous Substances Several hazardous chemicals were Ensure that all MSDS are posted The safety data sheets of the 48 Health found without chemical safety data where chemicals are used chemicals which weren't sheets. available are posted where the chemicals are used. Mar-23 Occupational Safety and Worker Protection Management has not provided all Provide employees with all PPE have been provided and 29 Health necessary PPES to workers. necessary personal protective training on PPE were conducted. clothing and equipment according to PPE regulation. Mar-23 Occupational Safety and Worker Protection All standing workers were not provided … Provide anti fatigue mats for Standing mats have been 3 Health with footrests or shock-absorbing standing workers provided to all standing workers mats. Mar-23 Occupational Safety and Working Environment Workplace temperature level exceed Increase the ventilation with 3 Health 30 C in all buildings.. additional fans. Mar-23 Occupational Safety and Working Environment Noise level exceeds a maximum of 90 Ensure that noise level is below 90 The noise level in each section is 3 Health dB for an 8-hour workday. dB less than 90 db. Mar-23 Occupational Safety and Working Environment The level of lighting in the workplace is Increase the light level to reach 16 Health unacceptable. 300 lux in Pressing section, 500 lux in Sewing, cutting, packing. 750 lux in trimming, Inspection section. Mar-23 Occupational Safety and Welfare Facilities Insufficient number of Toilets. Increase the number of toilet to 48 Health have at least one toilet for every 25 men and one toilet for every 15 women Mar-23 Occupational Safety and Health Services and First Aid Management did not share evidence Discuss the legal requirements The factory paid the fiscal year 48 Health that medical checks were provided to with the General Manager. Pay the 2022 2023, the health card(CDS) workers within their first three months health cards. is included as required by law for of hiring. medical checks. Mar-23 Occupational Safety and Health Services and First Aid Management shared evidence that Discuss the legal requirements The factory paid the fiscal year 48 Health medical checks were provided once a with the General Manager. Ensure 2022 2023, the health card(CDS) year to workers exposed to work that workers exposed to work is included as required by law for related hazards. related hazards receive a medical medical checks. check at least twice a year. Mar-23 Occupational Safety and Health Services and First Aid Management did not share evidence Discuss the legal requirements The factory paid the fiscal year 48 Health that annual medical checks were with the General Manager 2022 2023, the health card(CDS) provided to the workers. Pay the health cards. is included as required by law for medical checks. [page 100] Mar-23 Occupational Safety and Health Services and First Aid Insufficient number of medical staff. Increase the number of nurses as An appropriate space has been 48 Health required by law. already built for the medical clinic in order to offer privacy. Mar-23 Occupational Safety and Health Services and First Aid First aids boxes did not have an The factory needs to assign Inventory lists are available in all 48 Health inventory sheet and they are missing responsibility and identified all the the first aid boxes. All the first aid the identification sign. first aid boxes. boxes are properly identified. Mar-23 Occupational Safety and Emergency Preparedness The alarm system is not functioning Install a functioning alarm The alarm system has been 16 Health systems repaired. Mar-23 Occupational Safety and Emergency Preparedness Obstructed and improper maintenance Ensure regular maintenance and People are designated to ensure 29 Health of fire extinguishers. specify who conducts regular that regular maintenance are checks to make sure that the conducted. equipment is in place and Mar-23 Occupational Safety and Emergency Preparedness Escape routes are not clearly marked. Mark the evacuation routes and The escape routes in both 29 Health Buildings are missing the evacuation post the evacuation plan for both building have been marked. The maps. buildings. evacuation maps are posted in both building. Mar-23 Occupational Safety and Emergency Preparedness During the factory tour, assessors Specify who conduct daily weekly Aisles are marked and an audio 48 Health observed that more than 90 percent checks and include this in the has been developed to raise aisles were obstructed. system of daily weekly checks. awareness. Mar-23 Occupational Safety and Emergency Preparedness Fire drills are not conducted every six Conduct an emergency drill every The last fire drill was conducted 29 Health months, as recommended. 6 months. in April, 2023.. The one before that was in October 2022. Mar-23 Working Time Regular Hours Inaccurate payroll. Ensure that the factory maintain a The attendance system has been 3 proper attendance records. adjusted. A verification is done Develop a procedure in case of before each payroll. systems failure. Assessment March 2022 Mar-22 Compensation Minimum Wages/Piece Rate Wages Workers are not compensated properly … Review and update the internal 9 when they are sent home early for not regulations. Pay the minimum achieving the required quota. wage to workers. Mar-22 Compensation Social Security and Other Benefits The factory did not send the salary Keep records of the invoice The factory has paid OFATMA 22 statement to OFATMA for work related received from OFATMA. Pay for the fiscal year 2021-2022 accident for the fiscal year 2021-2022 OFATMA work related accident on time. Mar-22 Occupational Safety and OSH Management Systems The factory did not share any evidence Keep records of the assessment The internal assessment is done 9 Health of assessments performed on general result on a monthly basis and records occupational safety and health. are shared with the advisor. [page 101] Mar-22 Occupational Safety and OSH Management Systems The factory did provide any structural Request a building safety A structural safety certificate has 9 Health safety certificate to assessors. certificate from the city. been provided by SONAPI Mar-22 Occupational Safety and Chemicals and Hazardous Substances The chemical product inventory was Review and update the chemical The procedure has been 9 Health not accurate. management procedure. reviewed and the factory Update the chemical inventory on management kept a daily a regular basis. inventory for each products in the workplace. Mar-22 Occupational Safety and Chemicals and Hazardous Substances Unlabeled containers of Diesel in the Provide additional training for Additional training are provided a Health workplace. workers and supervisors to workers and the daily checklist Review and update the internal has been reviewed audit procedure. Mar-22 Occupational Safety and Chemicals and Hazardous Substances MSDS are not available for all chemical Prepare and post MSDS where The MSDS have been translated a Health and hazardous substances used in the chemicals are used and stored. and posted. workplace. Mar-22 Occupational Safety and Chemicals and Hazardous Substances The spot cleaning area does not have Provide (better) exhaust 9 Health the proper conditions to prevent ventilation and relocate the spot Unnecessary exposure of workers to cleaning area chemicals. Mar-22 Occupational Safety and Worker Protection Management has not provided all Provide employees with all Someone is in charge of 22 Health necessary PPES to workers. necessary personal protective providing and renewing the clothing and equipment according PPES. All necessary protective to PPE regulation. clothing and equipment are provided to workers. Mar-22 Occupational Safety and Worker Protection Electrical installation was not properly Insulate the exposed electrical Training on electrical hazard has 22 Health maintained wires, train supervisors and been conducted. Responsibility workers about electrical hazards & has been assigned to the the need to report hazards for electrician. A maintenance plan reparation. has been developed and the weekly checks has been update Mar-22 Occupational Safety and Worker Protection The factory did not provide any Develop a training plan, then Training has been conducted for 9 Health training records an/or awareness provide training to workers on workers and posters are activities for the prevention of to COVID-19 displayed. Covid-19. Mar-22 Occupational Safety and Worker Protection The factory does not systematically Check all workers’ and visitors” The factory verify Workers and 26 Health check all workers’ and visitors’ body body temperature upon entry and_… visitor body temperature and temperature upon entry. keep a registry for all persons who records are kept present a temperature of 38C and above. Mar-22 Occupational Safety and Working Environment The light level is insufficient in the Increase the light level to reach The light level is increased in all © Health workplace. 300 lux in Pressing section, 500 section, the verification is done lux in Sewing, cutting, packing. weekly. 750 lux in trimming, Inspection section [page 102] Mar-22 Occupational Safety and Welfare Facilities Insufficient number of Toilets Increase the number of toilet to a Health have at least one toilet for every 25 men and one toilet for every 15 women Mar-22 Occupational Safety and Welfare Facilities Soap was not available in the toilets. Provide soap dispensers forthe Additional soap dispenser has 9 Health toilets. been installed. Responsibility has been assigned and the weekly checklist has been update. Mar-22 Occupational Safety and Health Services and First Aid Management did not share evidence Discuss the legal requirements a Health that medical checks were provided to with the General Manager. Pay the workers within their first three months health cards. of hirine. Mar-22 Occupational Safety and Health Services and First Aid Management shared evidence that Discuss the legal requirements 4 Health medical checks were provided once a with the General Manager. Ensure year to workers exposed to work that workers exposed to work related hazards. related hazards receive a medical check at least twice a year. Mar-22 Occupational Safety and Health Services and First Aid Management shared evidence that Discuss the legal requirements a Health annual medical checks were provided with the General Manager to 5 percent of the workers. Pay the health cards Mar-22 Occupational Safety and Health Services and First Aid Insufficient medical staff. Hire additional medical staff to a Health have at least 3 nurses for the current workforce. Mar-22 Occupational Safety and Health Services and First Aid All first aid boxes were empty. Equip the first aid boxes and The First aid boxes are properly 22 Health define responsibility for refilling equipped. Also, the factory made them assignation to refill and check the first aid boxes weekly. Mar-22 Occupational Safety and Health Services and First Aid The total number of workers trained in Include First Aid training in the 17.5 per cent of workers are 22 Health first aid is less 10 percent of the OSH training plan. trained. workforce as recommended by Better Ensure that at least 10 percent of Work. the workforce is trained in first aid. Mar-22 Occupational Safety and Emergency Preparedness The factory does not have a Specify who is in charge of À checklist has been developed 9 Health functioning alarm system: regularly checking the alarm and the alarm is working system and include this in the properly. system of daily-weekly checks. Mar-22 Occupational Safety and Emergency Preparedness Four fire extinguishers were missing Review and update the internal Responsibility has been 22 Health including the one on the forklift. audit procedure. 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 [page 103] Mar-22 Occupational Safety and Emergency Preparedness The escape routes are not clearly Update the evacuation map to 22 Health marked. The evacuation map needs to reflect the layout of the building. be updated. Then Paint evacuation arrows and signs on the factory floor. The meeting point need to be relocated Mar-22 Occupational Safety and Emergency Preparedness During the factory tour, assessors Provide more trainings to worker a Health observed that several aisles were and provide additional space for obstructed. storage. Mar-22 Occupational Safety and Emergency Preparedness The last fire drill was conducted in Conduct at least 2 emergency drill Three fire drill has been 22 Health March 2022, and the one before that, per calendar year. Insert the drills conducted and included in the in June 2021. in the OSH annual training plan. OSH annual training plan. Records of drills are kept. Mar-22 Occupational Safety and Emergency Preparedness The total number of workers trained in Include fire fightingtraininginthe Fire fighting training is included 22 Health fire-fighting is less 10 percent of the OSH training plan. in the OSH training plan. More workforce as recommended by Better Ensure that at least 10 percent of than 10 percent of workers are Work. the workforce is trained in first aid. trained. [page 104] BETTER WORK HAITI - 26TH SYNTHESIS REPORT . Factory: Caribbean Island Apparel Location: Port-au-Prince Number of workers: 2437 Date of registration: Aug-13 Date of last two Better Nov-21 Nov-22 Work assessments: Notes: Advisory and Training Services 25-Apr-23 Advisory meeting Review of improvement plan. Meeting with Bipartite committee member on current issues; temperature was one of the main concern 23-Mar-23 Advisory meeting Meeting to review Improvement plan. Discussions with Staff committee on the payment of annual leave of the calculation method. 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. O04-Aug-22 Advisory meeting Virtual meeting with management on the improvement plan. Review of the last PICC meeting and follow ups. 31-May-22 Training Virtual Financial Literacy 25-Oct-21 Advisory meeting Discussion with management on ONA and OFATMA payment status. Discussion was also on the impact of fuel shortage on factory ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment November 2022 Nov-22 Occupational Safety and OSH Management Management has not Assign clear responsibilities to 7 Health Systems properly defined authority for the OSH officer and top OSH officer and the top management through regular management. job description updates. Nov-22 Occupational Safety and OSH Management The factory does not have adequate Include the missing criteria to 7 Health Systems emergency preparedness procedures. … have adequate emergency preparedness procedures. Nov-22 Occupational Safety and OSH Management The hazard/risk management and Include the missing criteria to 7 Health Systems control procedures are not adequate. have adequate hazard/risk management and control procedures. Nov-22 Contracts and Human Employment Contracts No evidence of performance Submit and record actions and 7 Resources evaluation procedures nor any procedures to investigate, investigations for violations of Human monitor and measure violations Resources policies and procedures. of HR policies. [page 105] Nov-22 Contracts and Human Employment Contracts The disciplinary and termination Include the missing criteria in 7 Resources procedures are not adequate. the disciplinary and termination procedures. Nov-22 Contracts and Human Employment Contracts The grievance handling and dispute Include the missing criteria in 7 Resources resolution procedures do not have all the grievance handling and the necessary elements. 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 Ensure that the regular hour do Since June 13th, the lunch 7 legal limit. not exceed the limit of 8 hours break hour is no longer per day. considered as part od the regular working hours. Therefore, the factory is Within the legal limit of 8 hours a day. Nov-22 Occupational Safety and Emergency Obstructed aisles were observed. Ensure that aisles remained 21 Health Preparedness unobstructed during the working hours. Nov-22 Occupational Safety and Emergency Unmarked escape route were Mark all evacuation routes. Factory marked all 46 Health Preparedness observed. evacuation routes accordinelv. Nov-22 Occupational Safety and OSH Management Management didn't provide any Submit the structural safety 7 Health Systems structural safety certificate. certificate for verification purpose. Nov-22 Occupational Safety and Health Services and Insufficient doctor's visit. Have a permanent onsite 21 Health First Aid medical service, with at least 3 doctor's visits ver week. Nov-22 Occupational Safety and Welfare Facilities Insufficient toilets for women and Provide adequate number of 53 Health men. toilets for men and women. Nov-22 Occupational Safety and Working Environment The level of lighting in the workplace Ensure adequate light levels in Factory changed several light 53 Health is not adequate in several sections. all production areas. bulbs. Nov-22 Occupational Safety and Chemicals and The spot cleaning area is not isolated Ensure that areas where 7 Health Hazardous Substances from the sewing area. chemical products are used are isolated and maintain in proper conditions to limit the exposure to chemicals. Nov-22 Occupational Safety and Chemicals and One unlabeled container (machine Label all containers used inthe The issue was fixed during 7 Health Hazardous Substances Gun) in the spot cleaning. workplace. the assessment visit. [page 106] Nov-22 Occupational Safety and Chemicals and The inventory of chemical and Update the chemical inventory 21 Health Hazardous Substances hazardous product was not accurate. accordingly and include the name of all chemical and hazardous products used in the workplace. Nov-22 Contracts and Human Employment Contracts Payroll date and time, are not Edit the internal work rules and 21 Resources mentioned in the internal work rules. add payroll date and time. Nov-22 Compensation Social Security and The annual salary supplement or Pay the lunch break. the June 13th decree 21 Other Benefits bonus does not include the lunch suspends all provisions of the break payment. 3*8 law. The payment of the lunch break is no longer required. Nov-22 Compensation Social Security and The factory did not send workers pay Send the last 3 months to 21 Other Benerfits slip for the last 3 months to OFATMA OFATMA for sick leave and for sick leave and maternity maternity leave payment. leave payment. Nov-22 Compensation Social Security and The employer contribution to Pay OFATMA on time and Last payment was made in 21 Other Benefits OFATMA is based on the minimum payment should be based on September 2022 for the salary and does not include the lunch basic salary including the lunch month of August 2022. break payment and the payment is break payment. made late. Nov-22 Compensation Social Security and The factory did not share the salary Pay 3 percent of workers’ salary 21 Other Benefits declaration document that will enable to OFATMA for accident assessors to verify if insurance. the fiscal year 2021-2022 is correctly paid. Nov-22 Compensation Social Security and The contribution to ONA is based on Pay the ONA on time and The last payment was made 21 Other Benefits the minimum salary and does not accurately. in September 2022 for the include the lunch break payment. The month August 2022. payment is also made late. Nov-22 Compensation Paid Leave The factory did not pay annual leave, Pay the lunch break and include the June 13th decree 21 Sick leave and maternity leave it in the calculation of all leaves. suspends all provisions of the correctly because the payment of the 3*8 law. The payment of the lunch break is not included in the lunch break is no longer calculation. required. Nov-22 Compensation Paid Leave The lunch break is not compensated Pay the lunch break. the June 13th decree 21 in the payroll. suspends all provisions of the 3*8 law. The payment of the lunch break is no longer required. [page 107] Nov-22 Compensation Paid Leave Maternity leave payments are based Pay the lunch break and include the June 13th decree 21 on an average earnings which does it in the calculation of maternity suspendés all provisions of the not include the lunch break payment. leaves. 3*8 law. The payment of the lunch break is no longer required. Nov-22 Compensation Paid Leave Sick leave payment does not include Pay the lunch break and include the June 13th decree 21 the lunch break payment. it in the calculation of sick suspends all provisions of the leaves. 3*8 law. The payment of the lunch break is no longer required. Nov-22 Compensation Paid Leave The annual leave payment does not Pay the lunch break and include the June 13th decree 21 include the lunch break payment. it in the calculation of annual suspends all provisions of the leave. 3*8 law. The payment of the lunch break is no longer required. Assessment November 2021 Nov-21 Occupational Safety and Emergency Obstructed aisles in building 14 ofthe Keep aisles free of any Health Preparedness factory. obstruction. Nov-21 Occupational Safety and Emergency Unmarked escape routes. Mark all evacuation routes. Health Preparedness Nov-21 Occupational Safety and Health Services and No first aid boxes available in building Install at least one first aid box Health First Aid where workers are present. in each Building. Nov-21 Occupational Safety and Health Services and Insufficient doctor's visit. Have a permanent onsite Health First Aid medical service, with at least 3 doctor's visits per week. Nov-21 Occupational Safety and Welfare Facilities Insufficient toilets for women and Provide adequate number of Health men. toilets for men and women. Nov-21 Occupational Safety and Working Environment Insufficient level of lighting. Ensure adequate light levels in Health all production areas. Nov-21 Occupational Safety and Working Environment Inadequate temperature levels. Keep temperature at an Factory installed new fans. Health acceptable level in all production areas. Nov-21 Occupational Safety and Chemicals and Spot cleaning section where chemical Isolate the use of chemicals in Health Hazardous Substances products are used, is too close to the the workplace. sewing section. [page 108] Nov-21 Occupational Safety and Chemicals and The chemical inventory was not Update the chemical inventory Health Hazardous Substances accurate and did not include all accordingly. chemicals used in the workplace. Nov-21 Contracts and Human Employment Contracts The factory's internal work rules does Update the internal work rules Resources not include the payroll date and time. and add payroll date and time. Nov-21 Contracts and Human Employment Contracts Payment notice upon termination Pay the lunch break and include Resources does not include lunch break it in the calculation of all payment. payments. Nov-21 Compensation Social Security and The calculation for annual salary Pay the lunch break and include Other Benefits supplement or bonus does not it in the calculation of all include the lunch break payment. payments. Nov-21 Compensation Social Security and Employer contribution to OFATMA is Pay OFATMA on time and Other Benefits based on the minimum salary and payment should be based on does not include the lunch break basic salary including the lunch payment. break payment. Nov-21 Compensation Social Security and Workers' contribution to OFATMA is Pay OFATMA on time and Other Benefits based on the minimum salary and payment should be based on does not include the lunch break basic salary including the lunch payment. break payment. Nov-21 Compensation Social Security and The employer pays OFATMA 2 Pay 3 percent of workers’ salary Other Benefits percent of the estimated salary for the to OFATMA for accident fiscal year instead of 3 percent as insurance. prescribed by law. Nov-21 Compensation Social Security and Late and inaccurate payment for Pay ONA on time and payment Other Benefits worker's contributions to ONA. should be based on basic salary including the lunch break payment. Nov-21 Compensation Social Security and Late and inaccurate payment for Pay ONA on time and payment Other Benefits employer's contributions to ONA. should be based on basic salary including the lunch break payment. Nov-21 Compensation Paid Leave Incorrect payment for annual leave, Pay the lunch break and include Sick leave and maternity leave. it in the calculation for all payments. [page 109] Nov-21 Compensation Paid Leave Lunch break is not compensated. Pay the lunch break and include it in the calculation for all payments. Nov-21 Compensation Paid Leave Maternity leave payment does not Pay the lunch break and include include the lunch break payment. it in the calculation for all payments. Nov-21 Compensation Paid Leave Sick leave payment does not include Pay the lunch break and include the lunch break payment. it in the calculation for all payments. Nov-21 Compensation Paid Leave Annual leave payment does not Pay the lunch break and include include the lunch break payment. it in the calculation for all payments. [page 110] BETTER WORK HAITI - 26TH SYNTHESIS REPORT Factory Class International Holdings LTD Location: Ouanaminthe Number of workers: 359 Date of registration: Jan-20 Date of last two Better May-22 Apr-23 Work assessments: Advisory and Training Services 17-Apr-23 Advisory meeting Advisory Visit to conduct an OSH tour of the factory and to conduct training on chemical management for members of the OSH 17-Apr-23 Training Chemical Management TI-Apr-23 Training PNCs & Management System 14-Mar-23 PICC Meeting Advisory visit to: Discuss PRI Meet with the bipartite committee to discuss training plan Review Improvement plan 14-Mar-23 Advisory meeting Advisory visit to: Discuss PRI Meet with the bipartite committee to discuss training plan Review Improvement plan 2-Feb-23 Advisory meeting Advisory visit with Management only to: Conduct OSH tour of 2 buildings Review improvement plan with management Discuss registration of the new building 16-Nov-22 Advisory meeting Meeting with HR/ Compliance officer to review Improvement plan Apprentice contract Policies and procedures: (HR, grievances, maternity...) Ofatma and ONA payments 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 25-Aug-22 Training BWH-TNG HIV/AIDS 17-Aug-22 Training Bipartite Committee DETAILS OF NON ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment April 2023 Apr-23 Occupational Safety and OSH Management Accident reports are not The factory need to review its OSH 34 Health Systems reported to OFATMA monthly. policy to include the necessary procedure to report accident to the OSH officer who will subsequently provide the information to the HR staff to submit to OFATMA on a monthly basis. The information should be recorded on an excel format and kept in a safe place. [page 111] Apr-23 Occupational Safety and OSH Management The OSH policy has not been Factory should hold a meeting with 34 Health Systems developed in consultation with the bipartite committee, including workers and their workers representatives to discuss representatives. the policy and include comments from workers, as necessary and keep minutes of the meeting and signed attendance records. Share minutes with participants. Apr-23 Occupational Safety and OSH Management The employer does not properly Management needs to perform 34 Health Systems investigates monitors and regular review of effectiveness of measures OSH issues. management system including performance on measurable objectives and targets follow-up on accident investigations that leads to a change in procedures/practices where required. Apr-23 Occupational Safety and OSH Management The factory does not adequately The employer needs to train all joint 34 Health Systems communicate and implement OSH committee members, OSH policies and procedures. informed visitors contractors/service providers about relevant OSH policies and procedures, post, update evacuation map and post policies and work instructions around the Apr-23 Occupational Safety and OSH Management Management did not assigns Management needs to hire an OSH The following actions have 34 Health Systems accountability at the level of Officer and have a clear job been taken management and OSH description for the officer, defining -Posted policies and work committee for carrying out his authority and responsibilities. instructions around the Health and Safety They also need t train OSH workplace. responsibilities. committee members, assign them - Posted the names of OSH regular task and hold regular committee members. meeting. They should establish a system to track that the tasks are being executed as planed Apr-23 Contracts and Human Employment Contracts No. The factory does not have a Review the Grievance policy to the factory is reviewing the 34 Resources grievance handling and dispute include a clear options for grievance handling and dispute resolution that includes all the submitting grievances and disputes resolution that include: Clear necessary steps. that ensure anonymity and non- options for submitting retaliation, fair review, grievances and disputes that communication of changes made or ensure anonymity and non- resolution and an appeal process. retaliation, fair review, communication of changes made or resolution and an appeal process. [page 112] Apr-23 Contracts and Human Employment Contracts No. The factory has a The factory needs to review the 34 Resources termination procedures that procedure to include the time frame does not include, all the between warnings and payments, necessary elements. the right to defend oneself prior to termination and to representation during the disciplinary process, a step-by-step warning system, and procedures related to legal notice periods and termination payments. Apr-23 Contracts and Human Employment Contracts The employer does not take Management needs to develop a 34 Resources action to investigate violations procedure to investigate violations of HR policies and procedures, of HR policies and procedures, identify weaknesses and make identify weaknesses and make necessary adjustments to necessary adjustments to prevent prevent recurrence. recurrence. Procedure should indicate when such investigation will take place and under which circumstances. Apr-23 Contracts and Human Employment Contracts The factory has not posted The factory needs to post internal 34 Resources internal regulations nor policy. regulations and policies and to train staff on how to carry out policies and procedures. Apr-23 Contracts and Human Employment Contracts The HR policy as part of its The policy should be signed by top The policies are signed now by 34 Resources internal policy and includes is management and posted on the top management and have not signed by top management. floor. been shared Contracts and Human Employment Contracts The factory's internal work rules They need to follow up to make The factory has submitted 34 Resources is not approved by the Ministry sure that the document is approved their internal work rules to of Labor. MAST. Apr-23 Freedom of Association Collective Bargaining Several articles outlined in the The management of the factory 2 and Collective Bargaining CBA are not being implemented. should sit with the unions and the administration of CODEVI to discuss the application of the provision outlined in the CBA Apr-23 Working Time Leave Pregnant workers do not go on The factory should give pregnant 34 leave 6 weeks before giving workers 6 weeks of leave prior to birth. giving birth and 6 weeks after, as mandated by the labor code. Make sure this requirement is included in their policy and post it on the factory floor. Apr-23 Working Time Leave Workers were only given 10 out The factory needs to provide 15 34 of 15 days off after one year of consecutive days of annual leave to service, as required by law. all workers after 1 year of service. [page 113] Apr-23 Working Time Regular Hours Workers did not punch in and The factory needs to install a proper ] out, the manual attendance did functioning punch system to record by the factory was not sign by the attendance for all workers. workers. Apr-23 Working Time Regular Hours Pregnant women revealed that The factory needs to have a clear Pregnant workers are given 4 34 they did not have an additional policy for pregnant women, in breaks of 15 minutes according break. accordance with the labor code, to an agreement they signed inform all workers about the policy, with the factory's post the policy on the factory and management. ensure that it is applied across the board. Apr-23 Working Time Regular Hours Regular hours exceed the legal The factory should arrange its According to the June 13th 34 limit. working hours to comply with the decree, the lunch break is no labor laws. longer an integral part of the work day. The factory has a CBA which allow them to work one extra hour per day. Apr-23 Occupational Safety and Emergency Less than 10 percent of workers The factory needs to provide fire- 34 Health Preparedness were trained in fire-fighting fighting training to at least 10% of equipment. the staff. Schedule training and keep records. Apr-23 Occupational Safety and Emergency Fire drills are not conducted The factory should include in their 34 Health Preparedness every six month as policy that a fire drill should be recommended. conducted every 6 months. Conduct fire drills and document them. Apr-23 Occupational Safety and Emergency Several obstructed fire Factory needs to designate a A tour of the factory was 2 Health Preparedness extinguishers were observed in person to perform regular checks of conducted during the advisory. the workspace the fire extinguishers and ensure All fire extinguishers were that they remain unobstructed at all unobstructed. times. Apr-23 Occupational Safety and Emergency The factory does not have any The factory needs to install smoke 34 Health Preparedness alarm system and smoke detectors and alarms in all the detector install in both building. buildings. Apr-23 Occupational Safety and Health Services and First The total number of workers The factory needs to include First aid training was provided 34 Health Aid trained in first aid is less 10 mandatory first aid training in their by CODEVI LEKOL. A list of 33 percent of the workforce as policy and provide training to at participants was submitted as recommended by Better Work. least 10% of the workers. proof. Apr-23 Occupational Safety and Health Services and First The factory does not have onsite The factory should establish an Management explained that 34 Health Aid medical facilities and staff as onsite medical clinic in accordance workers have access to use the required by art. 478 and 479 of With the labor code. medical facilities of the the labor code. industrial park. [page 114] Apr-23 Occupational Safety and Health Services and First No evidence of annual medical Factory needs to OFAMA for work 34 Health Aid checks were present in worker's related accident insurance on time, files. including the CDS. include in their policy a schedule and timeframe to call OFATMA to provide medical checks annually for all workers. Apr-23 Occupational Safety and Health Services and First No evidence of medical checks Factory needs to provide medical Factory submitted proof a 34 Health Aid for workers exposed to work- checks twice a year for workers medical check that was related hazards were present in using chemicals and hazardous provided in March of 2023 to worker's files. substances. Establish a policy to worker's using chemical and make sure that workers receive the hazardous substances. medical exams twice a year. Define who is responsible to follow up and ensure that workers receive their medical checks. Keep proper Éteenenee Apr-23 Occupational Safety and Health Services and First Worker did not receive the Factory needs to pay OFAMA for 34 Health Aid health cards within the first 3 work related accident insurance on months of hiring. time, including the CDS. Include in their policy a schedule and timeframe to call OFATMA to provide medical checks for new workers Apr-23 Occupational Safety and Working Environment Insufficient light level Check light levels on a regular basis Factory has improving light as 2 Health to ensure that lighting levels are asked and follow with an appropriate for the tasks being evaluation to determine that perform. Change light bulbs as light levels were ok. Evidence needed. was shared. Apr-23 Occupational Safety and Working Environment Temperature exceed the The factory needs to install the 2 Health recommended limit. appropriate cooling system to ensure that temperature are acceptable Apr-23 Occupational Safety and Worker Protection Proper PPE are not provided to The factory need to establish a 2 Health all workers. policy to acquire and supply proper PPE to all workers who needs them. Ensure that workers are trained on the proper use of PPE provided. Establish a guideline to make sure that workers use PPE when they are working. Apr-23 Occupational Safety and Chemnicals and The spot cleaning area does not Spot cleaning should be isolated. 34 Health Hazardous Substances have the proper installation to Factory can install exhaust system prevent exposure. Workers are to ensure that chemical fumes are exposed to cardboard residue. not spread to surrounding areas. Provide proper installation and exhaust system for workers cutting cardboard tubes. Make sure that installation is isolated form general worker population. [page 115] Apr-23 Occupational Safety and Chemicals and Workers are not trained in using Provide training to all workers who 34 Health Hazardous Substances chemical and hazardous are using chemical and hazardous substances. substances Apr-23 Occupational Safety and Chemnicals and MSDS was not available in the The policy need to include who 34 Health Hazardous Substances local language for several controls the inventory and who is products found in the responsible to obtain MSDS for the workspace. . products upon arrival at the factory. Translate MSDS in local language and post them where the products are being used. Apr-23 Occupational Safety and Chemicals and Several unlabeled containers of The policy need to include who 34 Health Hazardous Substances chemical and hazardous controls the inventory and who is products found in the assigned to make sure that all workspace. chemical containers are properly labelled with name of product and pictogram indicating the dangers. Apr-23 Occupational Safety and Chemicals and Incomplete inventory of The policy need to include who Factory has completed the 34 Health Hazardous Substances chemical and hazardous controls the inventory. Establish a inventory. Evidence has been products. procedure to perform an inventory shared. control on a regular basis. An automated system can be establish to ensure that inventory movements are recorded daily. Apr-23 Contracts and Human Termination The calculation of the average Pay the lunch break. This new decree puts the 3*8 34 Resources daily salary for the payment of law on pause until the revision annual salary supplement upon of the Labor Code is termination does not include the completed. The lunch break lunch break payment. payment is no longer required. Apr-23 Contracts and Human Termination The calculation of the average Unused annual paid leave upon This new decree puts the 3*8 34 Resources daily salary for the payment of termination must be calculated law on pause until the revision unused paid annual leave upon based on average daily earnings of the Labor Code is termination is not based on completed. The lunch break average daily earnings and does payment is no longer required. not include the lunch break payment. Apr-23 Contracts and Human Termination The calculation of the average Pay the lunch break This new decree puts the 3*8 34 Resources salary for the payment for the law on pause until the revision applicable notice period does of the Labor Code is not include the lunch break completed. The lunch break payment. payment is no longer required. [page 116] Apr-23 Compensation Social Security and the factory does pay 3 % of The factory need to collect and 34 Other Benefits workers’ basic salary to forward worker's contributions to OFATMA. OFATMA for maternity and health insurance within 10 working days of the current month for the previous month. Contributions should be collected on the average daily salary. The lunch break payment no longer needs to be included in the calculation of the average salary. Apr-23 Compensation Social Security and The factory does not collect and The factory need to collect and 34 Other Benerñits forward the worker's contribution forward worker's contributions to to OFATMA for maternity and OFATMA for maternity and health health insurance. insurance within 10 working days of the current month for the previous month. Contributions should be collected on the average daily salary. The lunch break payment no longer needs to be included in the calculation of the average salary. Apr-23 Compensation Social Security and Workers' contributions to ONA is The factory should send worker's 34 Other Benefits calculated on the minimum contributions to ONA within 10 wage and does not include the working days of the current month lunch break payment. for the previous month. Furthermore it is submitted late. Contributions should be collected on the average daily salary. The lunch break payment no longer needs to be included in the calculation of the average salary. Apr-23 Compensation Social Security and Workers' pay slips for the last 3 The factory needs to submit both 34 Other Benerfits months are not sent to OFATMA worker's and employer's for payment of sick and contributions to OFATMA on time, maternity leave. Within the first 10 working days of the current month, for the previous month's payment. The employer can then submit worker's pay slip to OFATMA for maternity leave and sick leave payments. Apr-23 Compensation Social Security and The calculation for the annual Pay the lunch break. The new decree puts the 3*8 34 Other Benefits salary supplement or bonus law on pause until the revision payment does not include the of the Labor Code is lunch break payment. completed. The lunch break payment is no longer required. [page 117] Apr-23 Compensation Social Security and Employer's contributions for The factory should send employer's 34 Other Benefits ONA is based on the minimum contributions to ONA within 10 salary and it is not made on working days of the current month time. It does not include the for the previous month. lunch break payment. Contributions should be collected on the average daily salary. The lunch break payment no longer needs to be included in the calculation of the average salary. Apr-23 Compensation Social Security and No proof of payment to Factory needs to submit the 34 Other Benefits OFATMA for work related declaration to OFATMA with the list accident was available and of workers, make the full payment shared with the assessors for the as required by law. fiscal year 2022/2023. Apr-23 Compensation Paid Leave the lunch break is not Pay the lunch break. The new decree puts the 3*8 34 compensated in the payroll. law on pause until the revision of the Labor Code is completed. The lunch break payment is no longer required. Apr-23 Compensation Paid Leave The factory only paid 6 weeks of The factory should pay OFATMA on 34 maternity leave where workers a regular basis, submit workers, pay are entitled to 12 weeks of slip to OFATMA so they can pay for payment. 12 weeks. The lunch break payment does have to be included in the calculations. Apr-23 Compensation Paid Leave Sick leave payments are not Sick leave payment must be 34 calculated on average daily calculated on the basic salary which earnings. In addition, the includes all earnings except for calculation does not include the overtime. The lunch break does not lunch break payment. have to be included anymore. Apr-23 Compensation Paid Leave Although the annual leave Pay the lunch break. The new decree puts the 3*8 34 payment is calculated on law on pause until the revision worker's average daily earnings, of the Labor Code is it does not include the lunch completed. The lunch break break payment. payment is no longer required. Assessment May 2022 [page 118] May-22 Working Time Regular Hours Workers did not punch in and Ensure that workers are directly Factory is using the punch 7 out. accountable for effectively recording system. 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. May-22 Working Time Leave Pregnant workers do not go on Ensure that pregnant workers go on Factory will make sure that 21 leave 6 weeks before giving leave 6 weeks before childbirth as workers go on maternity leave birth specified in the Labor Code. 6 weeks before giving birth. May-22 Working Time Leave Workers did not receive 15 days The factory needs to provide Factory will implement the 21 of annual leave after one year of workers with 15 days vacation after policy as of this year. service, as required by law. one year of service, as mandated by the labor laws. May-22 Working Time Regular Hours The factory's regular hours Review the legal requirements to 21 exceed the legal limit. make sure that regular hours conform the legal limit of 48 hours per week. May-22 Occupational Safety and Emergency The total number of workers Provide training on the use of fire- Factory will implement a 21 Health Preparedness trained in fire-fighting is less 10 fighting equipment for at least 10% training plan to train at least 10 percent of the workforce as of the worker population. percent of the workers. recommended by Better Work. May-22 Occupational Safety and Emergency The factory does not conduct Conduct an evacuation drill every 6 Factory will schedule 2 fire drill 21 Health Preparedness fire drills every 6 months as months. for the balance of this year. recommended. May-22 Occupational Safety and Emergency Obstructed aisles in the sewing Ensure that routes are not Products were removed from 21 Health Preparedness area and stock area. obstructed. Work with OSH the aisles and there was a committee members, supervisors to meeting with all of the material perform routine tours of the factory. leaders to assure they don't do Provide adequate storage space to it again. receive and store materials. Specify who conduct daily weekly checks. May-22 Occupational Safety and Emergency workers are not aware of the risk Prepare workers for workplace Signs have been posted on all 7 Health Preparedness and thus are not prepared for emergencies by providing proper exit doors. workplace emergencies. training and informing workers about risks and dangers in the workplace. [page 119] May-22 Occupational Safety and Emergency The evacuation plan f did not Redesign the evacuation map to Evacuation routes were 21 Health Preparedness reflect the actual layout of the reflect the layout of the floor. Post redesign and posted in all floor. evacuation maps where needed. areas May-22 Occupational Safety and Emergency Improper maintenance of fire Install adequate firefighting Factory plans to install new fire 21 Health Preparedness extinguishers equipment in both building. Ensure extinguishers in the new regular maintenance. Work with building. OSH committees to randomly monitor and make sure that the equipment is in place & functioning. May-22 Occupational Safety and Emergency The factory does not have any Make sure that both buildings have Factory will install a fire 21 Health Preparedness alarm system and smoke functioning alarm system and a detection system in the detector install in both building. smoke detector. Specify who is in buildings. charge of regularly checking its functioning. Include this in the monthly OSH self-assessment. May-22 Occupational Safety and Health Services and First The total number of workers Provide additional training on first Factory will prepare a training 21 Health Aid trained in first aid is less 10 aid to cover the 10 percent of the plan to complete the 10% and percent of the workforce, as workforce. Have a system in place talk to CODEVI to implement recommended by Better Work. to track trained workers. the plan. May-22 Occupational Safety and Health Services and First First aid boxes have not been Define responsibility for filling first First aid boxes were installed. 21 Health Aid installed in the new building. aid boxes and checking expired First aids boxes in the old products. Install first building are missing products. aid boxes in new building. Make sure all first aid boxes are inspected regularly. May-22 Occupational Safety and Health Services and First The factory does not have onsite Factory should discussed with The free zone has the medical 21 Health Aid medical facilities and staff as CODEVI administration to have an services. required by art. 478 and 479 of adequate medical facility capable of the labor code. attending to its needs, as required by the labor code May-22 Occupational Safety and Health Services and First The factory did not provide free Provide annual health checks at not The factory will work with 21 Health Aid annual medical checks to all cost for the workers. CODEVI'S clinic to provide the workers. Make the results available to the medical checks. 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. [page 120] May-22 Occupational Safety and Health Services and First Medical checks was not provided Provide health checks twice a year The factory will work with 21 Health Aid to workers exposed to work- at not cost for the workers exposed CODEV/I'S clinic to provide the related hazards to work-related hazards. Make medical checks. 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 May-22 Occupational Safety and Health Services and First Workers did not receive a Provide health checks within their The factory will work with 21 Health Aid medical checks within the first 3 first 3 months of hiring at not cost CODEVI'S clinic to provide the months of hiring. for the workers. Make the results medical checks. available to the worker. May-22 Occupational Safety and Welfare Facilities The drinking water is not tested Maintain an adequate supply of We receive the water from a 21 Health on a monthly basis. water for all workers and ensure that certified company. the water is tested on a monthly basis. May-22 Occupational Safety and Worker Protection The factory did check all workers Systematically check all worker's We have the form for the high 21 Health and visitors body temperature body temperature upon entry and temperature report. upon entry in a systematic way. keep a registry for all persons who present a temperature of 38C and above. May-22 Occupational Safety and Worker Protection 20 percent of the single needle Install finger guards on all single 21 Health machines were missing finger needle machine. guards. May-22 Occupational Safety and Chermnicals and No eye wash station has been The factory needs to install The eye wash station has been 21 Health Hazardous Substances installed in the chemical storage eyewash station in all areas where installed. of the factory. chemical products are stored and used. May-22 Occupational Safety and Chemicals and The factory did not provide The factory needs to provide Appoint person and train them 21 Health Hazardous Substances training to people using chemical safety training to all in the handling of chemical chemical and hazardous workers including supervisors that products substances. are using chemical products and hazardous substances. May-22 Occupational Safety and Chemicals and MSDS was not available for Identify a person responsible for Complete MSDS folder of 21 Health Hazardous Substances several products found in the chemical product management. chemical products. workspace. . The MSDS for each chemical should be available and translate in local language. Clarify responsibility for posting the MSDS in the locations where chemicals are stored and used. [page 121] May-22 Occupational Safety and Chemicals and The chemical storage area was Install an eye wash station in the Complete the construction of 21 Health Hazardous Substances not properly constructed in the facility. Limit access of other the chemical warehouse and factories. workers to the chemical storage. install the safety precautions Provide (better) exhaust ventilation. Provide required PPE6. Post MSDS for all chemical in the storage areas. Assign responsibility for regular check (incl. wearing of PPESs) May-22 Occupational Safety and Chemicals and Unlabeled chemical spray gun Define who is entitled to pour Label has been placed on 21 Health Hazardous Substances found in the spot cleaning area. chemicals in other recipients and spray gun in the washing label them. Review the MSDS to station and chemicals know which pictograms are needed. containers used in the area Properly label chemicals and have been labelled. Factory hazardous substances including provided pictures. name in various languages and hazard pictogram. May-22 Occupational Safety and Chemicals and The factory keeps an inventory Assign responsible persons for Create chemical reception 21 Health Hazardous Substances of chemicals that is not accurate. Updating inventories of hazardous procedure. 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. May-22 Contracts and Human Employment Contracts The factory's internal work rules The internal work rules must be Factory has submitted the 21 Resources are not approved by the ministry approved by the ministry of labor. internal work rules to the of labor. Ministry of Labor. They are still waiting for their approval. May-22 Contracts and Human Employment Contracts The apprentice contracts were Apprentice contract must be Factory has submitted the 21 Resources not approved by the Ministry of submitted to the Ministry of labor apprentice contracts to the Labor, as legally required. for approval Ministry of Labor. They are still waiting for their approval. May-22 Occupational Safety and OSH Management The factory does not record and Submit work related accidents to Design a form to report 21 Health Systems submit work related accidents to OFATMA on a monthly basis.. accidents to OFATMA and OFATMA on a monthly basis. create a registry folder May-22 Occupational Safety and OSH Management The OSH bipartite committee Hold regular monthly meeting, 21 Health Systems does not meet on a monthly record the minutes of the meeting basis. and share them with committee members. [page 122] May-22 Compensation Social Security and The calculation for annual salary Discuss legal requirements with the 21 Other Benefits supplement or bonus does not General Manager. Pay the include the lunch break lunch break and include the payment. payment in the annual salary supplement or bonus calculation. May-22 Compensation Social Security and The factory has not registered Work with OFATMA to complete Management started the 21 Other Benefits with OFATMA for maternity and the registration process. registration process. health insurance. May-22 Compensation Social Security and Management does not send Work with OFATMA to complete Management started the 21 Other Benefits workers’ pay slips for the last 3 the registration process and send registration process. The months to OFATMA for worker's pay slips to OFATMA for factory makes the payments. payment of sick and maternity sick leave and maternity leave leave. payments. May-22 Compensation Social Security and The payment for OFATMA for Ensure that payment for work Management has an 21 Other Benefits accident insurance is late and related accident is made in a timely agreement with OFATMA to the payment for the health Card manner. Ensure that all pay in two instalments. is not included. documentations are available during the evaluation period. May-22 Compensation Social Security and ONA contributions is based on The factory needs to calculate ONA The factory management 21 Other Benefits the minimum salary andit is not contribution based on the average stated that all payment are made on time. lt does not daily earnings. The factory need to manage by the administration include the lunch break also pay the lunch break so it can of CODEVI they will follow up payment. be included in the average daily on that. earnings. Submit ONA payments on time, within the first 10 working days of each month for the previous month. May-22 Compensation Paid Leave The factory pay workers The factory needs to apply the 3*8 Management will discuss the 21 incorrectly for annual leave, Sick law and pay for the lunch break. issue with CODEVI leave, maternity leave and the Include the payment in the administration daily break. calculation for all types of leave May-22 Compensation Paid Leave The lunch breaks is not Revise the payroll procedures to Management will discuss the 21 compensated in the payroll. ensure that the daily break is issue with CODEVI accurately paid to all eligible administration workers. Communicate the new procedures to all relevant parties. May-22 Compensation Paid Leave The factory only pay six weeks Work with OFATMA to complete Management will discuss the 21 for maternity leave and the the registration process. issue with CODEVI lunch break payment is not Ensure that workers receive the administration included in the calculation ofthe correct amount of maternity leave average salary. payments as required by the labor code. [page 123] May-22 Compensation Paid Leave The lunch break payment is not Calculate sick leave on worker's Management will discuss the 21 included in the calculation ofthe daily average earnings as specified issue with CODEVI average salary payment for sick in Art. 148.2. Pay the lunch break administration leave. and include the payment in the sick leave calculation. May-22 Compensation Paid Leave The lunch break payment is not Calculate the annual leave on Management will discuss the 21 included in the calculation of the workers daily average earnings as issue with CODEVI average salary payment for specified in Art. 148.2. Pay the lunch administration annual leave. break and include the payment in annual leave calculation: [page 124] BETTER WORK HAITI - 26TH SYNTHESIS REPORT Factory: Cleveland Manufacturing S.A. "5 Location: Arrondissement de Port-au-Prince Number of workers: 995 Date of registration: Jul-16 Date of last two Better Nov-21 Nov-22 Work assessments: Advisory and Training Services 24-Mar-23 Advisory meeting Virtual OSH factory tour to validate pending issues. Meeting with the compliance team to present examples of OSH objectives and targets. Documents review such as paid leave, social security and OSH policy. 27-Jan-23 Training Workplace Cooperation & 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. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment November 2022 Nov-22 Working Time Leave Workers received 12 days of annual leave Provide 15 days of annual leave to workers 20 instead of the 15 days as prescribed by after one year of service. law. Nov-22 Working Time Regular Hours The hours worked on Sunday are not Ensure that all working hours are displayed Working hours on Sunday are 20 computed nor displayed in the payroll. in the payroll. recorded in the payroll. Nov-22 Working Time Regular Hours The regular working hours is equivalent to Revise the internal regulations and make The June 13 decree suspends the 20 9 hours per day and 54 hours per week. sure that the regular hours do not exceed 3*8 law. 48 hours per week. Nov-22 Occupational Safety Emergency Improper maintenance of electrical wiring Provide additional training to workers on The factory has a very special 77 and Health Preparedness and presence of hazardous materials electrical hazards. space to recharge bulbs and near electrical system. telephones and additional Display picture of electrical hazards on the training on electrical hazards has floor. been provided to workers. Pictures on electrical hazards has Develop a maintenance plan for forklift been displayed on the floor. equipment Furthermore, management keep a maintenance records for the forklift [page 125] Nov-22 Occupational Safety Emergency Obstructed aisles and exit doors. Remind supervisors about their Additional space have been 40 and Health Preparedness responsibility to enforce OSH in their area. identified and also the factory is Identify additional storage area. Review using containers to stored and update the internal audit procedure. finished products. Nov-22 Occupational Safety Emergency Evacuation maps are not consistent with Repaint the factory floors and updated the The fabric warehouse has been 8 and Health Preparedness the layout of the factory floors. evacuation maps. Then post the maps. marked and evacuation arrows are visible to workers. The Compliance Officer is responsible for the daily checks Nov-22 Occupational Safety Emergency Obstructed fire extinguishers. Set up additional workshop for workers. Set up additional workshop for 61 and Health Preparedness Marking on the floor, review and update the workers. internal audit procedure. Review and update the internal audit procedure. Nov-22 Occupational Safety Health Services and Insufficient medical staff. Hire additional medical staff to have at The factory hired 6 additional 34 and Health First Aid least 10 nurses for the current workforce. nurses. The medical staff has 10 nurses. Nov-22 Occupational Safety Health Services and Workers had not received an annual Discuss the legal requirements with the 76 and Health First Aid health check performed by OFTAMA as General Manager then pay the health cards. prescribed by law. Nov-22 Occupational Safety Health Services and Newly hired workers have not received Discuss the legal requirements with the 34 and Health First Aid the health cards within the first 3 month General Manager of hiring. 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 Welfare Facilities Insufficient number of toilets. Discuss the legal requirements with the 34 and Health General Manager. Then, Increase the number of toilet. Nov-22 Occupational Safety Working Environment Working environment is not properly Ensure that working environment is clean 20 and Health maintained. andtidy. Factory should periodically clean the workspace during workhours. [page 126] Nov-22 Occupational Safety Working Environment Lux level is insufficient in several Increase the light level to reach 300 lux in The factory has installed more 20 and Health sections. Pressing section, 500 lux in Sewing, light and transparent Skylight cutting, packing. 750 lux in trimming and Sheet. Based on the monitoring Inspection section. system shared with the advisor, the lux level is in compliance. Nov-22 Occupational Safety Working Environment Workplace temperature exceed 30 Cin all Increase the ventilation with additional 76 and Health buildings. fans. Specify who is in charge of regular maintenance of the fans. Nov-22 Occupational Safety Worker Protection Improper maintenance of electrical Provide additional training for workers and Training has been provided to 76 and Health Wiring. supervisors on electrical safety. workers and supervisors on Display picture of electrical hazards. electrical safety. Include this aspects in the daily and weekly checks. Nov-22 Occupational Safety Chemicals and The spot cleaning area where chemicals Provide additional training for workers and Eye wash bottles have been 20 and Health Hazardous Substances are used, does not have an adequate eye supervisors. installed where chemicals are washing station. Review and update the internal audit used and stored. procedure. Install eye wash station where chemicals are used in stored. Nov-22 Occupational Safety Chemicals and Chemicals and hazardous products are Provide additional training for workers and 76 and Health Hazardous Substances not stored in the proper container and supervisors identified. Review and update the internal audit procedure Nov-22 Contracts and Human Termination The calculation of the average salary for Discuss legal requirements with the The June 13 decree suspends the 20 Resources bonus upon termination does not include General Manager, pay the lunch break and 3*8 law, so Better Work is not the lunch break payment. include the payment in the average salary. finding non-compliance for non- payment of the lunch break. Nov-22 Contracts and Human Termination The calculation of the average salary Discuss legal requirements with the The June 13 decree suspends the 20 Resources unused paid annual leave upon General Manager, pay the lunch break and 3*8 law, so Better Work is not termination does not include the lunch include the payment in the average salary. finding non-compliance for non- break payment. payment of the lunch break. Nov-22 Contracts and Human Termination The calculation for the applicable notice Discuss legal requirements with the The June 13 decree suspends the 20 Resources period upon termination does not include General Manager, pay the lunch break and 3*8 law, so Better Work is not the lunch break payment. include the payment in the calculation of finding non-compliance for non- the notice period. payment of the lunch break. [page 127] Nov-22 Contracts and Human Employment Contracts Several workers did not receive a copy of Provide a contract to all employees. The company has delivered 40 Resources the contract. contracts to more than 90% of the employees. Nov-22 Compensation Social Security and The calculation for annual salary Discuss legal requirements with the The June 13 decree suspends the 20 Other Benefits supplement or bonus does not include General Manager, pay the lunch break and 3*8 law, so Better Work is not the lunch break payment. include the payment in the annual salary finding non-compliance for non- supplement or bonus. payment of the lunch break. Nov-22 Compensation Social Security and Workers' and employer's contribution to Discuss legal requirements with the Payments are made until the 76 Other Benefits OFATMA for maternity and health General Manager, pay the lunch break and month of November 2021. insurance is not accurate and is Forward worker's contribution to OFATMA forwarded late. Within the first 10 business days of the next month for the previous month. Nov-22 Compensation Social Security and Assessors were not able to verify the Keep records of the invoice received from 76 Other Benefits payment for OFATMA work related OFATMA. Pay OFATMA work related accident insurance. accident on time. Nov-22 Compensation Social Security and The employer does not forward the Discuss legal requirements with the 76 Other Benefits collected contribution to ONA on a General Manager, pay the lunch break and monthly basis. Forward worker's contribution to ONA within the first 10 business days of the next month for the previous month. Nov-22 Compensation Social Security and The employer's contribution to ONA is Discuss legal requirements with the 76 Other Benefits not calculated on workers’ average salary General Manager, pay the lunch break and and does not include the lunch break Forward employer contribution to ONA payment. Within the first 10 business days of the next month for the previous month. Nov-22 Compensation Paid Leave The factory did not pay annual leave, Sick Discuss legal requirements with the 20 leave, maternity leave and the daily break General Manager. correctly. Pay the lunch break and include it in the calculation of annual leave, sick leave, maternity leave. Nov-22 Compensation Paid Leave The lunch break is not compensated. Discuss legal requirements with the The June 13 decree suspends the 20 General Manager and pay the lunch break. 3*8 law, so Better Work is not finding non-compliance for non- payment of the lunch break. Nov-22 Compensation Paid Leave Eligible workers received 6 weeks of Eligible workers mut be provided 12 weeks 20 maternity leave instead of the 12 weeks, of maternity leave. 6 weeks before delivery as prescribed by the law. and 6 weeks after delivery. [page 128] Nov-22 Compensation Paid Leave The calculation for sick leave payment Discuss legal requirements with the The June 13 decree suspends the 20 does not include the lunch break General Manager. Then, pay the lunch 3*8 law, so Better Work is not payment. break and include it in the calculation of finding non-compliance for non- sick leave. payment of the lunch break. Nov-22 Compensation Paid Leave The calculation of the annual leave Discuss legal requirements with the The June 13 decree suspends the 20 payment does not include the lunch General Manager. Then, pay the lunch 3*8 law, so Better Work is not break payment. break and include it in the calculation of finding non-compliance for non- annual leave. payment of the lunch break. Assessment November 2021 Nov-21 Working Time Leave Workers received 12 days of annual leave Provide 15 days of annual leave to workers instead of the 15 days as prescribed by after one year of service. law. Nov-21 Working Time Regular Hours The hours worked on Sunday are not Ensure that all working hours are displayed Working hours on Sunday are computed nor displayed in the payroll. in the payroll. recorded in the payroll. Nov-21 Working Time Regular Hours The regular working hours are from 7:00 Revise the internal regulations and make AM to 4:00 PM (including a 1 hour daily sure that the regular hours do not exceed break), (6) days per week, which is 48 hours per week. equivalent to 9 hours per day and 54 hours per week. Nov-21 Occupational Safety Emergency Sources of ignition are not properly Provide additional training to workers on and Health Preparedness safeguarded. electrical hazards. Display picture of electrical hazards on the floor. Nov-21 Occupational Safety Emergency Obstructed exit doors and escape routes. Remind supervisors about their Additional space have been and Health Preparedness responsibility to enforce OSH in their area. identified and also the factory is Review and update the internal audit using containers to stored procedure. finished products. Nov-21 Occupational Safety Emergency Escape routes are not clearly marked in Paint evacuation arrows and yellow lines and Health Preparedness one building. on the floor to show the exit pathway. Specify who conducts additional daily/weekly checks. Nov-21 Occupational Safety Emergency Two fire extinguishers were obstructed Set up additional workshop for workers. and Health Preparedness and not readily accessible. Review and update the internal audit procedure. Nov-21 Occupational Safety Health Services and Insufficient medical staff. Hire additional medical staff to have at The factory hired 6 additional and Health First Aid least 10 nurses for the current workforce. nurses. The medical staff has 10 nurses. [page 129] Nov-21 Occupational Safety Health Services and Workers did not received an annual Discuss the legal requirements with the and Health First Aid health check performed by OFTAMA as General Manager. Pay for the health card. prescribed by law. Provide free annual health checks to all workers. Nov-21 Occupational Safety Health Services and Newly hired workers have not received Pay the health card. keep record of the and Health First Aid the health card nor a free health check invoice received from OFATMA for work within the first 3 month of hiring. related accident. Ensure that workers received the health cards within the first 3 month of hiring. Nov-21 Occupational Safety Welfare Facilities Insufficient number of toilets. Increase the number of toilet to have at and Health least one toilet for every 25 men and one toilet for every 15 women. Nov-21 Occupational Safety Working Environment Workplace is not kept free of dust and Have in place a housekeeping plan. and Health used material are scattered around. Nov-21 Occupational Safety Working Environment Light level is insufficient in several Increase the light level to reach 300 lux in and Health sections. Pressing section, 500 lux in Sewing, cutting, packing. 750 lux in trimming, Inspection section. Nov-21 Occupational Safety Working Environment Workplace temperature exceed 30 C in all Increase the ventilation with additional and Health buildings. fans. Conduct regular measurement of temperature & compare with threshold value. Nov-21 Occupational Safety Worker Protection Improper maintenance of electrical wiring Display picture of electrical hazards. and Health system. include this aspects in the daily and weekly checks. Perform regular maintenance of electrical system. Nov-21 Occupational Safety Chemicals and The spot cleaning area, where chemicals Review and update the internal audit Eye wash bottles have been and Health Hazardous Substances are used, does not have an adequate eye procedure. Install an eye wash station near installed where chemicals are wash station. the spot cleaning area. used and stored. Nov-21 Occupational Safety Chemicals and Unlabeled containers of chemical and Provide additional training for workers and and Health Hazardous Substances hazardous substances found in the supervisors. Review and update the workplace. internal audit procedure. Label all containers. Nov-21 Contracts and Human Termination The payment calculation for the annual Pay the lunch break and include the Resources bonus does not include the lunch break payment in the average salary. payment. [page 130] Nov-21 Contracts and Human Termination The payment for unused paid annual Pay the lunch break and include the Resources leave upon termination does not include payment in the average salary. the lunch break payment. Nov-21 Contracts and Human Termination The payment for the applicable notice Pay the lunch break and include the Resources period does not include the lunch break payment in the calculation of the notice payment. period. Nov-21 Contracts and Human Employment Contracts Several workers did not receive a copy of Provide a contract to all employees. Resources the contract. Nov-21 Compensation Social Security and The payment calculation for the annual Pay the lunch break and include the Other Benefits salary supplement or bonus does not payment in the annual salary supplement include the lunch break payment. or bonus. Nov-21 Compensation Social Security and Workers’ and employer's contribution to Pay the lunch break and forward worker's Other Benefits OFATMA for maternity and health contribution to OFATMA within the first 10 insurance is not accurate and is business days of the next month for the forwarded late. previous month. Nov-21 Compensation Social Security and Assessors were not able to verify the Keep records of the invoice received from Other Benefits payment for OFATMA work related OFATMA. Pay OFATMA work related accident insurance. accident on time. Nov-21 Occupational Safety Social Security and The employer does not forward the Pay the lunch break and forward worker's and Health Other Benefits collected contribution to ONA on a contribution to ONA within the first 10 monthly basis. business days of the next month for the previous month. Nov-21 Occupational Safety Social Security and The employer's contribution to ONA is Pay the lunch break and forward employer and Health Other Benefits not calculated on workers’ average salary contribution to ONA within the first 10 and does not include the lunch break business days of the next month for the payment. previous month. Nov-21 Compensation Paid Leave The factory did not pay annual leave, Sick Pay the lunch break and include it in the leave, maternity leave and the daily break calculation of annual leave, sick leave, correctly. maternity leave. Nov-21 Compensation Paid Leave The lunch break is not compensated in Pay the lunch break. the payroll. Nov-21 Compensation Paid Leave Workers received 6 weeks of maternity Discuss legal requirements with the leave payments instead of the 12 weeks General Manager. Pay the lunch break and prescribed by the law. include the it in the calculation of the maternity leave payment. [page 131] Nov-21 Compensation Paid Leave Sick leave payments are based on Discuss legal requirements with the average daily earnings. However, the General Manager. Pay the lunch break and calculation does not include the lunch include it in the calculation of sick leave. break payment. Nov-21 Compensation Paid Leave The daily break is not compensated and Discuss legal requirements with the not included in the calculation of the General Manager annual leave payment. Pay the lunch break and include it in the calculation of annual leave. [page 132] BETTER WORK HAITI - 26TH SYNTHESIS REPORT Factory: Everbright Headwear s Location: Ouanaminthe Number of workers m6 Date of registration: Jan-20 Date of last two Better Jun-22 May-23 Work assessments: Advisory and Training Services 14-Apr-23 Training Chemical Management System 14-Apr-23 Advisory meeting Factory tour on Emergency preparedness, chemical and electrical safety to identify area of improvement. T-Apr-23 Training PNCSs & Management System 6-Mar-23 Bipartite Committee Meeting with the bipartite committee to follow on the improvement plan and the payroll issues. Meeting 6-Mar-23 Advisory meeting To validate the Improvement plan, review the Internal regulations, provide guidance on emergency preparedness and accident investigation. 3-Mar-23 Advisory meeting To conduct a session on purchasing practices and support the factory to complete the purchasing practices questionnaires. 1-Feb-23 Bipartite Committee Meeting with the bipartite committee to identify the training needs. Meeting 1-Feb-23 Advisory meeting To validate pending issues on the factory portal 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 analvsis 17-Nov-22 Training Virtual Introduction to Workers TI-Nov-22 Training Virtual Introduction to Workers . 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. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment May 2023 May-23 Occupational Safety and Chemicals and Hazardous The inventory of chemical and Assign responsible persons for 27 Health Substances hazardous products is updating inventories of hazardous incomplete. substances in the various locations where they are stored or used. [page 133] May-23 Occupational Safety and Chemnicals and Hazardous Unlabeled containers of Define who control the chemical 27 Health Substances chemicals. container on receipt from supplier and control the label. May-23 Occupational Safety and Chemnicals and Hazardous The chemical storage areas do Ensure that chemical storage area 27 Health Substances not have not all the safety meet all safety requirements. requirements. May-23 Occupational Safety and Chernicals and Hazardous MSDS are not available for all Keep chemical MSDS for all 27 Health Substances chemicals product. hazardous chemicals used in the workplace. May-23 Occupational Safety and Collective Bargaining Collective bargaining violation. Discuss legal requirements with the 12 Health factory Manager and register all workers for maternity and Health Insurance. May-23 Occupational Safety and Emergency Preparedness There was no smoke detector in Install a smoke detector in this area 27 Health the stock room between building and add this aspect in the daily or Tand 2. weekly checks. May-23 Occupational Safety and Emergency Preparedness Undercharged, obstructed and Install firefighting equipment in the 27 Health missing fire extinguishers, in warehouse building. several areas of the workplace. May-23 Occupational Safety and Emergency Preparedness The floor was not clearly marked Update the evacuation map and Post 27 Health and the evacuation plan need to evacuation map in all buildings. be updated. May-23 Occupational Safety and Emergency Preparedness Emergency exit was locked Provide additional space for storing 27 Health during the working hours and goods. Give instruction to security and escape routes were obstructed. staff not to close gates in case of fire. May-23 Occupational Safety and Emergency Preparedness Fire drills are not conducted twice Conduct at least one emergency drill 27 Health a year as recommended. every 6 months. May-23 Occupational Safety and Emergency Preparedness The total number of workers Train at least 10 percent of the 27 Health trained in fire-fighting is less 10 workforce in fire-fighting. percent of the workforce. May-23 Contract and Human Employment Contracts The apprentice contracts were Send the apprentice contracts to the 27 Resources not approved by the Ministry of Ministry of Labor (MAST) for approval. Labor (MAST), as legally required. May-23 Contract and Human Employment Contracts The factory does not have Review the internal work rules. 27 Resources internal work rules approved by Send the document to MAST for the Ministry of Labor. approval. Ensure that all the nages are stamned [page 134] May-23 Contract and Human Employment Contracts The factory does not have an HR Develop an HR policy that is signed 27 Resources policy that is signed by top by top management. May-23 Contract and Human Employment Contracts No evidence where management _ investigates shortcomings or issues in 12 Resources investigates shortcomings or HR performance. issues in HR performance was provided during the assessment visit. May-23 Contract and Human Employment Contracts Disciplinary and termination include the following points in the 12 Resources procedures not adequate. procedure such as - The right to defend oneself prior to termination, and to representation during disciplinary processes; - Timeframes for warnings and payments. May-23 Contract and Human Employment Contracts The grievance procedure is not include in the procedure 12 Resources adequate. communication of changes made and resolution. May-23 Occupational Safety and Health Services and First Aid Worker did not receive the health Pay the health cards and request 27 Health cards within the first 3 months of OFATMA to conduct the health hiring. checks. May-23 Occupational Safety and Health Services and First Aid No evidence of medical checks Conduct the health checks twice a 27 Health for workers exposed to work- year. related hazards were present in workers files. May-23 Occupational Safety and Health Services and First Aid No evidence of annual medical Pay the health cards and request 27 Health checks were present in worker's OFATMA to conduct the health files. checks. May-23 Occupational Safety and Health Services and First Aid The factory does not have an Set up a clinic approved by the 27 Health onsite medical facilities and staff Authorities or Hire the required as required by art. 478 and 479 of medical staff. the labor code. May-23 Occupational Safety and Health Services and First Aid First aids boxes are missing Equip first aid box and define 27 Health several items listed in the responsibility for refilling. inventory list. May-23 Occupational Safety and Health Services and First Aid The total number of workers Train at least 10 percent of the 27 Health trained in first aid is less 10 workforce in first aid. percent of the workforce as recommended by Better Work. [page 135] May-23 Occupational Safety and OSH Management Systems The factory does not record and Assign responsibilities to record work 27 Health submit work related accidents to related accidents. OFATMA on a monthly basis. Send a report to OFATMA and keep a copy as record May-23 Occupational Safety and OSH Management Systems Management did not define Define accountability and/or 12 Health accountability and/or responsibilities for OSH officer as well responsibilities for OSH officer as as top management. well as top management. May-23 Occupational Safety and OSH Management Systems The factory does not effectively Display OSH policies and work 12 Health communicates and implements instructions in the workplace. OSH policies. Post of evacuation plans in all buildings May-23 Occupational Safety and OSH Management Systems The employer does not Investigates monitors and measures 12 Health investigates monitors and OSH issues through: Regular test, measures OSH issues. survey and inspections. May-23 Occupational Safety and OSH Management Systems The factory does not have an Develop an emergency preparedness 12 Health emergency preparedness procedure that includes: Reporting procedure. fires, alerting all employees to evacuate, accounting for all employees after an evacuation. May-23 Occupational Safety and _ OSH Management Systems The factory does not have a Develop a hazard/risk management 12 Health hazard/risk management and and control procedure that includes: A control procedure. systematic approach to identifying hazards. May-23 Occupational Safety and OSH Management Systems The factory does not have an Develop the policy in consultation with 12 Health adequate OSH policy that is workers and their representatives signed by top management. which include measurable objectives and improvement targets. May-23 Compensation Paid Leave The calculation for annual leave Pay the lunch break. The June 13 decree suspends 27 payment does not include the the 3*8 law, so Better Work is lunch break payment. not finding non-compliance for non-payment of the lunch break. May-23 Compensation Paid Leave Sick leave payment is not based Register the workers to OFATMA 27 on the average earnings. maternity and health insurance. Send workers’ pay slip to OFATMA for sick leave payment. Calculate sick leave payment on the average daily salary. Lunch break payment is no lanaar includan [page 136] May-23 Compensation Paid Leave Maternity leave payments are not Register the workers to OFATMA 27 based on the average earnings. maternity and health insurance. Send workers’ pay slip to OFATMA for sick leave payment. Calculate sick leave payment on the average daily salary. Lunch break payment is no longer included. May-23 Compensation Paid Leave Lunch break is not compensated Pay the lunch break. The June 13 decree suspends 27 in the payroll. the 3*8 law, so Better Work is not finding non-compliance for non-payment of the lunch break. May-23 Working Time Regular Hours The regular working hours are Ensure that regular hour do not exceed The 3*8 Law stating that the 27 from 7:00 AM to 5:00 PM 48 hours per week. lunch break is an integral part including a 1 hour daily break, 5 of the eight-hour day is no days a week, which is equivalent longer applicable. to 9 hours per day and 50 hours per week. May-23 Compensation Social Security and Other The factory is affiliated with Discuss legal requirements with the 27 Benefits OFATMA for accident insurance General Manager and pay the health and payments for the fiscal year cards. 2022-2023 have been made. However, the factory did not pay the health card (CDS). May-23 Compensation Social Security and Other The calculation of the average Pay the lunch break. The June 13 decree suspends 27 Benefits salary for the payment of annual the 3*8 law, so Better Work is salary supplement or bonus does not finding non-compliance for not include the lunch break non-payment of the lunch payment. break. May-23 Compensation Social Security and Other The factory collects and forward Calculate ONA deduction on Workers' 27 Benefits workers’ contribution to ONA. basic salary However, ONA deduction are Forward worker's and employers' based on the minimum salary. contribution to ONA within the first 10 business days of the next month for the previous month. May-23 Compensation Social Security and Other The factory is not registered for Discuss legal requirements with the 27 Benefits OFATMA maternity and health General Manager. insurance. Register with OFATMA for maternity and health insurance. [page 137] May-23 Compensation Social Security and Other The factory submits employer's Calculate ONA deduction on Workers' 27 Benefits contributions to ONA. However, basic salary ONA deduction are based on the Forward worker's and employers' minimum salary. contribution to ONA within the first 10 business days of the next month for the previous month. May-23 Compensation Social Security and Other The factory is not registered for Register with OFATMA for maternity 27 Benefits OFATMA maternity and health and Health insurance. insurance. May-23 Compensation Social Security and Other The factory did not send workers Send workers pay slip to OFATMA for 27 Benefits pay slip to OFATMA for sick leave sick leave and maternity leave and maternity leave payment. payment. May-23 Compensation Termination The employer provides the Pay the lunch break. The June 13 decree suspends 27 payment for the applicable notice the 3*8 law, so Better Work is period. not finding non-compliance for non-payment of the lunch break. May-23 Compensation Termination The employer compensates Pay the lunch break. The June 13 decree suspends 27 workers for unused paid annual the 3*8 law, so Better Work is leave upon termination. not finding non-compliance for non-payment of the lunch break. May-23 Compensation Termination The employers pays workers their Pay the lunch break. The June 13 decree suspends 27 annual salary supplement upon the 3*8 law, so Better Work is termination. not finding non-compliance for non-payment of the lunch hreal May-23 Compensation Wage Information, Use and The time records between the Have an accurate and detailed payroll 27 Deduction payroll and attendance record system. did not match. May-23 Occupational Safety and Welfare Facilities Insufficient number of toilets. Increase the number of toilets as 27 Health required by law. May-23 Occupational Safety and Welfare Facilities During the factory tour assessors, Provide soap dispenser and define 2 Health observed that soap was not who will check that soap is available. available in all toilets. [page 138] May-23 Occupational Safety and Worker Protection The employer has not provided Provide employees with all necessary 27 Health proper PPE to all workers. personal protective clothing and equipment according to PPE regulation. May-23 Occupational Safety and Worker Protection The factory did not provide any Develop a training plan 27 Health training records for the use of Provide training on PPE personal protective equipment and machines. May-23 Occupational Safety and Worker Protection 90 percent of the single-needle Define who is in charge of installing 27 Health machines were missing their and regularly maintaining the machine finger guards. guards. May-23 Occupational Safety and Worker Protection During the factory tour, assessors Make sure that warning sign is posted 27 Health observed that one electrical box on the door of the electrical panel. was obstructed on the floor. May-23 Occupational Safety and Working Environment Noise level exceed 90 dB for 8 Noise level should not exceed 90 dB 12 Health hours/day. for workers exposed to noise 8 hours/day. May-23 Occupational Safety and Working Environment The factory used two of the Ensure that storage area is clean. 2 Health toilets in the packing section as Add this aspect in the daily and weekly storage. However, it is not a clean check. zone. Assessment June 2022 Jun-22 Freedom of Association Collective Bargaining Collective bargaining violation. Register all employees to OFATMA for Factory purchased the chairs 5 and Collective work related Accidents, maternity and and deliver to employees. Bargaining health insurance. The factory is registered for Provide chairs with back rest to all work related accident. workers and allocate chair for standing The factory is in the process to workers. register OFATMA maternity. Jun-22 Compensation Wage Information, Use and The time records between the Have an accurate and detailed payroll Payroll system has an accurate 20 Deduction payroll and attendance record system. detail for to know how many did not match. hours each employees worked by week. Jun-22 Compensation Paid Leave The annual leave payment is not Include the lunch break in the All payments to workers are 20 calculated based on worker's calculation of annual leave. made through CODEV/I, they average daily earnings. are the ones who make the calculations for everything related to wages and benefits. [page 139] Jun-22 Compensation Paid Leave Sick leave payment is not based Ensure that workers are registered with lunch break payment is still on 20 on the average earnings and OFATMA for maternity and Health hold. does not include the lunch break insurance. payment. Jun-22 Compensation Paid Leave Maternity leave payments are not Ensure that workers are registered with Lunch time payment is on hold. 20 based on the average earnings OFATMA for maternity and Health and does not include the lunch insurance. break payment. Jun-22 Compensation Paid Leave The lunch break is not Discuss legal requirements with the Factory is still on hold waiting 20 compensated in the payroll. General Manager for any update about this topic, Pay the lunch break. from CODEVI park administration. Jun-22 Compensation Paid Leave The factory does not pay annual Discuss legal requirements with the 20 leave, sick leave and maternity General Manager leave correctly. Pay the lunch break. Jun-22 Compensation Social Security and Other The calculation for annual salary Pay the lunch break and include it in 20 Benefits supplement or bonus does not the calculation of annual salary include the lunch break payment. supplement. Jun-22 Compensation Social Security and Other The factory did not send workers Pay the lunch break. 20 Benefits pay slip for the last 3 months to Send workers’ pay slip for the last 3 OFATMA for sick leave and months to OFATMA for payment of maternity leave payment. sick and maternity leave. Jun-22 Compensation Social Security and Other The factory did not provide any Pay the lunch break, then forward ONA payments have been 20 Benefits evidence for the payment of workers and employers' contribution made until April 2022. workers and employer's to ONA within the first 10 business contribution to ONA. days of the next month for the previous month. Jun-22 Compensation Social Security and Other They factory did not collect Pay the lunch break, forward worker's 20 Benefits workers’ contributions for and employers' contribution to OFATMA Maternity and Health OFATMA within the first 10 business insurance. days of the next month for the previous month. Jun-22 Compensation Employment Contracts The apprentice contracts were Send the apprentice contracts to the 20 not approved by the Ministry of Ministry of Labor (MAST) for approval. Labor (MAST), as legally required. [page 140] Jun-22 Compensation Employment Contracts The factory does not have Review the internal work rules. 20 internal work rules approved by Send the document to MAST for the Ministry of Labor. approval. Ensure that all the pages are stamped. Jun-22 Compensation Termination The calculation of the payment Pay the lunch break and include the 20 for the applicable notice period payment in the calculation of the does not include the lunch break notice period. payment. Jun-22 Compensation Termination The calculation of payments for Pay the lunch break and include the 20 unused paid annual leave upon payment in the calculation of annual termination does not include the leave upon termination. lunch break payment. Jun-22 Compensation Termination The calculation of annual salary Pay the lunch break and include the 20 supplement upon termination payment in the calculation of annual does not include the lunch break salary supplement upon termination. payment. Jun-22 Occupational Safety and OSH Management Systems Assessment on general Conduct monthly OHS risk The factory management 5 Health occupational safety and health in assessments in all the various sections started to hold monthly the factory is not available. of the factory including preventive and meeting with the OSH remediation action. committee members. The compliance assistant is Conducting monthly OHS risk assessments. Jun-22 Occupational Safety and OSH Management Systems The OSH committee is not active. Establish an OSH committee. Then, The factory assigned a new 5 Health Inform workers about its existence and compliance officer and its activities established an OSH committee. Management hold à meeting with the OSH committee in November. Jun-22 Occupational Safety and OSH Management Systems The factory does not record and Declare accidents to OFATMA The factory investigate 5 Health submit work related accidents to monthly. accidents and also prepare an OFATMA on a monthly basis. investigation report. Jun-22 Occupational Safety and OSH Management Systems Management did not provide any Request a structural safety certificate 5 Health structural safety certificate forthe from the city hall. building. [page 141] Jun-22 Occupational Safety and Chemnicals and Hazardous The inventory of chemical and Assign responsible persons for The Warehouse assistant is the 20 Health Substances hazardous products is updating inventories of hazardous responsible for updating the incomplete. substances in the various locations inventory for the company, the where they are stored or used. compliance officer is the person in charge of verification. Jun-22 Occupational Safety and Chemicals and Hazardous Unlabeled containers of Define who control the chemical Previous actions are currently 20 Health Substances chemicals. container on receipt from supplier and under control and supervision control the label. of the compliance officer and the compliance officer assistant. Jun-22 Occupational Safety and Chemicals and Hazardous The chemical storage areas do Ensure all chemicals and hazardous The compliance officer is in 5 Health Substances not have not all the safety substances used in the factory are charge of the verification, The requirements. stored properly. chemical storage areas has all the safety requirements in place. Jun-22 Occupational Safety and Chemicals and Hazardous MSDS not available for all Keep chemical MSDS for all The factory kept all the MSDS 20 Health Substances chemicals product. hazardous chemicals used in the in the chemical warehouse and workplace. mechanic workshop. Jun-22 Occupational Safety and Chemicals and Hazardous The factory did not provide any Develop a training plan The factory conducted a 20 Health Substances training records for workers and Provide training to workers on training in November 2021. In supervisors using chemical and chemical management. addition, the compliance team hazardous substances. has developed a training plan. Jun-22 Occupational Safety and Chemicals and Hazardous Eye wash stations are not Install eye wash facilities were The products have been moved 20 Health Substances available in all areas where chemicals are used and placed in the chemical chemical products are used. Include this aspect in the daily and warehouse where eye wash weekly checks. stations are installed. Jun-22 Occupational Safety and Worker Protection The employer has not provided Provide employees with all necessary The factory provide the PPE to 20 Health proper PPE to all workers. personal protective clothing and the employees and kept a equipment according to PPE register. the checklist has been regulation. updated. Jun-22 Occupational Safety and Worker Protection The factory did not provide any Develop a training plan Factory already done this 20 Health training records for the use of Provide training on PPE Dropbox folder as reference personal protective equipment and machines. Jun-22 Occupational Safety and Worker Protection 90 percent of the single-needle Define who is in charge of installing The eye guards have been 20 Health machines were missing their and regularly maintaining the machine _ installed. The maintenance finger guards. guards. department will make sure that each machine maintains its protector. [page 142] Jun-22 Occupational Safety and Worker Protection Improper maintenance of Insulate the exposed electrical wires. 20 Health electrical wiring and obstructed Electrical boxes should not be electrical boxes. obstructed at any time. Jun-22 Occupational Safety and Worker Protection Assessors observed that six Make sure that the door of the The hazard sign has been 20 Health electrical boxes were missing electrical panel has an hazard sign. posted and the checklist has hazard signs. been updated. Jun-22 Occupational Safety and Worker Protection The factory does not Check the body temperature of all This practice was carried out 20 Health systematically check all workers" workers as well as visitors. until May 2022. and visitors’ body temperature upon entry. Jun-22 Occupational Safety and Worker Protection It was observed that several Provide chairs with backrest for all 20 Health chairs in the sewing areas are workers. missing backrest. Add this aspect in the daily or weekly checks. Jun-22 Occupational Safety and Working Environment Temperature exceed Better Work Take action to reduce the temperature 5 Health recommendation of 30 C in all (opening in the roof, water curtain, section. additional fans). Jun-22 Occupational Safety and Working Environment Noise level exceed 90 dB in the Provide ear plug to workers in the Factory provided ear plugs to 5 Health cutting section. cutting section employees. Jun-22 Occupational Safety and Welfare Facilities Insufficient number of toilets. Discuss legal requirements with the Factory is currently working in 20 Health General Manager. the maintenance of the Increase the number of toilets as following: required by law. Men 27 toilets 15 urinals Total 42 Women 29 toilets. Jun-22 Occupational Safety and Welfare Facilities The employer has its own eating Ensure the factory has it own eating Park increase number of tables 20 Health area and workers use the area that can accommodate all the and chairs, eating area is now communal eating areas which do workers. using exclusive for Everbright not have the capacity to employees. accommodate all workers. Jun-22 Occupational Safety and Health Services and First Aid The factory does not have an Hire the required medical staff. 20 Health onsite medical facilities and staff as required by art. 478 and 479 of the labor code. Jun-22 Occupational Safety and Health Services and First Aid Less than 10 percent of the Train at least 10 percent of the 20 Health workforce is trained in first aid, as workforce recommended by Better Work. Develop à monitoring log. [page 143] Jun-22 Occupational Safety and Emergency Preparedness There was no smoke detector in Install a smoke detector in the tread 5 Health the tread room and no alarm and room, Install an alarm and smoke smoke detector in building 3. detector in building 3. Add this aspect in the daily or weekly checks. Jun-22 Occupational Safety and Emergency Preparedness Undercharged, obstructed and Install firefighting equipment in the 20 Health missing fire extinguishers were warehouse building. missing, in several areas of the workplace. Jun-22 Occupational Safety and Emergency Preparedness No evacuation plan was available Update the evacuation map and Post 20 Health in building 2 & 3 and the one evacuation map in all buildings. posted in building 1 need to be updated. Jun-22 Occupational Safety and Emergency Preparedness Assessors observed that building Increase the number of emergency exit 20 Health 3 has only one door identified as in building 3 to at least 2 emergency an exit. exits. Jun-22 Occupational Safety and Emergency Preparedness Emergency exit was locked Provide additional space for storing 20 Health during the working hours and goods. Give instruction to security and escape routes were obstructed. staff not to close gates in case of fire. Jun-22 Occupational Safety and Emergency Preparedness The factory has not conducted Conduct at least 2 emergency drill per 20 Health any drill for the past 12 months. calendar year. Insert the drills in the OSH annual training plan. Jun-22 Occupational Safety and Emergency Preparedness No occupational health and Inform workers about workplace 5 Health safety policies are posted or hazards. accessible to workers in the Post policies and procedure related to workplace. health and safety in the workplace Jun-22 Occupational Safety and Emergency Preparedness The total number of workers Train at least 10 percent of the 20 Health trained in fire-fighting is less 10 workforce. percent of the workforce as Develop à monitoring log. recommended by Better Work. Jun-22 Working Time Regular Hours The regular working hours are Discuss legal requirements with the 20 from exceed the legal limit. General Manager. Ensure that the regular working hour including the lunch break do not exceed 48 h per week. [page 144] Jun-22 Working Time Regular Hours Pregnant workers are not given Develop a procedure for pregnant 20 two additional breaks of 30 women. minutes each per day. Inform workers of their rights. Provide 2 additional breaks of 30 minutes to pregnant women. Jun-22 Working Time Regular Hours A review of the working time Have an accurate attendance All the workers were trained on 20 record and interviewed with recording system. click in and out procedure. workers revealed discrepancies Supervisors were instructed with the payroll. that they can not ask the workers to punch out at continue working. Jun-22 Contract and Human Employment Contracts The factory does not have an HR Develop an HR policy that is signed 5 Resources policy that is signed by top by top management with a clear commitment to meet all legal requirements. Jun-22 Contract and Human Employment Contracts HR job descriptions, reporting Define responsibility in writing such as 5 Resources lines, description of job duties job descriptions, reporting lines, and authority and performance description of job duties and authority evaluations are not available. and performance evaluations. Jun-22 Contract and Human Employment Contracts The communication on HR Conduct Induction training for workers. 5 Resources policies and procedures does not Provide Staff training on how to carry include Induction all the out policies and procedures. necessary steps. Display policies and internal regulations in the factory. Jun-22 Contract and Human Employment Contracts Human Resource management Develop a procedure on HR 5 Resources system document were not performance indicators. available at the time of the Have in place a monitoring systems. assessment visit. Jun-22 Contract and Human Employment Contracts Disciplinary and termination Include the following points in the 5 Resources procedures not adequate. procedure such as: - The right to defend oneself prior to termination, and to representation during disciplinary processes; - Timeframes for warnings and payments. Jun-22 Contract and Human Employment Contracts The grievance procedure is not include in the procedure 5 Resources adequate. communication of changes made and resolution. [page 145] Jun-22 Occupational Safety and OSH Management Systems Management did not define Define accountability and/or Currently factory hired a 5 Health accountability and/or responsibilities for OSH officer as well compliance officer with responsibilities for OSH officer as as top management. expertise. well as top management. Jun-22 Occupational Safety and OSH Management Systems The factory does not effectively Display OSH policies and work Evacuation plan is on hold, 55 Health communicates and implements instructions in the workplace. currently factory is working OSH policies. Post of evacuation plans in all moving some departments to buildings other areas. Jun-22 Occupational Safety and OSH Management Systems The employer does not Investigates monitors and measures 5 Health investigates monitors and OSH issues through: Regular test, measures OSH issues. survey and inspections. Jun-22 Occupational Safety and OSH Management Systems The factory does not have an Develop an accident investigation 5 Health accident investigation procedure. procedure that includes: Implementation of changes in order to avoid reoccurrence. Jun-22 Occupational Safety and OSH Management Systems The factory does not have an Develop an emergency preparedness 5 Health emergency preparedness procedure that includes: Reporting procedure. fires, alerting all employees to evacuate, accounting for all employees after an evacuation. Jun-22 Occupational Safety and OSH Management Systems The factory does not have a Develop a hazard/risk management 5 Health hazard/risk management and and control procedure that includes: A control procedure. systematic approach to identifying hazards. Jun-22 Occupational Safety and OSH Management Systems The factory does not have an Develop the policy in consultation with The factory develops a hygiene 5 Health adequate OSH policy that is workers and their representatives and safety manual. signed by top management and which include measurable objectives developed in consultation with and improvement targets. workers and their representatives. [page 146] BETTER WORK HAITI - 26TH SYNTHESIS REPORT Factory: Everest Apparel Haiti S.A. d Location: Arrondissement du Trou du Nord Number of workers: 1365 Date of registration: Jan-18 Date of last two Better Jun-22 May-23 Work assessments: Advisory and Training Services 27-Jun-23 Advisory meeting Meeting with HR manager and Union presidents to follow up on Disciplinary measures at the factory level. 10-May-23 Training Supervisory Skills (SST) 8-May-23 Training Negotiation Skills 24-Apr-23 Training GBVH Cluster Training ( Introduction, Grievance Mechanism, Gap Analysis & PFA) 18-Apr-23 Advisory meeting OSH tour on emergency preparedness and chemical handling. Meeting with trade unions about the factory operations, Follow up on retrenchment plan with Management and review of management systems. 22-Mar-23 Advisory meeting Virtual meeting with union leaders to discuss workers’ concerns leading to strike notification. Meeting with management to follow up on the announcement of the workers’ strike, retrenchment plan, lockout and disciplinary measures at the factory level. 31-Jan-23 PICC Meeting Bipartite committee meeting to discuss the training needs. 31-Jan-23 Advisory meeting Virtual OSH tour to validate pending issues on the improvement plan. Follow Up on Sexual Harassment case and Freedom of Association. Bipartite meeting, meeting with Union leaders. 1-Dec-22 Advisory meeting Meeting with union leaders to follow up on industrial disputes at the factory level. Then meeting with the compliance team to review compensation and working time. 1-Sep-22 Training BWH-TNG HIV/AIDS 26-Aug-22 Training Respectful Workplace Program for Workers 26-Aug-22 Training Respectful Workplace Program for Supervisors & Middle Management 22-Aug-22 Training Supervisory Skills (SST) ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment May 2023 May-23 Compensation Wage Information, Use and he payroll is done manually and The workers must confirm the hours 3 Deduction therefore it is not linked to the actually worked and the factory punch system. must ensure that the payroll is linked to the punch. May-23 Compensation Paid Leave Sick leave is compensated on the Send workers’ pay slip to OFATMA 21 minimum salary. on time. [page 147] May-23 Compensation Social Security and Other OFATMA accident insurance Pay OFATMA work related accident 21 Benefits payment is made late. on time. May-23 Compensation Social Security and Other Employees' deductions for ONA are Send workers contributions to ONA 21 Benefits based on the minimum salary. during the period from October 3 to November 13, 2022. Ensure that ONA deductions are made on the basic salary. May-23 Compensation Social Security and Other Employers' contribution to Send employers contributions to 21 Benefits OFATMA are based on workers’ OFATMA during the period from minimum salary. October 3 to November 13, 2022. Ensure that OFATMA deductions are made on the basic salary. May-23 Compensation Social Security and Other Employers' contributions to ONA Send employers contributions to 21 Benefits are based on workers’ minimum ONA during the period from October salary. 3 to November 13, 2022. Ensure that ONA deductions are made on the basic salary. May-23 Compensation Social Security and Other Workers' deductions for OFATMA Send workers contributions to 21 Benefits are based on the minimum salary. OFATMA during the period from October 3 to November 13, 2022. Ensure that OFATMA deductions are made on the basic salary. May-23 Occupational Safety OSH Management Systems The factory did not submit accident Records and submit accident report 12 and Health report for the months of October to OFATMA monthly. 2022. May-23 Occupational Safety OSH Management Systems Management didn't provide any Request a structural safety certificate 12 and Health structural safety certificate, from the city council. certifying the structure of the buildings meets the safety requirements for an industrial structure. May-23 Occupational Safety Chemicals and Hazardous The inventory of chemical is not Assign responsible persons for 54 and Health Substances accurate. lt is missing several updating inventories of hazardous products and the quantities are not substances in the various locations updated. where they are stored or used. [page 148] May-23 Occupational Safety Chemicals and Hazardous Unlabeled containers of chemicals Define who control the chemical 54 and Health Substances found in the workplace. container on receipt from supplier and control the label. Define who is entitled to pour chemicals in other recipients and label them. May-23 Occupational Safety Chemicals and Hazardous Improper storage of chemical and Ensure all chemicals and hazardous 54 and Health Substances hazardous products. substances used in the factory are stored properly. May-23 Occupational Safety Chemicals and Hazardous MSDS were not available for all Keep chemical MSDS for all 54 and Health Substances chemical and hazardous products hazardous chemicals used in the used in the workplace. workplace. May-23 Occupational Safety Chemicals and Hazardous Assessors did not observe any eye Provide eye wash bottles and 1 and Health Substances wash station in the boiler room of specify who will conduct regular building 3, where chemical is used. checks of the functioning of the Furthermore, the eye wash in the eyewash. mixing room is not working. May-23 Occupational Safety Worker Protection The factory did not provide Provide ear plug for workers in the 21 and Health appropriate PPE to all workers. boiler room and compressor room. May-23 Occupational Safety Worker Protection Electrical installation was not Make sure that the electrical cable 42 and Health properly maintained. are properlÿy maintained and display pictures of electrical hazards on the floor. May-23 Occupational Safety Working Environment Lux level is insufficient in cutting Ensure that lux level is at least 500 21 and Health section. in cutting section. May-23 Occupational Safety Welfare Facilities Drinking water is not tested Defines who organize regularly test 1 and Health regularly. to check the quality of the drinking water. May-23 Occupational Safety Health Services and First Medical checks were not provided Ensure that workers received 1 and Health Aid to workers within the first three medical checks in their first three months of hiring. months of hiring. May-23 Occupational Safety Health Services and First Management did not share Ensure that medical checks are 1 and Health Aid evidence that medical checks were provided twice a year to workers provided to workers exposed to exposed to work-related hazard. work-related hazard. May-23 Occupational Safety Health Services and First Management did not share Ensure that annual medical checks 1 and Health Aid evidence that annual medical are provided to all workers. checks were provided to workers. [page 149] May-23 Occupational Safety Health Services and First Insufficient number of medical Hire the required medical staff. 1 and Health Aid staff. May-23 Occupational Safety Health Services and First Less than 10 percent of the Train at least 10 percent of the 1 and Health Aid workforce is trained in first aid. workforce in first aid. May-23 Occupational Safety Emergency Preparedness Obstructed fire extinguishers found Specify who conduct daily weekly 21 and Health in the building. checks and include this in the system of daily weekly checks. May-23 Occupational Safety Emergency Preparedness During the factory tour, assessors Identify additional space for storing 21 and Health observed that the aisles in the goods. cutting section, packing section and Specify who conduct daily weekly old printing area were obstructed. checks and include this in the system of daily weekly checks. May-23 Occupational Safety Emergency Preparedness Fire drills are not conducted every Conduct at least 2 emergency drill 1 and Health six months as recommended. per calendar year, insert the drills in the OSH annual training plan, Keep records of the drill. May-23 Working Time Regular Hours Regular working hours exceed the Ensure that the regular working The June 13 decree suspends 12 legal limit hours do no exceed 48 hours per the 3*8 law. week. May-23 Working Time Regular Hours Inaccurate punch system. Have in place an Accurate 1 attendance system, all manual attendance should be acknowledge with workers’ signature. May-23 Contract and Human Employment Contracts The employer does not investigates Develop a procedure that define HR 12 Resources violations of HR policies and performance indicator, objectives procedures. and targets for each KPI then action plan when the factory do not meet the targets. May-23 Contract and Human Employment Contracts The factory has disciplinary and Include the time frame between 12 Resources termination procedures which does warnings. not include the time frame between warnings. May-23 Contract and Human Employment Contracts The factory’ grievance handling and Revised the grievance mechanism 12 Resources dispute resolution procedures does and ensure it include anonymity and not ensure anonymity and non- non-retaliation for the complainants. retaliation for the complainants. [page 150] May-23 Occupational Safety OSH Management Systems The names of OSH committee Post the names of OSH committee 12 and Health members are not posted in the members in the workplace. workplace. May-23 Occupational Safety OSH Management Systems The employer has not provided Hold a management meeting to 12 and Health sufficient evidence to indicate: define OSH measurable objectives - Regular review of OSH and targets. management system. Conduct an accident investigations after each accident in the workplace and keep records. May-23 Occupational Safety OSH Management Systems The emergency preparedness Revised the procedure and include: 12 and Health procedure does not include: Accounting for all employees after an evacuation. May-23 Occupational Safety OSH Management Systems The hazard/risk procedure does not include a risk register that drives the 12 and Health include all the necessary elements. implementation of controls (list of risks with due dates, owners and next steps). Assessment June 2022 Jun-22 Discrimination Gender Although the factory has a policy Review the policy against sexual 5 against sexual harassment, there is harassment. no evidence that the factory has Provide training to HR staff on how taken the necessary steps to to conduct sexual harassment address the cases of sexual investigation and how to apply the harassment. policy. Jun-22 Freedom of Association Interference and No valid reasons for trade union Reinstate the trade unions and 5 and Collective Discrimination terminations. develop a retrenchment policy, Bargaining Jun-22 Compensation Paid Leave The annual leave payment is not Discuss legal requirements with the The lunch break has been paid 14 calculated based on worker's General Manager. since September 2022. average daily earnings, because the Pay the lunch break factory does not compensate Calculate the annual leave payment workers for the lunch break. on the daily average earnings. Jun-22 Compensation Paid Leave The daily break is not compensated Discuss legal requirements with the The lunch break has been paid 14 and included in the calculation of General Manager. since September 2022. the sick leave payment. Pay the lunch break Jun-22 Compensation Paid Leave Maternity leave payments are Discuss legal requirements with the The lunch break has been paid 14 based on average earnings that do General Manager. since September 2022. not include the lunch break Pay the lunch break. payment. [page 151] Jun-22 Compensation Paid Leave The lunch break is not Discuss legal requirements with the The lunch break has been paid 14 compensated in the payroll. General Manager. since September 2022. Pay the lunch break. Jun-22 Compensation Paid Leave The factory does not pay annual Discuss legal requirements with the The lunch break has been paid 47 leave, sick leave and maternity General Manager. since September 2022. leave correctly. Pay the lunch break. Jun-22 Compensation Social Security and Other The calculation for annual salary Discuss legal requirements with the The lunch break has been paid 14 Benefits supplement or bonus does not General Manager. since September 2022. include the lunch break payment. Pay the lunch break. Jun-22 Compensation Social Security and Other The maternity leave and sick leave Discuss legal requirements with the The lunch break has been paid 14 Benefits payment register do not includes General Manager. since September 2022. In the lunch break payment. Pay the lunch break addition, it is included in Send workers pay slip for the last 3 workers’ pay slip for sick leave months to OFATMA for sick leave and maternity leave payment. and maternity leave payment Jun-22 Compensation Social Security and Other The employer collects and forward Discuss legal requirements with the The lunch break has been paid 14 Benefits the workers’ and employers' General Manager. since September 2022. The contribution to ONA on the Pay the lunch break contributions are sent to ONA. minimum salary. Pay ONA within the first 10 business days of the next month for the previous month. Jun-22 Compensation Social Security and Other The employer collects and forward Discuss legal requirements with the The lunch break has been paid 14 Benefits the workers’ and employers' General Manager. since September 2022. The contribution to OFATMA based on Pay the lunch break contributions are sent to the minimum salary. Pay OFATMA within the first 10 OFATMA. business days of the next month for the previous month. Jun-22 Compensation Termination The calculation of the average Discuss legal requirements with the The lunch break has been paid 14 salary for the payment for the General Manager. since September 2022. applicable notice period does not Pay the lunch break. include the lunch break payment. Jun-22 Compensation Termination The calculation of the average Discuss legal requirements with the The lunch break has been paid 14 salary for unused paid annual leave General Manager. since September 2022. upon termination does not include Pay the lunch break. the lunch break payment. Jun-22 Compensation Termination The calculation of the average Discuss legal requirements with the The lunch break has been paid 14 salary for the payment of annual General Manager. since September 2022. salary supplement upon Pay the lunch break. termination does not include the lunch break payment. [page 152] Jun-22 Compensation Termination The factory refused to follow the Follow the instructions of 5 government's recommendations to government entities. reinstate dismissed workers and decided to give their salaries and bonuses to the terminated workers. Jun-22 Discrimination Dialogue, Discipline and Verbal and physical abuse in the Provide training on workplace 33 Disputes workplace. violence. Develop a procedure on gender based vinlence Jun-22 Occupational Safety OSH Management Systems The factory did not submit accident Submit work related accident to Management ensured that 5 and Health report to OFATMA for the months OFATMA monthly. accident reports are submitted of December 2021 and January monthly to OFATMA. 2022. Jun-22 Occupational Safety OSH Management Systems Management didn't provide any Request a structural safety certificate 5 and Health structural safety certificate for the from the city council. building. Jun-22 Occupational Safety Chemicals and Hazardous Chemical inventory is not accurate. Assign responsible persons for 47 and Health Substances updating inventories of hazardous substances in the various locations where they are stored or used. Jun-22 Occupational Safety Chemicals and Hazardous Unlabeled containers of chemicals. : Define who control the chemical 47 and Health Substances container on receipt from supplier and control the label. Jun-22 Occupational Safety Chemicals and Hazardous Improper storage of chemical and Read the section on storage of the 47 and Health Substances hazardous products. MSDS of chemicals used in the factory. Then, issue instruction on proper storage. Jun-22 Occupational Safety Chemicals and Hazardous MSDS were not available for all Keep chemical MSDS for all 47 and Health Substances chemical and hazardous products hazardous chemicals used in the used in the workplace. workplace. Jun-22 Occupational Safety Worker Protection The factory did not provide Provide proper mask to workers in 14 and Health appropriate PPE to all workers. the spot cleaning area or install vacuum table. Provide safety belt for heavy lifting Jun-22 Occupational Safety Worker Protection Electrical installation was not Make sure that the door of the 35 and Health properly maintained. electrical panel is closed and display pictures of electrical hazards on the floor. [page 153] Jun-22 Occupational Safety Worker Protection Workers working at height use Provide safety cap and safety belt to 5 and Health industrial platform ladder without workers working at height. side rails of at least O.90m as recommended by the labor Code. Jun-22 Occupational Safety Working Environment Temperature exceeds Take action to reduce the 14 and Health Better Work recommended temperature such as opening in the maximum limit of 30 C. roof, water curtain or additional fans. Jun-22 Occupational Safety Working Environment Lux level is below recommended Increase the lux level in cutting, 14 and Health limit in cutting and packing section. packing section. Jun-22 Occupational Safety Working Environment The factory used one of the toilets Ensure the toilets are in good The toilet has been cleaned and 5 and Health as storage. However, it is not a conditions and clean. is in good conditions. clean zone. Jun-22 Occupational Safety Health Services and First Assessors found an expired product Equip first aid box and define 5 and Health Aid in 2 first aid boxes. responsibility for refilling. Jun-22 Occupational Safety Emergency Preparedness Improper maintenance of fire Ensure regular maintenance of fire Regular maintenance is 14 and Health extinguishers. extinguishers. planned for the fire Specify who conducts regular checks extinguishers and assignation is to make sure that the equipment is done. in place and functioning Add this aspect in the daily weekly checks. Jun-22 Occupational Safety Emergency Preparedness Obstructed aisles in several areas of Identify additional space for storing 14 and Health the workspace. goods. Specify who conduct daily weekly checks and include this in the system of daily weekly checks. Jun-22 Occupational Safety Emergency Preparedness Emergency exits were locked during Discuss with top management and 14 and Health working hours including overtime. 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. Jun-22 Working time Regular Hours The regular working hours exceed Discuss the regular working hours 5 the legal limit. 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. [page 154] Jun-22 Contract and Human Employment Contracts The communication on HR policies … Ensure that all worker contracts are 5 Resources and procedures does not include all signed. the necessary elements. Conduct induction training for workers. Provide training to HR staff on how + cars out maliriae 3nA nraradiirac Jun-22 Contract and Human Employment Contracts The employer does not investigates Develop HR performance indicators 5 Resources violations of HR policies and and have in place a monitoring procedures. systems. Investigates violations of HR policies and procedures. Jun-22 Contract and Human Employment Contracts The factory has disciplinary and Include the time frame between 5 Resources termination procedures which does warnings and payment in the not include the time frame between procedure. warnings. Jun-22 Contract and Human Employment Contracts The factory has grievance handling Ensure anonymity and non- 5 Resources and dispute resolution procedures retaliation for the complainants in but it does not ensure anonymity the procedure. and non-retaliation for the Communicate the procedure to complainants. workers. Jun-22 Occupational Safety OSH Management Systems The names of OSH committee Display the names of OSH 5 and Health members are not posted in the committee members in the workplace. workplace. Jun-22 Occupational Safety OSH Management Systems The employer has not provided Conduct management review of 5 and Health sufficient evidence to indicate: effectiveness of management - Regular review of effectiveness of system including performance on management system including measurable objectives and targets. performance on measurable Conduct accident investigations. objectives and targets. Jun-22 Occupational Safety OSH Management Systems The emergency preparedness Include in the procedure accounting 5 and Health procedure does not include: for all employees after an Accounting for all employees after evacuation. an evacuation. Jun-22 Occupational Safety OSH Management Systems The hazard/risk procedure does not include a risk register in the 5 and Health include all the necessary elements. procedures that drives the implementation of controls (list of risks with due dates, owners and next steps). Jun-22 Occupational Safety OSH Management Systems The OSH policy does not include all Include measurable objectives and 5 and Health the necessary steps. improvement targets in the policy. Hold à meeting with workers and their representatives to present the nalirw [page 155] BETTER WORK HAITI - 26TH SYNTHESIS REPORT Factory: Fairway Apparel S.A. Location: Arrondissement de Port-au-Prince Number of workers 455 Date of registration: Jan-11 Date of last two Better Mar-22 Mar-23 Work assessments: Notes. Factory was closed for parts of September and October 2022 Advisory and Training Services 17-Apr-23 Bipartite Committee Meeting Advisory summary session:- Reviewed several documents to identify the improvement made by the factory. Completed the purchasing practices training with the factory management. Meeting with the bipartite committee to: Follow-up on OFATMA maternity and health insurance. Review the new improvement plan to find out the root cause of the non-compliance and lock for remediation action needed. 7-Jul-23 Training Virtual GBVH Cluster Training (Introduction, Grievance Mechanism, Gap Analysis & PFA) 18-Jul-23 Training Virtual Sexual Harassment Awareness and Prevention for Workers 21-Jul-23 Training Virtual Sexual Harassment Awareness and Prevention for Supervisors 13-Sep-22 Bipartite Committee Meeting Meeting with the PICC to: - Review of the improvement plan - Document review: HR procedures Finally, monitoring the needs of the bipartite committee. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment March 2023 Mar-23 Occupational Safety and OSH Management Systems The OSH policy does not meet allthe Update and adjust OSH policy and 16 Health requirements. procedures. Mar-23 Occupational Safety and OSH Management Systems The factory does not have a Update and adjust hazard/risk 16 Health hazard/risk management and control management and control procedures. procedure that includes all the requirements. Mar-23 Occupational Safety and OSH Management Systems The factory does not have a written Revise the accident investigation 16 Health accident investigation procedure that procedure to include root cause includes all the requirements. analysis. Mar-23 Occupational Safety and OSH Management Systems The employer has failed to Ensure that all OSH issues are 16 Health investigate, monitor and measure investigated, monitored and OSH issues as required. measured accurately. [page 156] Mar-23 Contracts and Human Employment Contracts The grievance handling and dispute Review the procedure and include fair 16 Resources resolution procedures does not review and appeal process, include all the necessary elements. communication of changes made or resolution. Mar-23 Contracts and Human Employment Contracts The disciplinary and termination Review the procedure to include 16 Resources procedures does not include all the details on the workers’ rights to necessary steps. defend themselves prior to termination, and to representation during disciplinary processes Mar-23 Contracts and Human Employment Contracts The factory does not properly Review the procedure to identify 16 Resources investigate violations of HR policies weaknesses and make necessary and procedures. adjustments to prevent recurrence. Mar-23 Working Time Regular Hours Inaccurate attendance records. Ensure that workers are directly 16 accountable for effectively recording their own working time Mar-23 Working Time Regular Hours The required break was not provided Give the legally required break to all 16 to pregnant women. pregnant women. Mar-23 Working Time Regular Hours Regular working hours did not meet Modify the internal work rules and (e) legal requirements. ensure the regular working hours do not exceed 8 hours per day and 48 hours per week Mar-23 Occupational Safety and Emergency Preparedness Insufficient number of workers Train at least 10% of the workforce on The factory has trained 14 26 Health trained in the use of fire-fighting the use of fire-fighting equipment. additional worker in the use of fire- equipment fighting equipment. However, this training was not provided by a certified company or trainer. Mar-23 Occupational Safety and Emergency Preparedness The employer did not conduct at Conduct fire drill at least twice a year. 26 Health least 2 emergency drills per year. Mar-23 Occupational Safety and Emergency Preparedness Obstructed aisles in several sections Keep routes unobstructed during Now the stairs in the cutting 59 Health of the workspace. working hours. section is unobstructed during working hours including overtime. Mar-23 Occupational Safety and Emergency Preparedness Unmarked escape routes, were Ensure that the escape routes in the 16 Health observed during the assessment. warehouse building are clearlyÿ marked Mar-23 Occupational Safety and Emergency Preparedness Improper maintenance of fire Provide adequate firefighting The factory unobstructed the fire 26 Health extinguishers. equipment and Ensure regular extinguisher on the sewing floor. maintenance is done. [page 157] Mar-23 Occupational Safety and Health Services and First Insufficient number of workers Train at least 10 percent of the The factory has trained 15 26 Health Aid trained in first aid. workforce in first aid. additional workers in first aid. Mar-23 Occupational Safety and Health Services and First First aid boxes are missing basic The factory needs to designate a 26 Health Aid items and one expired medicine. person to monitor the inventory of the first aid boxes. Mar-23 Occupational Safety and Health Services and First Insufficient medical personnel. Hire additional nurses to comply with 59 Health Aid the labor code. Mar-23 Occupational Safety and Health Services and First Incomplete annual medical checks Proactively work with OFATMA to 59 Health Aid provide to workers. distribute the health cards and conduct the medical checks as reauired Mar-23 Occupational Safety and Health Services and First Incomplete medical checks provide Proactively work with OFATMA to 59 Health Aid twice a year to workers exposed to distribute the health cards and work-related hazards conduct the medical checks as required Mar-23 Occupational Safety and Health Services and First Incomplete medical checks provide Proactively work with OFATMA to 59 Health Aid Within the first three months of hiring distribute the health cards and to workers. conduct the medical checks as required Mar-23 Occupational Safety and Welfare Facilities Insufficient number of Toilets. Increase the number of toilets. (e] Health Mar-23 Occupational Safety and Working Environment light levels were inappropriate in Ensure the lighting is adequate and 26 Health some working sections. adapted to worker's needs. Mar-23 Occupational Safety and Worker Protection Assessors observed that standing Provide standing mats or foot rests to 26 Health workers were not provided with all standing workers. ergonomic mats. Mar-23 Occupational Safety and Worker Protection Sewing machines were missing pulley Install the proper safety guards on all (e] Health guards. machines. Mar-23 Occupational Safety and Worker Protection The factory did not provide Provide proper PPE to all workers, 16 Health appropriate PPE to all workers. including weight lifting belts and masks. Mar-23 Occupational Safety and Chernicals and Hazardous Eye wash station is not available in Install eye wash stations in all places 16 Health Substances the chemical room. where chemical and hazardous substances are used. Mar-23 Occupational Safety and Chemicals and Hazardous MSDSs are not available in local Translate MSDS in the local language 16 Health Substances language for all chemicals used in the and post them where chemical workplace. products are used. [page 158] Mar-23 Occupational Safety and Chemicals and Hazardous The factory does not have Ensure that the factory has a proper (o] Health Substances appropriate chemical storage area. chemical storage with all requirements safety Mar-23 Occupational Safety and Chernicals and Hazardous Chemicals and Hazardous Label all chemicals and hazardous 16 Health Substances Substances not properly labelled in substances used in the workplace. the mechanic workshop. Mar-23 Occupational Safety and Chernicals and Hazardous Inventory of chemicals and Update inventory of chemicals and il Health Substances hazardous substances is not hazardous substances in the updated. workplace. Mar-23 Occupational Safety and OSH Management Systems The structural safety certificate was Request a structural safety certificate (e] Health not available. from the city hall Mar-23 Occupational Safety and OSH Management Systems The factory does not record and Record and submit work related (e) Health submit work-related accidents to accidents to OFATMA on a monthly OFATMA on a monthly basis. basis. Mar-23 Occupational Safety and OSH Management Systems The factory did not provide any keep records of the meeting minutes (e] Health evidence of OSH bipartite meeting or on a monthly basis. minutes for the last 12 months. Mar-23 Occupational Safety and OSH Management Systems The factory did not provide any Conduct and keep records of the (o] Health evidence of OSH assessments assessment result on a monthly basis. reports for the last 12 months. Mar-23 Contracts and Human Termination The calculation of the annual salary Pay workers their annual salary The June 13 decree suspends the 61 Resources supplement or bonus upon supplement upon termination and 3*8 law. The lunch break payment termination does not include the include the lunch break payment in is no longer required. lunch break payment. the calculation Mar-23 Contracts and Human Termination The calculation for unused paid Pay the unused paid annual leave The June 13 decree suspends the il Resources annual leave upon termination does upon termination and include the 3*8 law. The lunch break payment not include the lunch break payment. lunch break payment in the is no longer required. calculation Mar-23 Contracts and Human Termination The calculation of the payment for Pay the applicable notice period and The June 13 decree suspends the 61 Resources the applicable notice period does not include the lunch break payment in 3*8 law. The lunch break payment include the lunch break payment. the calculation is no longer required. Mar-23 Contracts and Human Employment Contracts Inaccurate workers contract. Ensure that workers are issued 16 Resources contracts with benefits matching the true nature of their jobs. [page 159] Mar-23 Compensation Social Security and Other The factory does not collect and Collect workers contribution on the The June 13 decree suspends the 61 Benefits forward workers contribution to basic salary for all workers and 3*8 law. The lunch break payment OFATMA for all workers. forward it on time. is no longer required. Now the factory register 132 out of 471to OFATMA maternity and health insurance. Mar-23 Compensation Social Security and Other The calculation of employer's Calculate ONA contributions on the The June 13 decree suspends the il Benefits contribution for ONA payment is basic salary, and forward it on time. 3*8 law. The lunch break payment inaccurate and payments are made is no longer required. late consistently. Mar-23 Compensation Social Security and Other The Factory does not forward Forward employer's contribution to The June 13 decree suspends the 61 Benefits employers contribution to OFATMA OFATMA maternity and health 3*8 law. The lunch break payment for all workers. insurance on the basic salary for all is no longer required. Now the workers. factory register 132 out of 471to OFATMA maternity and health insurance Mar-23 Compensation Social Security and Other The calculation of workers’ Calculate ONA contributions on the The June 13 decree suspends the 61 Benefits contribution for ONA payment is basic salary, and forward it on time. 3*8 law. The lunch break payment inaccurate and payments are made is no longer required. late consistently. Mar-23 Compensation Social Security and Other Inaccurate payment for annual salary Pay annual leave based on average The June 13 decree suspends the 61 Benefits supplement. earnings. 3*8 law. The lunch break payment is no longer required. Mar-23 Compensation Social Security and Other Inaccurate payment to OFATMA for Complete the payment for OFATMA 50 Benefits work-related accident insurance. work related accident for the fiscal year 2022-2023. Mar-23 Compensation Paid Leave The June 13 decree suspends the 3*8 The June 13 decree suspends the 3*8 The June 13 decree suspends the 61 law, so Better Work is not finding non- law, so Better Work is not finding non- 3*8 law. The lunch break payment compliance for non-payment of the compliance for non-payment of the is no longer required. lunch break. lunch break. Mar-23 Compensation Paid Leave Inaccurate payment for maternity Calculate the maternity leave The June 13 decree suspends the il leave. payment on worker's average daily 3*8 law. The lunch break payment earnings. is no longer required. Pay 12 weeks of maternity leave to workers Mar-23 Compensation Paid Leave Inaccurate sick leave payment. Pay sick leave based on average The June 13 decree suspends the 61 earnings. 3*8 law. The lunch break payment is no longer required. Mar-23 Compensation Paid Leave Inaccurate annual leave payment. Pay annual leave based on average The June 13 decree suspends the il earnings. 3*8 law. The lunch break payment is no longer required. [page 160] Mar-23 Compensation Overtime Wages Inaccurate payment to workers work Ensure that hours worked on 17 on Saturday. Saturday are accurately compensated as overtime hours to all eligible workers Assessment March 2022 Mar-22 Occupational Safety and OSH Management Systems The OSH policy does not meet all the Update and adjust OSH policy and Factory will be reviewing the OSH ® Health requirements. procedures. policy. Mar-22 Occupational Safety and OSH Management Systems The factory does not have a Update and adjust hazard/risk 9 Health hazard/risk management and control management and control procedures. procedure that includes all the requirements. Mar-22 Occupational Safety and OSH Management Systems The factory has a written accident Revise the investigation procedure to ® Health investigation procedure that does not _ include root cause analysis. includes all the requirements. Mar-22 Occupational Safety and OSH Management Systems The factory does not fully Ensure that all parameters are 9 Health investigates performance of HR. reviewed during the HR review. Mar-22 Contract and Human Employment Contracts Inaccurate workers contract. Ensure that workers are issued 9 Resources contracts with benefits matching the true nature of their jobs. Mar-22 Contracts and Human Employment Contracts The grievance handling and dispute Review the procedure and include fair 9 Resources resolution procedures does not review and appeal process, include all the necessary elements. communication of changes made or resolution. Mar-22 Contracts and Human Employment Contracts The disciplinary and termination Review the procedure to include 9 Resources procedures do not include all the details on the workers’ rights to necessary steps. defend themselves prior to termination, and to representation during disciplinary processes. Mar-22 Contracts and Human Employment Contracts The factory does not properly Review the procedure to identify 9 Resources investigate violations of HR policies weaknesses and make necessary and procedures. adjustments to prevent recurrence. Mar-22 Working Time Leave The factory provides payment to Factory must provide all workers with 9 security guards in place of annual 15 days of paid annual leave as leave. required by law. [page 161] Mar-22 Working Time Regular Hours Inaccurate attendance records. Use one punch system to record all 9 hours worked and include all payments in the regular payroll. Mar-22 Working Time Regular Hours The required break was not provided Provide pregnant women with tow ® to pregnant women. additional breaks of 30 minutes each. Mar-22 Occupational Safety and Emergency Preparedness Insufficient number of workers Train at least 10% of the workforce on 19 Health trained in the use of fire-fighting the use of fire-fighting equipment. equipment Mar-22 Occupational Safety and Emergency Preparedness The factory has not conducted any Ensure that the factory conduct a fire 19 Health fire drill in the last 12 months. drill and emergency awareness training every 6 month. Mar-22 Occupational Safety and Emergency Preparedness Obstructed aisles in several sections Keep routes unobstructed during All routes are unobstructed during 52 Health of the workspace. working hours. working hours. Mar-22 Occupational Safety and Emergency Preparedness The evacuation map does not reflect Ensure that the evacuation plan is Evacuation plan has been ® Health the current layout of the factory. updated. updated. Mar-22 Occupational Safety and Emergency Preparedness Improper maintenance of fire Provide adequate firefighting Factory fixed the issue with the 19 Health extinguishers. equipment and Ensure regular fire extinguisher in the trim maintenance is done. warehouse Mar-22 Occupational Safety and Health Services and First Insufficient number of workers Train at least 10 percent of the 19 Health Aïd trained in first aid. workforce in first aid. Mar-22 Occupational Safety and Health Services and First First aid boxes are missing basic The factory needs to monitorthe first All missing items has been replace 19 Health Aid items. aid boxes and ensure that missing in all first aid boxes. items are replaced promptly. Mar-22 Occupational Safety and Health Services and First Insufficient medical personnel. Hire additional nurses to comply with 52 Health Aid the labor code. Mar-22 Occupational Safety and Health Services and First Free health checks are not Pay OFATMA for the Health Card and 52 Health Aid systematically provided to workers. ensure that annual health check are provided to workers. [page 162] Mar-22 Occupational Safety and Health Services and First Medical checks are not provided Pay OFATMA for the Health Card and 52 Health Aid twice a year to workers exposed to ensure that health check are provided work-related hazards. to workers exposed to work-related hazard at least twice a year. Mar-22 Occupational Safety and Health Services and First The factory does not systematically Pay OFATMA for the Health Card and 52 Health Aid provide free health checks within the provide health check to new workers first three months of hiring that cover within the first three month of being all required exams. hired. Mar-22 Occupational Safety and Welfare Facilities The factory does not perform regular Water must be tested every month by 19 Health test on the water filtration system. a certified laboratory. Mar-22 Occupational Safety and Working Environment Light levels were inappropriate in all Provide adequate lighting as 19 Health working sections. recommended by Better Work. Mar-22 Occupational Safety and Working Environment Workplace temperature levels are Monitor the temperature level and 40 Health unacceptable. maintain it under 30 C inside the workplace. Mar-22 Occupational Safety and Worker Protection Assessors observed that standing Provide standing mats or foot rests to The factory provide ergonomics 19 Health workers were not provided with all standing workers. mats to all standing workers. ergonomic mats. Mar-22 Occupational Safety and Worker Protection The factory does not systematically Systematically check all body 19 Health check body temperature upon entry. temperature upon entry and keep a registry for all persons who present a temperature of 38C and above. Mar-22 Occupational Safety and Worker Protection The employer did not take any Take the appropriate measure to 34 Health measures to maintain a social respect a social distance of 1.5m. distance of 1.5 m. Mar-22 Occupational Safety and Worker Protection Management did not provide workers Provide workers with the necessary 54 Health With training on the use of protective training to use personal protective equipment. equipment and machinery. Mar-22 Occupational Safety and Worker Protection The factory did not provide Provide proper PPE to all workers, Factory has provided PPE to all 9 Health appropriate PPE to all workers. including weight lifting belts and hard worker. hats. Mar-22 Occupational Safety and Chemicals and Hazardous Eye wash station is not available in Install eye wash stations in all places 9 Health Substances the mechanic workshop. where chemical and hazardous substances are used. [page 163] Mar-22 Occupational Safety and Chemicals and Hazardous Chemical safety data sheets were not Translate and post MSDS where 9 Health Substances available in the mechanic workshop. chemicals are used in the workplace. Mar-22 Occupational Safety and Chernicals and Hazardous Chemicals and Hazardous Label all chemicals and hazardous 9 Health Substances Substances not properly labelled in substances used in the workplace. the mechanic workshop. Mar-22 Occupational Safety and Chemnicals and Hazardous Inventory of chemicals and Update inventory of chemicals and The factory updated the inventory 54 Health Substances hazardous substances is not hazardous substances in the for chemicals and hazardous updated. workplace. substances used in the workplace. Mar-22 Contracts and Human Termination Inaccurate notice period upon Factory needs to apply the law and 54 Resources termination. pay the lunch break. Mar-22 Contracts and Human Termination Inaccurate unused paid annual leave Factory needs to apply the law and 54 Resources upon termination. pay the lunch break. Mar-22 Contracts and Human Termination Inaccurate annual salary supplement Factory needs to apply the law and 54 Resources or bonus payments upon pay the lunch break. termination. Mar-22 Compensation Social Security and Other ONA payments are consistently late. Calculate ONA contributions on the 54 Benefits average salary, include the lunch break payment and forward it on time. Mar-22 Compensation Social Security and Other The factory is not affiliated to Factory needs to register with Factory is registered with OFATMA 54 Benefits OFATMA for maternity and health OFATMA maternity and health maternity and health insurance, insurance. insurance. but payment will start on August according to management Feb-21 Compensation Social Security and Other Inaccurate payment to OFATMA for Complete the payment for OFATMA 43 Benefits work-related accident insurance. work related accident for the fiscal year 2021-2022 Mar-22 Compensation Social Security and Other Inaccurate calculation for the annual Factory needs to apply the law and 54 Benefits salary supplement or bonus. pay the lunch break. Mar-22 Compensation Paid Leave The factory pays workers incorrectly The factory needs to pay all types of 54 for all types of paid time leave. leave based on worker's average daily earnings by including the lunch break payment. [page 164] Mar-22 Compensation Paid Leave Lunch break is not compensated in Pay the daily lunch break accurately 54 the payroll. to all workers. Mar-22 Compensation Paid Leave Inaccurate payment for maternity The factory needs to register with Factory is registered with OFATMA 54 leave. OFATMA for maternity and health maternity and health insurance, insurance that will allow workers to but payment will start on August received 12 weeks of payments. The according to management factory also need to pay for the lunch benne Mar-22 Compensation Paid Leave Inaccurate payment for sick leave. Factory needs to apply the law and 54 pay the lunch break. Feb-21 Compensation Premium Pay Inaccurate payment to workers work Ensure that hours worked on 10 on Saturday. Saturday are accurately compensated as overtime hours to all eligible workers [page 165] BETTER WORK HAITI - 26TH SYNTHESIS REPORT Factory: HAITI BEST SEWING MFG SA Location: Arrondissement de Port-au-Prince Number of workers: 269 Date of registration: Oct-09 Date of last two Better Mar-22 Mar-23 Work assessments Advisory and Training Services 17-Mar-23 advisory meeting Advisory summary session:- Reviewed several documents to identify the improvement made by the factory. Completed the purchasing practices survey with the factory management. Meeting with the factory management to get an update on the factory situation. Meeting with the union in the factory to follow-up on the working condition. 17-Mar-23 Training Virtual Purchasing Practices 1-Dec-22 advisory meeting Advisory service to discuss about: The factory situation (workers suspension, insecurity) Improvement plan review PRI due by the factory 15-Sep-22 Advisory meeting Meeting was done to: Review improvement plan Plan next meeting with workers to conform the PICC ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment March 2023 Mar-23 Occupational Safety and Chemicals and Hazardous Inventory of chemicals and Prepare an inventory for 130 Health Substances hazardous substances was not chemical and hazardous available at the time of the substances in the workplace. assessment visit. Keep the inventory updated. Mar-23 Occupational Safety and Chemicals and Hazardous MSDSs are not available in local Translate MSDS in the local 136 Health Substances language for all chemicals used in language and post them where the workplace. chemical products are used. Mar-23 Occupational Safety and Chemicals and Hazardous Workers are not trained on the use Provide chemical management 131 Health Substances and handling of chemicals and system training to all workers hazardous substances. using chemicals and hazardous substances. [page 166] Mar-23 Occupational Safety and Chemicals and Hazardous Eye wash station is not available in The factory needs to install 18 Health Substances the mechanic workshop. eyewash station in all areas where chemical products are used. Mar-23 Occupational Safety and Emergency Preparedness Fire extinguishers are not properly Provide adequate firefighting 80 Health maintained equipment and Ensure regular maintenance is done. Mar-23 Occupational Safety and Emergency Preparedness The employer did not conduct at Conduct fire drill at least twice a 14 Health least 2 emergency drill per year. year. Mar-23 Occupational Safety and Emergency Preparedness Alarm system is not functioning in Fire alarm system need to be 80 Health the embroidery building installed and working properly in all buildings. Mar-23 Occupational Safety and Emergency Preparedness Inaccurate evacuation plan and the Update and post an evacuation 99 Health floor is not properly marked. plans for all buildings, and ensure that escape routes are clearly marked. Mar-23 Contract and Human Employment Contracts Inaccurate workers contract. Ensure the written contracts 18 Resources specify the amount or salary for the position. Mar-23 Contract and Human Employment Contracts The factory did not share an Ensure that the factory has an 15 Resources internal work rules with the approve internal work rules by assessors. MAST. Mar-23 Contract and Human Employment Contracts The factory does not investigates Develop a procedure on HR 18 Resources HR performance and issues. performance indicators and monitoring systems. Mar-23 Contract and Human Employment Contracts The factory did not share a Develop a disciplinary and 18 Resources disciplinary and termination termination procedures that procedures. includes all the step. Mar-23 Contract and Human Employment Contracts The factory did not share a Develop a recruitment 18 Resources recruitment procedures. procedures that include all the step. [page 167] Mar-23 Contract and Human Employment Contracts The grievance handling and dispute Review the procedure and 18 Resources resolution procedures does not include clear specification for a include all the necessary elements. fair review process and how changes should be communicated. Mar-23 Contract and Human Employment Contracts The factory does not have an HR Make sure the factory has an 18 Resources policy that include all the necessary HR policy sign by the top elements. management with of all the necessary elements. Mar-23 Occupational Safety and Health Services and First Insufficient medical personnel. Hire additional nurses and 3 130 Health Aid doctor's visits per week to comply with the labor code. Mar-23 Occupational Safety and Health Services and First Products in first aid boxes are The factory needs to designate 18 Health Aid missing the expiration date. a person to monitor the first aid boxes. Mar-23 Occupational Safety and Health Services and First Insufficient number of workers Train at least 10 percent of the 27 Health Aid trained in first aid. workforce in first aid. Mar-23 Occupational Safety and Health Services and First Free health checks was not Proactively work with OFATMA LE Health Aid provided to workers within the first to distribute the health cards three months of hiring. and conduct the medical checks as required Mar-23 Occupational Safety and Health Services and First Free health checks was not Proactively work with OFATMA 58 Health Aid provided to workers exposed to to distribute the health cards work-related hazards. and conduct the medical checks as required Mar-23 Occupational Safety and Health Services and First Free annual health checks was not Proactively work with OFATMA m Health Aid provided to workers. to distribute the health cards and conduct the medical checks as required Mar-23 Occupational Safety and OSH Management The factory did not provide any Conduct and keep records of 122 Health Systems evidence of OSH assessments the assessment result on a reports for the last 12 months. monthly basis. Mar-23 Occupational Safety and OSH Management The factory did not provide any keep records of the meeting 28 Health Systems evidence of OSH bipartite meeting minutes on a monthly basis. minutes for the last 12 months. [page 168] Mar-23 Occupational Safety and OSH Management The structural safety certificate was Request a structural safety 28 Health Systems not available. certificate from the city hall. Mar-23 Occupational Safety and OSH Management The employer does not adequately Ensure that the factory 18 Health Systems assigns accountability for health conduct the joint OSH and safety to OSH Officers and HR Committee meetings to Director address OSH issues. Mar-23 Occupational Safety and OSH Management The factory does not communicate Ensure that training are 18 Health Systems and implement OSH policies and provided to all relevant staff. procedures. Mar-23 Occupational Safety and OSH Management The employer has failed to Ensure that all OSH issues are 18 Health Systems investigate, monitor and measure investigated, monitored and OSH issues as required. measured accurately. Mar-23 Occupational Safety and OSH Management The factory does not have an Create an accident investigation 18 Health Systems accident investigation procedure. procedure that includes all the necessary steps. Mar-23 Occupational Safety and OSH Management The factory does not have a Create a hazard/risk 18 Health Systems hazard/risk management and management and control control procedure. procedure that includes that all the requirements. Mar-23 Occupational Safety and OSH Management The OSH policy signed by senior Update and adjust OSH policy 18 Health Systems management does not meet all the and procedures. requirements. Mar-23 Compensation Paid Leave Inaccurate annual leave payment. Calculate the annual leave on 18 worker's daily average earnings as specified in Art. 148. Mar-23 Compensation Paid Leave The factory were not able to Ensure that all documents are 18 provide evidence sick leave available in the HR payment. department. Mar-23 Compensation Social Security and Other Late payment to OFATMA Forward all worker's 68 Benefits maternity and health insurance. contribution on time to OFATMA for maternity and health. Mar-23 Compensation Social Security and Other Inaccurate payment to OFATMA Complete the payment for 27 Benefits for work-related accident OFATMA work related accident insurance. for the fiscal year 2022-2023. Mar-23 Compensation Social Security and Other Workers' contributions to ONA is Forward worker's contribution 68 Benefits forwarded late. on time to ONA. [page 169] Mar-23 Compensation Social Security and Other Employer's contributions to ONA is Forward employer's 68 Benefits forwarded late. contribution on time to ONA. Mar-23 Compensation Social Security and Other Late payment to OFATMA Forward all employer's 68 Benefits maternity and health insurance. contribution on time to OFATMA for maternity and health. Mar-23 Compensation Social Security and Other The factory did not send workers Send the workers’ pay slip to 18 Benefits pay slip to OFATMA for sick leave OFATMA for sick leave and maternity leave payment. payment as required by Law. Mar-23 Contract and Human Termination Inaccurate payment for unused Calculate the unused paid 18 Resources paid annual leave when they resign annual leave on worker's daily or are terminated. average earnings as specified in Art. 148. Mar-23 Occupational Safety and Welfare Facilities The factory does not conduct the Conduct a water test every 18 Health water test on a monthly basic. month to check the quality of the drinking water. Mar-23 Occupational Safety and Worker Protection Several sewing machines were Install the proper safety guards 18 Health missing eye guards, finger guards on all machines. and pulley guards. Mar-23 Occupational Safety and Worker Protection No evidence of training on personal Develop a training plan and 18 Health protective equipment was provide training on personal available. protective equipment to workers Mar-23 Occupational Safety and Worker Protection Improper maintenance of electrical Ensure that all electrical panel 58 Health system of the factory. are accessible and all circuit breakers are identified. Assessment March 2022 Mar-22 Compensation Social Security and Other The factory did not provide any Pay OFATMA for accident 20 Benefits proof of payment for OFATMA insurance for the fiscal year accident insurance for the fiscal 2021-2022 as per the year 2021-2022. agreement with OFATMA. Mar-22 Compensation Social Security and Other Factory does not consistently Factory need to deduct QI Benefits collect and forward ONA contributions from worker contributions on time. regularly and submit them to ONA within the first 10 working days of the following month. [page 170] Mar-22 Compensation Social Security and Other Factory does not consistently Factory need to deduct 61 Benefits collect and forward OFATMA contributions from worker contributions on time. regularly and submit them to OFATMA within the first 10 working days of the following month. Mar-22 Contracts and Human Employment Contracts The factory did not share an Factory needs to review the 8 Resources internal work rules with the name internal work rules with the of Haiti Best Sewing assessors. name of Haiti Best Sewing and submit it to the Ministry of Labor for approval. Mar-22 Occupational Safety and OSH Management Management did not provide Develop an OSH assessment 123 T5 Health Systems evidence of OSH assessment procedure and conduct an OSH reports for the last 12 months. general assessment on a monthly basis. Mar-22 Occupational Safety and OSH Management The employer has not developed Develop mechanism to ensure 51 Health Systems any mechanism to ensure cooperation on OSH matters, cooperation on OSH matters. by establishing an OSH committee. Mar-22 Occupational Safety and OSH Management Factory does not have a building Have the building inspected by 21 Health Systems permits that covers all structures. the proper authorities and provide the certificate. Mar-22 Occupational Safety and Chemicals and Hazardous Inaccurate Inventory of chemicals Update inventory of chemicals 123 Health Substances and hazardous substances. and hazardous substances in the workplace. Mar-22 Occupational Safety and Chemicals and Hazardous Unidentified container chemical Label all chemicals and 123 Health Substances and hazardous substances found in hazardous substances used in the workplace. the workplace. Mar-22 Occupational Safety and Chemicals and Hazardous Chemicals and hazardous Remove chemical from the sun. 4 Health Substances substances were not properly Store the chemicals and stored hazardous substances appropriately. Mar-22 Occupational Safety and Chemicals and Hazardous MSDSs are not available in local Post MSDS where all chemical 129 Health Substances language for all chemicals used in products are used. the workplace. [page 171] Mar-22 Occupational Safety and Chemicals and Hazardous The factory did not train workers Provide training to all workers Management did not know 124 Health Substances using chemical and hazardous who are working with that workers were using substances. chemicals. chemical products. Keep a record of the training Management will follow up provided. on this issue. Mar-22 Occupational Safety and Worker Protection Management did not provide any Provide training n the use of All workers know it is T Health evidence of training provided to PPE and machines to al necessary to use the workers to properly use personal workers. protection on the machines. protective equipment and machines Mar-22 Occupational Safety and Worker Protection Several sewing machines were Install the necessary guards on ll Health missing finger guards, eye guards all machines. and pulley guards. Mar-22 Occupational Safety and Worker Protection Improper maintenance of electrical Make sure that all electrical 51 Health system. boxes are closed or covered. Post hazard sign on all electrical panels. Mar-22 Occupational Safety and Worker Protection The factory does not keep a Keep a register for workers who ll Health checklist to register workers who present a temperature of 38C present a body temperature of 38C or above. and above. Mar-22 Occupational Safety and Worker Protection The employer did not provide Provide standing mats to all Lil Health sufficient ergonomic equipment to workers. Provide chairs with workers. backrest to all workers. Mar-22 Occupational Safety and Working Environment Workplace temperature levels are Monitor the temperature level 123 Health unacceptable. and maintain it under 30 C inside the workplace. Mar-22 Occupational Safety and Working Environment Light levels were inappropriate in Ensure the lighting is adequate 63 Health all the working sections. and adapted to worker's needs. Mar-22 Occupational Safety and Working Environment The mechanic shop was not well Keep mechanic workshop clean ll Health maintained. and tidy. Mar-22 Occupational Safety and Welfare Facilities Insufficient number of Toilets. Increase the number of toilets. 123 Health [page 172] Mar-22 Occupational Safety and Health Services and First Health checks is not provided to Pay the CDS and coordinate 106 Health Aid workers within the first three with OFATMA to provide free months of hiring. health checks to the workers within the first three months of hirine Mar-22 Occupational Safety and Health Services and First Free health checks was not Provide health checks to 51 Health Aid provided to workers exposed to workers exposed to work- work-related hazards. related hazards at least twice a year. Mar-22 Occupational Safety and Health Services and First Free annual medical checks was Arrange free annual medical 104 Health Aid not provided to workers. checks for workers. Mar-22 Occupational Safety and Health Services and First Insufficient number of medical Medical service for the factory 123 Health Aid personnel. must have a permanent onsite medical service, with at least 2 nurses and 3 doctor's visits per week. Mar-22 Occupational Safety and Health Services and First First aid boxes are missing supplies Develop a checklist to verify the il Health Aid and they have expired products. inventory of products in the first aid boxes. Have a schedule to check the boxes on a weekly basis. Assign somebody who is responsible to replenish the boxes. Mar-22 Occupational Safety and Health Services and First Less than 10 percent of the The factory must provide first 20 Health Aid workforce was trained in first aid. aid training to at least 10 percent of the workers present. Mar-22 Occupational Safety and Emergency Preparedness Fire alarm system is not installed in Fire alarm system need to be 73 Health several buildings. installed and working properly in building 2 and the cutting building Mar-22 Occupational Safety and Emergency Preparedness Obstructed fire extinguishers and Keep fire extinguisher Factory has done the 73 Health improper maintenance of fire unobstructed. Train workers correction. extinguishers. and supervisors on the use and importance of fire extinguishers. [page 173] Mar-22 Occupational Safety and Emergency Preparedness Inaccurate and missing evacuation Prepare the evacuation plan. 92 Health plan. The factory floor Paint evacuation arrows and is not properly marked. signs. Paint yellow lines on the floor to show the exit pathway. Specify who conducts additional daily weekly checks (and include this in the system of daily weekly checks). Mar-22 Occupational Safety and Emergency Preparedness The aisles were obstructed by Remind supervisors about their ll Health tables and boxes. responsibility to enforce OSH in their area. identify additional storage area Review and update the internal audit procedure. Mar-22 Occupational Safety and Emergency Preparedness The factory did not conduct an Ensure that the factory conduct 107 Health emergency drill every 6 months as fire drills and emergency recommended by Better Work. awareness training every 6 month to prepare and inform of possible workplace emergencies. Mar-22 Occupational Safety and Emergency Preparedness Less than 10 percent of the Training needed for workers in Health workforce was trained in fire fire fighting. fighting. Mar-22 Occupational Safety and Emergency Preparedness Evidence of risk assessment was Develop risk assessment Management will develop a 45 Health not available. procedure. Perform regular risk risk assessment procedure. assessment. Mar-22 Working Time Regular Hours Factory does not provide the Give the legally required break Factory will develop policy 20 legally required breastfeeding to all nursing women. for pregnant and nursing breaks to nursing women. women. Policy will be posted on the factory floor. Mar-22 Contracts and Human Employment Contracts The factory has HR policy does not Review the procedure to Management will review the 1 Resources include all the necessary elements. include: HR policy. Preventing sexual harassment Equal treatment and non- discrimination Freedom of association [page 174] Mar-22 Contracts and Human Employment Contracts The factory does not have an Review the actual procedure to Management will review the Lil Resources appropriate disciplinary and include disciplinary and disciplinary and termination termination procedures. termination procedures that procedures to include all includes: Unacceptable the necessary steps. behaviors or performance Legal notice periods and termination payments A step-by-step warning system. The right to defend oneself prior to termination, and to representation during disciplinary processes time frame for warnings and Mar-22 Contracts and Human Employment Contracts The factory does not have an Factory needs to review its ll Resources appropriate grievance policy. internal rules to include a clear specification for a fair review process and how changes should be communicated. Mar-22 Contracts and Human Employment Contracts The factory's recruitment Review the recruitment Management is working to ll Resources procedures does not include allthe procedure to include the finalize the recruitment necessary elements. following elements: Hiring procedure. criteria that are applied equally to all job applicants. Verifying the age of workers prior to hiring. Ensuring compliance with legal requirements for workers under the age of 18. Ensuring that workers retain ID documents. Mar-22 Occupational Safety and OSH Management The employer does not adequately Establish an OSH committee Factory is seeking the ll Health Systems assigns accountability for with clear reporting lines and support of Better Work to Occupational Health and Safety to hold regular monthly meetings. establish the OSH OSH Officer and HR Director. Keep minutes of the meeting committee. and share with committee members. … Hire an OSH officer with sufficient expertise. [page 175] Mar-22 Occupational Safety and OSH Management No. The employer does not The factory should investigate Lil Health Systems properly investigates monitors and OSH issues through: measures OSH issues. Regular test, survey and inspections, logging and analysis of violations of procedures. Regular management review of effectiveness of management system including performance on measurable objectives and targets. Mar-22 Occupational Safety and OSH Management The factory does not have an Review the actual procedure to 1 Health Systems accident investigation procedure include Root cause analysis, that includes all the necessary Focus on sustainable solutions steps. and Implementation of changes in order to avoid reoccurrence. Mar-22 Occupational Safety and OSH Management The factory does not have an Factory needs to do have an Lil Health Systems emergency preparedness emergency preparedness procedure that includes all the procedure that includes: necessary elements. Reporting fires and other emergencies Alerting all employees to evacuate, evacuating employees to designated assembly location, accounting for all employees after an evacuation. Mar-22 Occupational Safety and OSH Management The factory does not have a The factory need to do a 1 Health Systems hazard/risk management and hazard/risk management and control procedure that includes all control procedure that includes: the necessary elements. 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. [page 176] [page 177] BETTER WORK HAITI - 26TH SYNTHESIS REPORT Factory: HANSAE HAITI S.A Location: Arrondissement de Port-au-Prince Number of workers: 2123 Date of registration: Jan-17 Date of last two Better Mar-22 Mar-23 Work assessments: Advisory and Training Services 19-May-23 Advisory meeting Advisory visit to review the improvement plan and prepare the update. Virtual tour were perform with compliance to validate the points. 12-May-23 Training Virtual Sexual Harassment and abuse in the workplace 28-Apr-23 Advisory meeting Advisory on improvement plan. Meeting with bipartite committee. Main concerns expressed by the workers and ünion representatives were the lack of cleaners and the cleanliness level within the modules. 29-Mar-23 Advisory meeting Meeting with management on pending issues. Management clarifies the reduction in working hours and suspension days situation. Advisor provide recommendation according. The discussion was also about a pending issue regarding a court decision. Management committed to follow up prompt and to give an update of the situation. 24-Mar-23 Advisory meeting Meeting with senior management with the participation of MAST representatives on the legal order issued by the Labor Court. Management committed to contact their legal advisor and issue an investigation on current state of the situation. Discussion was also on factory decision to reduce working days. 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. TI-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 management. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment March 2023 Mar-23 Occupational Safety and OSH Management The OSH policy does not include all Include missing elements in the Factory updated the OHS policy 18 Health Systems the necessary elements. OSH policy. to implement measures and targets in consultation with worker representatives. [page 178] Mar-23 Occupational Safety and OSH Management The hazard/risk management and Ensure that an hazard/risk Factory implemented the risk 18 Health Systems control procedure was not available management and control management and control at the time of the assessment visit. procedures are available. procedure. Mar-23 Occupational Safety and OSH Management Management does not perform a Add the missing elements in Factory updated the OHS 18 Health Systems review of its management system the procedure. Conduct a policy, and annually we will documents. review of effectiveness of continue to work and update management system including our OHS policy. performance on measurable objectives and targets Accident investigations, followed by an actual change in procedures. Mar-23 Occupational Safety and OSH Management Management has not posted names Post the names of the OSH Factory already posted the OSH 2 Health Systems of OSH committee members committee members where all : committee's names in all workers can see. factories so that workers can see the committee members in each factory. Mar-23 Contracts and Human Employment Contracts Management does not investigates Establish a procedure to Factory already implemented 18 Resources Shortcomings or issues in HR investigate shortcomings or this indicator for investigating performance. issues in HR performance. HR performance gaps or issues. Mar-23 Working Time Regular Hours Pregnant women in building 50 are Ensure that pregnant women The 2 women were trained and 3 not entitled to two period of rest in are entitled to 2 additional the extra hour of break is addition to the lunch break. break of 30 minutes each. provided to them. AIl pregnant women who bring à pregnancy certificate to the administration are immediately entitled to 2 additional breaks of 30 minutes each, and HR and compliance had provided training on the Haiïtian labor code for all pregnant women Mar-23 Working Time Regular Hours The employer has not posted the Post the working hours The factory posted the working 3 factory's working hours for all shifts including the break time in hours with break time included. including break time in building 50. building 50. The HR department has already posted the working hours and including break time in all factories. [page 179] Mar-23 Working Time Regular Hours The regular working hours are exceed Ensure that the regular hours According to the decree 3 the legal limit. do not exceed the legal limit of published on June 2023, the 8 hours a day and 48 hours a break time is no longer week. considered as part of the regular working hours, Mar-23 Occupational Safety and Emergency Several aisles were obstructed and Ensure that the aisles remained The factory provided training on 22 Health Preparedness one emergency exit locked during unobstructed and the health and safety by the working hours including overtime. emergency exits remained microphone for workers in the unlocked during the working warehouse, cutting, packing, and hours. stocking, and we had already discussed with the manager the aisles must be free from obstruction. For the emergency exit in the warehouse of building 1, we did the corrective action at the same time as the evaluation, and we identified that it was not an emergency exit, it was an emergency exit door that was not used and we did not put our internal security to guard the exits and entrances. Mar-23 Occupational Safety and Emergency Escape routes are not clearly Properly mark the escape The maintenance team had 3 Health Preparedness marked. routes of the Building 1landthe already marked the escape warehouse of building 55. route in the cutting department and warehouse of building 55 after the assessment. Mar-23 Occupational Safety and Emergency Improper maintenance of fire Ensure that regular checked are We had already installed the fire 18 Health Preparedness extinguishers. performed on the fire fighting extinguisher in the diesel equipment. stockroom and we inspected the fire extinguishers for all factories, and change some fire extinguishers that had lost pressure. Mar-23 Occupational Safety and Emergency The diesel stock room has no smoke Install fire detection equipment Maintenance has already 18 Health Preparedness detectors neither an alarm installed. such as smoke detector in the installed the smoke detector in diesel stock room. the diesel stock room. Mar-23 Occupational Safety and Health Services and First Two products in the medical clinic Identified all the medical The medical clinic has identified 5 Health Aid were not properly identified. products available in the first all medical products, and aid boxes. compliance will inspect the clinic monthly on this. [page 180] Mar-23 Occupational Safety and Health Services and First Insufficient number nurses in the Hire two additional nurses. The HR department had hired 2 38 Health Aid workplace. nurses after the assessment. Mar-23 Occupational Safety and Health Services and First The factory does not systematically Ensure that CDS is paid for all Factory put in place a schedule 3 Health Aid provide free annual health checks to the workers. Contact OFATMA to carry out the medical checks all workers. to provide free heath checks to of foreign workers on July 29 workers. and on August 5th. Mar-23 Occupational Safety and Health Services and First The factory does not systematically Ensure that CDS is paid for all The HANSAE administration 3 Health Aid provide free health checks to workers the workers. Contact OFATMA has already sent a letter to the exposed to work-related hazard. to provide free heath checks to medical department of workers. OFATMA for the medical checks of our workers. Mar-23 Occupational Safety and Health Services and First The factory does not systematically Ensure that CDS is paid for all The HANSAE administration 3 Health Aid provide free health checks to workers the workers. Contact OFATMA has already sent a letter to Within the first three months of to provide free heath checks to OFATMA medical management hiring. workers. for the medical follow-up of our workers. Mar-23 Occupational Safety and Welfare Facilities Insufficient numbers of toilets for Have an adequate numbers of The toilets are repaired and are 3 Health women in the workplace. toilet for women. being used by the workers. The factory has 166 toilets for 1445 women, which compliant. Mar-23 Occupational Safety and Working Environment Light levels are inadequate in several Ensure that lux levels are The compliance had provided a 18 Health section of the workplace. adequate in all the daily illumination report for the departments and sections. maintenance, and the maintenance is monitoring the light level on a regular basis. Mar-23 Occupational Safety and Working Environment The temperature levels exceeded 30 Ensure to monitor the Factory repaired the fans 3 Health C in several section of the workplace. temperature level at a through maintenance the fans. maximum of 30 C. The factory bought an equipment to monitor and check regularly the temperature level. Mar-23 Occupational Safety and Worker Protection Workers are working at height Ensure that workers have the The maintenance has already 18 Health without industrial platform ladder. necessary equipment to provided an industrial platform perform their duties. ladder for workers working at height during the assessment. [page 181] Mar-23 Occupational Safety and Worker Protection The electrical installation was not Ensure that maintenance are We provided the maintenance 18 Health properly maintained. regularly scheduled and daily With a regular daily and monthly compliance checks are report, and this report will be on performed. the control of compliance. Mar-23 Occupational Safety and Worker Protection The grinder in the mechanic shop is Ensure that equipment and Maintenance has installed eye 20 Health missing eye guards. machinery are equipped with protection in the grinder in the necessary guards. mechanical workshop during the assessment. Mar-23 Occupational Safety and Worker Protection Factory has not provided proper PPE Ensure that workers received The compliance has provided 22 Health to all workers. necessary protective safety belts for temporary equipment to perform their workers, and goggles in the duties. mechanic shop for workers using the grinder, we have a checklist of the EPP we provide for all workers who necessary. Mar-23 Occupational Safety and Chemicals and No eye wash station has been Ensure that cleansing facility is The maintenance manager has 3 Health Hazardous Substances installed in all areas where chemical available where chemicals are installed the eyewash stations in and hazardous products are used. used and stored. the 3 cleaning rooms as requested, and the eyewash station is clear of any obstruction near the mechanic area. Mar-23 Occupational Safety and Chemicals and One chemical product was found Ensure that safety data sheets Factory displayed the safety 43 Health Hazardous Substances without chemical safety data sheets. are available for all chemicals data sheet for the Axia product used and stored. in the mechanical workshop during the evaluation. Mar-23 Occupational Safety and Chemicals and Unlabeled containers of chemical Ensure to identify containers We had put labels on containers 43 Health Hazardous Substances products. that are used in the workplace. in this department and also provide training on hazards and safety precautions. Mar-23 Occupational Safety and Chemicals and The chemical inventory was not Update the chemical inventory We have already updated and 38 Health Hazardous Substances accurate and did not include the and ensure that all chemicals specified in our inventory the name of all chemicals used in the used and stored in the location where the chemicals workplace. workplace are included. will store for each factory and accurately the name of all chemicals used in the workplace. [page 182] Mar-23 Contracts and Human Termination The calculation of the average salary Pay the lunch break The June 13th decree suspends 3 Resources for the payment of annual salary all provisions of the 3*8 law. The supplement upon termination does payment of the lunch break is not include the lunch break no longer required. payment. Mar-23 Contracts and Human Termination The calculation of the average salary Pay the lunch break. The June 13th decree suspends 3 Resources for the payment of unused paid all provisions of the 3*8 law. The annual leave upon termination. does payment of the lunch break is not include the lunch break no longer required. payment. Mar-23 Contracts and Human Termination The calculation of the average salary Pay the lunch break. The June 13th decree suspends 3 Resources for the payment of applicable notice all provisions of the 3*8 law. The period does not include the lunch payment of the lunch break is break payment. no longer required. Mar-23 Contracts and Human Employment Contracts The internal work rules do not Insert the time in the internal Factory shared an addendum to 22 Resources comply with the labor code. It is working rules. the internal working rules that is missing the payment time. approved by the Ministry of Labor. Mar-23 Compensation Social Security and The calculation for the workers Pay the lunch break. The June 13th decree suspends 18 Other Benefits ‘contribution to OFATMA does not all provisions of the 3*8 law. The include the lunch break payment. payment of the lunch break is no longer required. Mar-23 Compensation Social Security and The calculation for the employer's Pay the lunch break. The June 13th decree suspends 18 Other Benefits contribution to ONA does not all provisions of the 3*8 law. The include the lunch break payment. payment of the lunch break is no longer required. Mar-23 Compensation Social Security and The calculation for the employer' Pay the lunch break. The June 13th decree suspends 18 Other Benefits contribution to OFATMA does not all provisions of the 3*8 law. The include the lunch break payment. payment of the lunch break is no longer required. Mar-23 Compensation Social Security and The calculation for the workers’ Pay the lunch break. The June 13th decree suspends 18 Other Benefits contribution to ONA does not all provisions of the 3*8 law. The include the lunch break payment. payment of the lunch break is no longer required. Mar-23 Compensation Social Security and The calculation for annual salary Include the lunch break The June 13th decree suspends 18 Other Benefits supplement or bonus does not payment in the calculation of all provisions of the 3*8 law. The include the lunch break payment. the bonus payment. payment of the lunch break is no longer required. [page 183] Mar-23 Compensation Social Security and The factory did not adequately pay Pay the lunch break. Pay the The June 13th decree suspends 3 Other Benefits CDS for all workers. CDS. all provisions of the 3*8 law. The payment of the lunch break is no longer required. Mar-23 Compensation Paid Leave The lunch break is not compensated Pay the lunch break. The June 13th decree suspends 18 in the payroll. all provisions of the 3*8 law. The payment of the lunch break is no longer required. Mar-23 Compensation Paid Leave The calculation of the average salary Pay the lunch break. The June 13th decree suspends 18 for maternity leave payments does all provisions of the 3*8 law. The not include the lunch break payment of the lunch break is payment. no longer required. Mar-23 Compensation Paid Leave Sick leave payments are not based Pay the lunch break. The June 13th decree suspends 18 on average daily earnings as the all provisions of the 3*8 law. The calculation does not include the payment of the lunch break is lunch break payment. no longer required. Mar-23 Compensation Paid Leave The annual leave payment is not Include the payment of the The June 13th decree suspends 18 calculated based on worker's average lunch break in the calculation of all provisions of the 3*8 law. The daily earnings as the calculation does the annual leave payment. payment of the lunch break is not include the lunch break no longer required. payment. Mar-23 Forced Labor Coercion The foreign workers’ contract are not Update the contract for the Factory updated the foreign 3 in line with ILO recommendations. foreign workers. employees contract. Assessment March 2022 Mar-22 Occupational Safety and OSH Management The written OSH policy does not Update the OSH policy The Compliance department is Health Systems include measurable objectives and through consultation with updating its OSH policy through improvements targets. workers’ representatives. consultation with workers’ Include measurable objectives representative by adding and improvements targets. measurable objectives and improvements targets . [page 184] Mar-22 Occupational Safety and OSH Management The factory does not have an Implement a Hazard /risk The compliance team is in the Health Systems appropriate hazard/risk management and control process of elaborating a Hazard management and control procedure that includes / Risk management and control procedures. A systematic approach to procedure including : A identifying hazards. A structure systematic approach to to prioritize risks based on identifying hazards. A structure potential impact and likelihood. to prioritize risks based on A hierarchy of controls that is potential impact and likelihood. used to select effective A hierarchy of controls that is controls. A risk register used to select effective controls. that drives the implementation A risk register that drives the of controls. implementation of controls Mar-22 Occupational Safety and OSH Management The employer did not perform Perform regular reviews ofthe The Compliance team is working Health Systems regular reviews of the effectiveness effectiveness of the on a regular review of the of its management system management system including effectiveness of management documents. performance on measurable system, to include performance objectives and targets. on measurable objectives and targets. Mar-22 Contracts and Human Employment Contracts Management did not have any Investigate issues related to The HR department is in the Resources evidence of investigation of lack of HR performance or process of implementing an performance issues. shortcomings. investigation procedures for HR shortcomings or performance issues. Mar-22 Working Time Regular Hours The regular working hours exceeded Include the lunch break in the No progress because factory is 48 hours. regular work hours as waiting for a clear notification prescribed by the labor code . 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 ET EEE RES Mar-22 Occupational Safety and Emergency Combustible materials were stored Remove the combustible The maintenance team has Health Preparedness in the generator room of building 1. materials from the generator already repaired the leak in the room . area where combustible materials are stored and they have removed the combustible materials from the generator rnnm in Ruildina 1 Mar-22 Occupational Safety and Emergency Evacuation drills were not conducted Perform evacuation drill for The company carried out Health Preparedness every 6 months as recommended by building 21. evacuation drills in factories #21 Better Work. and #50 on 14/5/2022. [page 185] Mar-22 Occupational Safety and Emergency Obstructed aisles in the stock room Ensure routes are free from Factory has removed all Health Preparedness of several buildings. obstacles . Train maintenance obstacles from aisles of building team to perform daily check. #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. Mar-22 Occupational Safety and Emergency One fire extinguisher was obstructed Maintain the Fire extinguishers Factory advised mechanical Health Preparedness in the mechanic shop. free from obstacles. Provide manager that all fire training to the workers at this extinguishers should be free area. from obstacles. Training will be provided to all workers in this area. Mar-22 Occupational Safety and Emergency Fire detectors were not installed in Install the fire detectors in the The maintenance team had Health Preparedness the generator room and boiler room. generator and boiler rooms. already installed the fire detector in the generator room and in boiler room of building #50 during the assessment day. Mar-22 Occupational Safety and Health Services and First The number of nurses is insufficient Hired more nurses to comply The factory has hired 4 more Health Aid as per the Haitian Labor Code. with the requirement . nurses to comply with Haitian law. Mar-22 Occupational Safety and Working Environment The floor in the generator room was Clean water and oils spill from The maintenance team has Health slippery. the floor in the generator room already cleaned the floor in the of building # 1. Replace the generator of building 1, and damaged steam pipes. replaced the damaged steam Post danger signs in the area. pipes. Mar-22 Occupational Safety and Working Environment The light levels were inadequate in Provide sufficient lighting to The illumination monitoring Health sewing and packing sections. each section as requested by report is already done as Better work. requested by Better Work. Additional lights were added to each section. Mar-22 Occupational Safety and Worker Protection Workers working at height used Install the side rails in the The maintenance team has Health industrial platform ladders without industrial platform ladder. already installed the side rails in side rails of at least O.90m as the industrial platform ladder. recommended by the labor Code. [page 186] Mar-22 Occupational Safety and Worker Protection Improper maintenance of electrical Install the cover in the electrical The maintenance team had Health boxes and battery terminals. box. Protect the battery already installed the cover in the terminals with plastic covers. electrical box as well as the battery terminals. Mar-22 Occupational Safety and Worker Protection The compressor in the generator Install the belt guards. Perform The maintenance team has Health room was missing belt guards. regular maintenance checks. already installed the belt guard in the compressor Mar-22 Occupational Safety and Worker Protection The boiler operator was not properly Provide training to the boiler The factory provided the Health trained. operator and keep proper training to the generator boiler records. operator. Mar-22 Occupational Safety and Worker Protection The employer did not provide proper Provide Mask against chemical The compliance department Health PPE to all workers. vapors to workers using provided all the PPE that chemical products, Helmet for advisor has listed. Training on workers working at heights, the use of PPE were carried out safety belts for workers doing for workers in spot cleaning heavy lifting, earplugs for area. workers in the generator room, gloves for workers in the toilets. Mar-22 Occupational Safety and Chemicals and Hazardous chemicals were found Place the chemical safety data During the assessment, the Health Hazardous Substances Without chemical safety data sheets. sheet where these chemicals compliance department had are stored and used. already placed the chemical safety data sheets where the chemicals are used and stored. Mar-22 Occupational Safety and Chemicals and Containers of chemical products Label the containers and During the assessment the Health Hazardous Substances were not properly labelled. include "classification, hazards, compliance department had and safety precautions" already corrected the labels on all 3 containers. Mar-22 Occupational Safety and Chemicals and The inventory chemical product is Setup an accurate inventory of The factory updated the new Health Hazardous Substances not accurate. chemicals and include all the chemical inventory list. The chemicals used in the factory implemented workplace. preventive measures to facilitate a better monitoring of the chemicals. Mar-22 Occupational Safety and OSH Management The factory did not share any Ensure buildings are safe. Factory has official building Health Systems structural safety certificates for the Share the structural safety certificate in hand. buildings. certificate. [page 187] Mar-22 Contracts and Human Employment Contracts The internal work rules does not Include the payment time in Payment time has been Resources comply with the labor code. the internal work rules included in the internal work rules and approved by MAST on March 25, 2022. Mar-22 Compensation Social Security and Payments to OFATMA for maternity Pay the contribution on Time. No progress has been made, Other Benefits and health insurance were late. Pay the lunch break as because the factory is waiting Furthermore, lunch break payment is prescribed law and include itin for a clear notification from not included in the calculation. the calculation of the average MAST on implementing the daily salary. 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 Mar-22 Compensation Social Security and The annual salary supplement or Pay the lunch break as No progress has been made, Other Benefits bonus calculation does not include prescribed law and include itin because the factory is waiting the lunch break payment. the calculation of the average for a clear notification from daily salary. 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 Mar-22 Compensation Social Security and Payments to ONA for maternity and Pay the contribution on Time. Other Benefits health insurance were late. Pay the lunch break as Furthermore, lunch break payment is prescribed law and include it in not included in the calculation. the calculation of the average daily salary. Mar-22 Compensation Paid Leave The factory did not pay annual leave, Pay the lunch break as No progress has been made, Sick leave and maternity leave prescribed law and include itin because the factory is waiting correctly. the calculation of the average for a clear notification from daily salary. 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. [page 188] Mar-22 Compensation Paid Leave The lunch break is not compensated Pay the lunch break as No progress has been made, in the payroll. prescribed law and include itin because the factory is waiting the calculation of the average for a clear notification from daily salary. 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 The maternity leave payment does Pay the lunch break as No progress has been made, not include the lunch break prescribed by the labor code . because the factory is waiting payment. 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 Pay the lunch break as No progress has been made, correctly. prescribed by the labor code because the factory is waiting and include it in the for a clear notification from calculations of average daily MAST on implementing the earnings. lunch Break .As of15/11/2019, 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 The annual leave payment are not Pay the lunch break as No progress has been made, paid correctly. prescribed by the labor code because the factory is waiting and include it in the for a clear notification from calculations of average daily MAST on implementing the earninos lunch break [page 189] Mar-22 Freedom of Association Freedom to Associate The employer did not grant access to Training and awareness-raising Hansae Haiti submitted all and Collective a legally registered trade union in a on Freedom of Association to explanatory materials to BMST Bargaining timely manner. Hansae Haiti S.A management … to prove that Hansae went and other employee having a through fair dismissal process relationship of authority with regarding the termination of the workers. Update the policy union members. on freedom of association to Factory already provided clearly define the roles and awareness session on company responsibilities of both parties. 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 law. Mar-22 Discrimination Gender The salary for the breastfeeding Send the evidence of maternity The factory had resolved the women was lower than it was before leave payment before and after issue during the assessment they went on maternity leave. to prove that the factory is process. Some of the workers paying the workers correctly. were moved to other positions upon request. The factory also submitted proof that the workers are earning the same amount of money before and after their maternity leave. [page 190] BETTER WORK HAITI - 26TH SYNTHESIS REPORT ., Factory: LIFE S.A. . Location: Port-au-Prince Number of workers: 79 Date of registration Jun-15 Date of last two Better Sep-21 Sep-22 Work assessments: Advisory and Training Services 22-May-23 Advisory meeting Advisory on the improvement. No improvement reported and factory does not have access to the portal. Management will try to set up the bipartite committee as soon as possible. Advisor share training list and management will get back with possible way to accommodate the deniain es iatriatlee 10-Mar-23 Advisory meeting Meeting with management to discuss the improvement plan. Management to take responsibility to implement a bipartite committee to discuss IP follow ups. Discussion on perspective and factory updates. 7-Nov-22 Virtual advisory Discussion with management to update new Improvement Plan uploaded. Factory was advised to edit the Progress report one and submit it meeting the earliest possible. Discussion was also on Factory status. COMPLIANCE ASSESSMENT CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment August 2022 Sep-22 Occupational Safety OSH Management The factory does not have an adequate include the missing criteria in the il and Health Systems hazard/risk management and control hazard/risk management and control procedure. procedures. Sep-22 Occupational Safety OSH Management Management did not show evidence Update the OSH policies and nl and Health Systems that the employer investigates monitors … procedures to include missing and measures OSH issues. elements. Sep-22 Occupational Safety OSH Management The factory does not adequately Update the OSH policies and ol and Health Systems communicate and implement OSH procedures to include missing policies and procedures. elements. Sep-22 Occupational Safety OSH Management Management has not defined authority Assign responsibilities and nl and Health Systems for OSH officer and top management to accountability at all levels including perform OSH responsibilities. OSH committee members. Sep-22 Contracts and Employment Contracts The employer does not have any Provide evidence of performance ll Human Resources performance evaluation procedures in evaluation procedures and place and does not investigate violations investigation records or violations of of HR policies and procedures. HR policies and procedures. [page 191] Sep-22 Contracts and Employment Contracts The employer does not properly include the following missing criteria in ul Human Resources communicate HR policies and the HR procedures and policies. procedures. Induction training for workers and staff. Staff training on how to carry out policies and procedures. Worker representatives and/or worker- management committees. Sep-22 Contracts and Employment Contracts The employer has not properly defined Define accountability and responsibility Lil Human Resources accountability and responsibility for HR for HR issues and performance issues to HR staff. through: Job descriptions, reporting lines, organizational charts, description of job duties and authority. Moreover, management could not share any document that defines performance evaluations Sep-22 Occupational Safety Emergency The factory did not take steps to control Take the necessary measures to control Meeting has been done ul and Health Preparedness potential sources of ignition. risk and hazard within the workplace. with workers, information has been shared and verification has done frequently . Sep-22 Occupational Safety Emergency Obstructed aisles and emergency exits. Ensure that aisles and routes remained Information has been ul and Health Preparedness unobstructed during working hours. shared, OSH evaluation has been done on May 5, 2002 Sep-22 Occupational Safety Health Services and Workers do not receive within the first 3 Pay OFATMA for the medical card Medical checks has been 35 and Health First Aid months of hiring. (CDS) and coordinate with OFATMA to done internally (private provide medical check for workers doctors). Within their first three months. Sep-22 Occupational Safety Welfare Facilities The factory has not conducted a water Ensure the drinking water is tested on a 22 and Health test on a monthly basis by a certified monthly basis by a competent laboratory to ensure the water is safe. laboratory. Sep-22 Occupational Safety Working Environment The level of lighting in the workplace is Provide adequate lighting in all 46 and Health unacceptable. sections of the factory. Sep-22 Occupational Safety Working Environment Temperature exceeded the Keep the temperature to a maximum 70 and Health recommended 30 C in all sections ofthe of 30C or lower. workplace. Sep-22 Occupational Safety Worker Protection The factory did not check ail workers Check all workers and visitors body 22 and Health and visitors body temperature upon temperature upon entry in a systematic entry in a systematic way. way and keep a registry for all persons who present a temperature of 38C and above. [page 192] Sep-22 Occupational Safety Worker Protection The social distance is not respected in all Monitor that the 1.5 meter social New circular from the 22 and Health sections of the factory, as well as during distancing recommendation is government. entry and exit. respected in all sections of the factory, as well as during entry and exit. Sep-22 Occupational Safety Worker Protection Safety warning not posted on electrical Post safety warnings on all electrical 22 and Health panel. panels and other places where it is necessary. Sep-22 Occupational Safety Worker Protection Unidentified circuit breakers were not Ensure that electricity system is 22 and Health identified in electrical panels. regularly inspected and well maintained. Identify all circuit breakers. Sep-22 Occupational Safety Chemicals and Eye wash station was not available in Install eye wash station in the chemical 22 and Health Hazardous Substances the chemical warehouse where warehouse. chemicals are stored. Sep-22 Occupational Safety Chemicals and The employer did not provide training to Provide training on safe use of 22 and Health Hazardous Substances workers handling chemical and chemical and hazardous substances to hazardous products. workers. Sep-22 Occupational Safety Chemicals and Improper storage of chemical Ensure to properly stored all the 22 and Health Hazardous Substances substances. chemical used in the workplace. Storage area should be adequately ventilated and different types of chemical products should not stored together. Sep-22 Occupational Safety Chemicals and Unlabeled containers of fuel in the Label all chemical and hazardous 40 and Health Hazardous Substances Generator room. substances used in the workplace. Sep-22 Occupational Safety Chemicals and The inventory of chemical and Ensure that the inventory of chemical 22 and Health Hazardous Substances hazardous products is not accurate. products is available and accurate. Inventory list must include approximate quantities in storage and the locations of the chemical storage area in the factory. Sep-22 Occupational Safety OSH Management The employer did not provide any Provide certificate of building of 22 and Health Systems document that covers the structural building safety. safety and states that the building is safe. Sep-22 Occupational Safety OSH Management The factory did not record work related Submit work-related accident reports 22 and Health Systems accidents and submit them to OFATMA on a monthly basis. on a monthly basis. Sep-22 Occupational Safety OSH Management The employer did not have any worker Ensure that the Osh committee has 22 and Health Systems safety and health committees in place. equal representation of workers and management representatives. [page 193] Sep-22 Occupational Safety OSH Management The employer doe not perform any Keep records of the general 22 and Health Systems assessment on general occupational occupational safety and health safety and health. performed on the monthly basis. Sep-22 Contracts and Termination The payment for unused paid annual Calculate the unused paid annual leave 22 Human Resources leave upon termination is not calculated upon termination. on the daily average salary. Sep-22 Compensation Social Security and The factory is not registered with Register to OFATMA for maternity and Factory is already registered 64 Other Benefits OFATMA for maternity and health health insurance and forward workers" and will share proof of insurance. contribution. payment Sep-22 Compensation Social Security and The payment for OFATMA work related Pay the contribution within the Factory has received the 22 Other Benefits accident insurance for the fiscal year deadline indicated in the invoice. invoices in January, and 2020-2021 was late. made the payment when it was received. Payment has been done for 2021/2022. Sep-22 Compensation Social Security and The employer contribution to ONA is Declare all employees within the first 15 33 Other Benerfits calculated on the average daily salary days of hiring and forward the workers from the 4th month of the date of and forward employer contribution for signature of each contract. each worker on a monthly. Sep-22 Compensation Paid Leave The sick leave payment is not calculated Ensure that the sick leave payment is Lil based on the daily average earning. calculated on the daily average earning. Sep-22 Compensation Paid Leave The annual leave payment is not Ensure that the annual leave payment 22 calculated based on the daily average is calculated on the daily average earning. earning. Assessment September 2021 Sep-21 Occupational Safety Emergency The factory did not take steps to control Take the necessary measures to control and Health Preparedness potential sources of ignition. risk and hazard within the workplace. Sep-21 Occupational Safety Emergency Several aisles leading to an emergency Ensure that the evacuation routes and and Health Preparedness exit were obstructed by tables in the aisles remained unobstructed. sewing lines. Sep-21 Occupational Safety Health Services and No evidence of medical checks Pay OFATMA for the medical card and Health First Aid performed within the first 3 months of (CDS) and coordinate with OFATMA to hiring were available. provide medical check for workers Within their first three months. Sep-21 Occupational Safety Welfare Facilities The factory has not conducted a water Ensure the drinking water is tested on a and Health test on a monthly basis by a certified monthly basis by a competent laboratory. laboratory. [page 194] Sep-21 Occupational Safety Working Environment The level of lighting in the workplace is Provide adequate lighting in all and Health unacceptable. sections of the factory. Sep-21 Occupational Safety Working Environment Temperature exceeded the Keep the temperature to a maximum and Health recommended 30 C in all sections ofthe of 30C or lower. workolace. Sep-21 Occupational Safety Worker Protection The workers and visitors body Check all workers and visitors body and Health temperature are not checked upon entry temperature upon entry in a systematic in a systematic way. No registry for body way and keep a registry for all persons temperature of 38C and above. who present à temperature of 38C and above. Sep-21 Occupational Safety Worker Protection The social distance is not respected in all Monitor that the 1.5 meter social and Health sections of the factory, as well as during distancing recommendation is entry and exit. respected in all sections of the factory, as well as during entry and exit. Sep-21 Occupational Safety Worker Protection One electrical panel near the clinic does Post safety warnings where necessary. and Health not safety warnings. Sep-21 Occupational Safety Worker Protection Assessors noticed circuit breakers were Identify all circuit breakers. and Health not identified in an electrical panel near the clinic. Sep-21 Occupational Safety Chemicals and Eye wash station was not available in Install eye wash station in the chemical and Health Hazardous Substances the chemical warehouse where warehouse. chemicals are stored. Sep-21 Occupational Safety Chemicals and The employer did not provide training to Provide training on safe use of and Health Hazardous Substances workers on chemical products handling. chemical and hazardous substances to workers. Sep-21 Occupational Safety Chemicals and Chemical substances were not properly Ensure that Chemical substances are and Health Hazardous Substances stored. properly stored and storage room are adequately ventilated. Sep-21 Occupational Safety Chemicals and 2 unlabeled containers of Diesel fuel Label all chemicals and hazardous and Health Hazardous Substances found in the Generator room. substances properly. Sep-21 Occupational Safety Chemicals and Factory does not maintain à chemical Update the inventory of chemicals and Health Hazardous Substances inventory listing all the chemicals used accordingly. including their locations. Sep-21 Occupational Safety OSH Management The employer did not provide any Provide permits or documents on and Health Systems document that covers the structural building's structural safety. safety or stating that the building is safe. [page 195] Sep-21 Occupational Safety OSH Management The factory did not record work related Record the work related accidents and and Health Systems accidents and submit them to OFATMA submit them to OFATMA on a on a monthly basis. monthly basis. Sep-21 Occupational Safety OSH Management The safety and health committee was Factory should have an effective and Health Systems not functional. Health and safety committee. Sep-21 Occupational Safety OSH Management No reports on general occupational Ensure that a general OSH assessment and Health Systems safety and health were available forthe is conducted on monthly basis and last 12 months. duly recorded for review purposes. Sep-21 Contract and Human Termination The annual leave upon termination. is Pay the annual based on the average Resources not calculated on the average daily daily salary. salary. Sep-21 Compensation Social Security and The factory has not collected and Register to OFATMA for maternity and Other Benefits forwarded workers contributions to health insurance and forward workers’ OFATMA for maternity and health contribution. insurance. Sep-21 Compensation Social Security and The factory is not registered with Register to OFATMA for maternity and Other Benefits OFATMA for maternity and health health insurance and forward workers" insurance. contribution. Sep-21 Compensation Social Security and The payments for OFATMA accident Pay the contribution within the Other Benefits insurance for the fiscal year 2020-2021 deadline indicated in the invoice. were made in January 2021 instead of December 2020. Sep-21 Compensation Social Security and Factory does not collect nor forward Collect and forward workers’ Other Benefits workers’ contributions to ONA on a contribution on a monthly basis. monthly basis . Sep-21 Compensation Social Security and The employer contribution to ONA is Forward employer 's contribution to Other Benefits not submitted on à monthly basis. ONA on a monthly basis. Sep-21 Compensation Paid Leave The annual leave payment is not Ensure that the annual leave payment calculated based on the daily average is on the daily average earning. earning. [page 196] BETTER WORK HAITI - 26TH SYNTHESIS REPORT . Factory: MAS AKANSYEL S.A Location: Arrondissement du Trou du Nord Number of workers 1,495 Date of registration: Jun-17 Date of last two Better Jun-22 Apr-23 Work 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 24-Apr-23 Training BVH Cluster Training (Introduction, Grievance Mechanism, Gap Analysis & PFA) 21-Apr-23 Advisory meeting - Conduct OSH tour: Emergency preparedness, Chemical management - Document review: Files of terminated workers - Follow up on retrenchment plan - Meeting with Union leaders 13-Mar-23 Advisory meeting Meeting with senior management with the participation of ADIH representatives on the last email from MAS akansyel management on the process integrity. Advisor confirmed the procedures and clarified the investigation techniques. Decision was made to follow the investigation during 3-Feb-23 Advisory meeting Callto review the Improvement plan. Factory to share updated progress on pending and in progress non compliance status. Discussions with representatives of Haitian staff and bipartite committee members. 31-Jan-23 Advisory meeting Advisory summary session: - OHS assessment tour with the factory compliance officer - Reviewed several documents to identify the improvement made by the factory- | completed the purchasing practices survey with the factory management. Meeting with the factory management to get an update on the factory situation and the retrenchment process Meeting Bipartite committee on: - The retrenchment process that the factory is working on. They expressed concern about the downsizing process the factory is working on.- The working hours agreement the union had with the factory.- The payment of annual leave issue the staff union had with factory. 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. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment April 2023 Apr-23 Occupational Safety and OSH Management Management did not show evidence Ensure that regular test, survey and Tests and other relevant things 2 Health Systems that the employer investigates monitors inspections are conducted on a regular are carried out and measures OSH issues. basis to monitor and measure OSH priorities. [page 197] Apr-23 Occupational Safety and OSH Management The OSH committee is not meeting Ensure that the OSH committee is As soon as recruiting the OSH 2 Health Systems regularly, to ensure that the OSH meeting regularly. At least on a monthly point person, we will start back committee is functioning effectively. basis. the OSH committee Apr-23 Occupational Safety and Emergency Preparedness The factory did not provide assessors Ensure that 10 percent of the workforce is 43 Health with a list of workers who were trained trained in fire fighting equipment and in the use of fire-fighting equipment. keep the attendance list available. Apr-23 Occupational Safety and Emergency Preparedness One aisle in the warehouse was Ensure that escape routes remained Cleared the path by removing 32 Health obstructed by a table where a worker unobstructed. those boxes. was performing regular work. There were a lot of carboard boxes blocking the area as well. Apr-23 Occupational Safety and Emergency Preparedness The evacuation plan does not reflect the Ensure that evacuation plan is reflecting This issue was fixed. That level is 13 Health layout of the building. the current layout and include the included and arrow point is meeting point. setup upon exiting the emergency exit. Apr-23 Occupational Safety and Emergency Preparedness The embroidery section where Install a fire detection system in the installed a fire detection system 2 Health cardboard boxes are used and stored embroidery section where cardboard in the embroidery section does not have a fire detection system. boxes are used and stored. Apr-23 Occupational Safety and Health Services and First The factory did not provide a list of Ensure that 10 percent of the workforce is Will be conducting on 50 Health Aid workers who were trained in first aid. trained in first aid and keep the September in Full factory attendance list available. training Apr-23 Occupational Safety and Health Services and First All the first aid boxes are missing the Ensure the first aid boxes have a checklist Added checklists for every first 43 Health Aid checklist, so assessors could not verify if to inform about the medical supplies aid box the content of the boxes are accurate. that are available. Apr-23 Occupational Safety and Health Services and First The factory does not currently have a Ensure that factory receives doctor visit Management has done 13 Health Aid permanent doctor. The Embroidery at least 3 times a week. interviews and shortlisted some section has a night shift, but no medical candidates. Waiting for Head staff is available at night. office approval for recruitment Apr-23 Occupational Safety and Welfare Facilities The last water test is not done on a Ensure the drinking water is tested by an This is done. Shared Evidence 2 Health monthly basis. accredited laboratory on a monthly basis. Apr-23 Occupational Safety and Welfare Facilities Insufficient number of toilets for Ensure that factory has adequate Factory will write to the park 27 Health women. number of toilets for women and all the management requesting this toilets are fully functioning. and once we receive the direction, will start Apr-23 Occupational Safety and Worker Protection The factory did not provided safety belt Provide safety for the workers in the In Progress. Management has 13 Health to worker in the warehouse and packing warehouse and packing area doing heavy requested quotations from area, for heavy lifting. lifting work. suppliers. [page 198] Apr-23 Occupational Safety and Worker Protection No personal protective equipment Provide all necessary PPE for the boiler This is done. Provided PPE to 13 Health found in the boiler room and no ear room operators. relevant employees protector was found in the compressor room . Apr-23 Occupational Safety and Chemnicals and Hazardous The chemical safety data sheets were Ensure that chemical safety data sheets 43 Health Substances not available for several products. are available for all chemical used and stored in the workplace. Apr-23 Occupational Safety and Chemicals and Hazardous Different types of flammable product Store chemical and hazardous 2 Health Substances were found next to each other. substances adequately. Apr-23 Occupational Safety and Chemicals and Hazardous Several containers were found without Ensure that product labelling is accurate. 49 Health Substances labels and several other products were Review the labelling format. identified in a foreign language. Apr-23 Occupational Safety and Chemicals and Hazardous The inventory of chemicals and Ensure the inventory of chemicals 49 Health Substances hazardous substances is not updated includes all chemical used and stored in and accurate. the workplace. Apr-23 Occupational Safety and OSH Management The employer did not submit a copy of Ensure that the structural safety Received the certificate and 2 Health Systems the structural safety certificate. certificate is available for any relevant shared with BW. purpose. Apr-23 Compensation Social Security and Other The workers’ contribution to OFATMA is Ensure that OFATMA contribution is 13 Benefits made on the minimum salary. accurate and include all the pertinent With the collaboration of ONA, payroll elements. OFATMA, Ombudswomen, BMAST, DGI, Enterprise advisor over many months it is finally cleared Apr-23 Compensation Social Security and Other The employers' contribution to ONA is Ensure that ONA contribution is accurate With the collaboration of ONA, 13 Benefits based on the minimum salary. and include all the pertinent payroll OFATMA, Ombudswomen, elements. BMAST, DGI, Enterprise advisor over many months it is finally cleared. Employee representatives, ERB members did not initially agreed with MAST's direction and requested MAST, ONA, and OFATMA visit the facility and communicate with all workers. Further, as advised by enterprise advisor, MAS Akansyel need to be cautious when implementing this to avoid any work stoppage or strike. Therefore, please give us some [page 199] Apr-23 Compensation Social Security and Other The employers' contributions to Ensure that OFATMA contribution is With the collaboration of ONA, 13 Benefits OFATMA is based on the minimum accurate and include all the pertinent OFATMA, Ombudswomen, salary. payroll elements. BMAST, DGI, Enterprise advisor over many months it is finally cleared. Employee representatives, ERB members did not initially agreed with MAST's direction and requested MAST, ONA, and OFATMA visit the facility and communicate with all workers. Further, as advised by enterprise advisor, MAS Akansyel need to be cautious when implementing this to avoid any work stoppage or strike. Therefore, please give us some time to implement the same. Apr-23 Compensation Social Security and Other The workers’ contribution to ONA is Ensure that ONA contribution is accurate 13 Benefits based on the minimum salary. and include all the pertinent payroll With the collaboration of ONA, elements. OFATMA, Ombudswomen, BMAST, DGI, Enterprise advisor over many months it is finally cleared. Apr-23 Forced Labor Coercion The factory failed to provide evidence Reinstate all the 43 workers dismissed These employees were 2 that the workers were committing after the strike or provide proof of labor terminated under article 42 A violence during the strike when violence laws violated that justify actions taken. and G of the Haitian Labor was the motive for the dismissal. Code. All obligations of the employees are covered under article 30 of the Haïtian Labor Apr-23 Discrimination Gender 19 female workers were terminated Reinstate the 19 pregnant workers, pay During the Better Work 2 during pregnancy, maternity leave and compensation or obtain written assessment on 26th April 2023, breastfeeding. authorization from MAST. it was recommended by the auditors to obtain a written authorization from MAST confirming MAS Akansyel rntranchonant mrarnce in Assessment June 2022 Jun-22 Occupational Safety and OSH Management Recording work-related accidents and Submit the accidents and diseases to Factory submit the record. Health Systems diseases and/or submitting the record OFATMA and ensure to get the stamp on However, OFATMA does not to OFATMA. the document. stamp the documents. Jun-22 Working Time Regular Hours Employer did not post the factory's Post factory's working time in both The factory has posted its working hours for all shifts including building. working hours on notice boards break time in all buildings. [page 200] Jun-22 Occupational Safety and Emergency Preparedness Less than the 10 percent of the Ensure that 10 percent of workforce is Factory conducted training (Fire Health workforce trained in fire fighting, as train in fire fighting equipment. Fighting) program for selected recommended by Better Work. 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. Jun-22 Occupational Safety and Emergency Preparedness Several aisles were obstructed by sewing Ensure that the aisles remained Health machine in the sewing floor. unobstructed during working hours Jun-22 Occupational Safety and Emergency Preparedness Emergency exits were missing the Post the exit sign on emergency doors. Health hazard sign and no evacuation plan has Post a evacuation plan in the new been installed in the new building under building. construction. Jun-22 Occupational Safety and Health Services and First Less than 10 percent of the workforce Ensure that 10 percent are trained in first The training is ongoing and 4% Health Aid trained in first aid. aid. of the workforce has been trained. Jun-22 Occupational Safety and Health Services and First Obstructed first aid box. In addition, first Ensure there is a first aid box in the new There was one first aid box that Health Aid aid box is not available in the new building. was obstructed during the building under construction. assessment and it was corrected same time. Purchased new first aid boxes for the new building and now its comply as per the requirement. Jun-22 Occupational Safety and Health Services and First Insufficient onsite medical staff. Have adequate number of nurses. Health Aid Jun-22 Occupational Safety and Welfare Facilities Insufficient numbers of toilets for Have adequate numbers of toilets for Health women. women. Jun-22 Occupational Safety and Worker Protection Factory did not provide safety belt, for Provide safety belt to workers heavy Safety belt requirements are Health heavy lifting, to worker in the packing lifting work. already identified and ordered area. through Amazon. Jun-22 Occupational Safety and Worker Protection Posting safety warnings in the Post a warning sign in the packing area of This was corrected and Pasted Health workplace. the main building. the safety warning sign accordingly. Jun-22 Occupational Safety and Worker Protection No chemical mask were provided to Provide appropriate mask to workers in A Chemical mask has been Health workers and line leaders in the spot the spot cleaning area. provided and awareness has cleaning area. been given. [page 201] Jun-22 Occupational Safety and Chemicals and Hazardous The factory did not provide training Train the workers in the safe usage of Health Substances record for supervisors using chemical in chemical. the spot cleaning. Jun-22 Occupational Safety and Chemicals and Hazardous Workers and supervisors have access to Limit the access of the spot cleaning to Health Substances use chemicals and hazardous products authorized workers. Ensure the area is without proper PPE. well ventilated. Jun-22 Occupational Safety and Chemicals and Hazardous Chemical safety data sheets were not Ensure the safety data sheets are All pending MSDS have been Health Substances available for several chemicals products. available for all the chemical used in the posted workplace. Jun-22 Occupational Safety and Chernicals and Hazardous Unlabeled containers found in the Label all the container of chemicals used This was corrected and showed Health Substances chemical warehouse of the main in the workplace. proof to the Auditor. building. Responsibility has clearly advised and control put in eictam Jun-22 Occupational Safety and Chemicals and Hazardous The chemical inventory was not Keep an accurate inventory of chemical. The chemical Inventory has Health Substances accurate and did not include the name been updated as per the of all chemicals used in the workplace. instruction given by the auditor. Jun-22 Occupational Safety and OSH Management The factory did not submit accident Submit OFATMA accidents report on a The accident investigation Health Systems report to OFATMA during the last 12 monthly basis. report has been sent to the months. OFATMA regional office in Cap- Haitian and got approved. Jun-22 Compensation Social Security and Other Workers’ and employers' contribution to Pay OFATMA deduction on time. The usual practice is, that a Benefits OFATMA are late and calculated on the Deduction should be calculated on the representative from the minimum wage. basis salary. OFATMA visits the factory monthly and collects the payments. The incident was their (OFATMA) delay to visit Jun-22 Compensation Social Security and Other The workers’ and employers' Pay ONA on time and ONA should be As discussed during the audit Benefits contribution to ONA are late and calculate on the basic salary. closing meeting, only the month calculated on the basic salary. of May payment got delayed by one (1) working day, and the management has implemented a new process to submit within the timeline. [page 202] BETTER WORK HAITI - 26TH SYNTHESIS REPORT - Factory: Mazava Hispaniola Ltd Location: Ouanaminthe Number of workers: 790 Date of registration: May-21 Date of last two Better Apr-22 Apr-23 Work assessments: Advisory and Training Services 18-Apr-23 Advisory meeting Review of the Improvement and corrective action plan. Factory shared training follow up documents and new corrective action plan was 17-Apr-23 Advisory meeting - Conduct OSH tour: Emergency preparedness, chemical, electrical safety - Training on Chemical management - OSH management systems gap analysis T-Apr-23 Training PNCSs(persistent non compliance) & Management System. 27-Mar-23 Advisory meeting Follow up on current retrenchment. Review of dismissal documentation and recommendations were provided to avoid unjustified termination. Review of the Improvement plan in preparation of the PR2 to be released soon. 3-Feb-23 Advisory meeting 1) Factory tour to validate pending issues such as chemical management, emergency preparedness, personal protective equipment.2) Meeting with union leaders regarding general concerns at the factorv level 27-Jan-23 Training Workplace Cooperation & Communication 9-Jan-23 Advisory meeting Meeting with management to guide on Pr1. EA reviewed the guidance with compliance officer and updated the Prl. Management identified room for improvement and most needed training. Management presented updates and workforce status. 22-Sep-22 Advisory meeting Meeting with management representatives on the current situation and HR measure take to cope with the situation (security, disciplinary/absenteeism). Discussion was also on pending issue on the improvement plan and update on the status of ONA and OFATMA 29-Aug-22 Training BWH-TNG HIV/AIDS 1-Jul-22 Advisory meeting Advisory visit summary Meeting with management to work on the improvement plan following the recent assessment. Share guidance and template of PICC meeting. Discussion on PR guidance. Factory to edit PRI. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment April 2023 Apr-23 Occupational Safety and OSH Management The OSH policy was not Update the policy in consultation 2 Health Systems developed in consultation with with workers and their workers and their representatives. representatives. Apr-23 Occupational Safety and OSH Management The accident investigation include all minimum steps to 2 Health Systems procedure does not include all the carry out the investigations. necessary elements. [page 203] Apr-23 Occupational Safety and OSH Management The factory does not adequately Post and update the evacuation 2 Health Systems communicate and implement OSH plans in all buildings. policies and procedures. Apr-23 Contracts and Human Employment The grievance handling and dispute Update the procedures to include 2 Resources Contracts resolution procedures do not an appeal process procedure. include all the necessary elements. Apr-23 Contracts and Human Employment The termination procedures do not Include the time frame between 2 Resources Contracts include all the necessary elements. warnings and payments, the right to defend oneself prior to termination and to representation during the disciplinary process, a step-by-step warning system, and procedures related to legal notice periods and termination payments. Apr-23 Contracts and Human Employment No evidence that the employer Document the necessary steps 2 Resources Contracts takes action to investigate taken to monitor HR violations. violations of HR policies and procedures, identify weaknesses and make necessary adjustments Apr-23 Contracts and Human Employment The factory does not communicate _ Include staff training on how to 2 Resources Contracts effectively or implement HR carry out policies and procedures. policies and procedures. Post the internal regulations in the factory floor where all workers can see. Apr-23 Contracts and Human Employment The HR policy is not signed by top Ensure that policy is signed by 2 Resources Contracts management. top management. Apr-23 Working Time Leave Pregnant workers do not go on Ensure that pregnant women go Factory trained the HR staff and consult 14 leave 6 weeks before giving birth. on maternity leave 6 weeks the onsite doctor to effectively apply the before giving birth. legal requirements. Apr-23 Working Time Regular Hours The regular working hours exceed Ensure that regular working hours Our schedule is from 7:30AM to 5:30 2 the legal requirements. do not exceed 8 hours a day and PM. With the lunch break from 12:00PM 48 hours a week. to 1:00 PM. [page 204] Apr-23 Occupational Safety and Emergency Less than 10% of the total Ensure that 10 percent of the Two more groups will be trained on Fire- 4 Health Preparedness workforce is trained on fire-fighting workforce is trained. Fighting equipment. equipment Apr-23 Occupational Safety and Emergency Fire drill is not conducted every 6 Ensure to perform 1 fire drill every We carried out our drill in May 2023. 14 Health Preparedness months. 6 months. Apr-23 Occupational Safety and Emergency Two emergency exits obstructed Ensure emergency exits remained MAH 3 is closed since early June 2023. 1 Health Preparedness and locked in Mazava 3. unobstructed during working times. Apr-23 Occupational Safety and Emergency The emergency lights above two Repair the damaged emergency The emergency lights were changed. 1 Health Preparedness emergency doors in Mazava lwere exits. observed damaged. Apr-23 Occupational Safety and Emergency NO smoke detectors and alarm Ensure that the building Mazava MAH 3 is closed since early June 2023. 1 Health Preparedness system in Mazava 3. 3 has an alarm system and smoke detectors where necessary. Apr-23 Occupational Safety and Health Services and Less than 10% of the total Provide first-aid to a minimum of Factory began retraining a first group on 2 Health First Aid workforce is trained on fist aid. 10 percent of the workforce. first aid on May 5 and will continue with the rest of the staff. Apr-23 Occupational Safety and Health Services and No evidence of medical checks for Ensure that workers exposed to The personnel who work with chemical 2 Health First Aid workers exposed to work-related work-related hazards received the products underwent a medical study on hazards were present in worker's medical checks twice a year. June 6 2023. Factory will conduct next files. round on November of this year. Apr-23 Occupational Safety and Health Services and Workers did not receive the health Ensure that workers received the We are working together with OFATMA 2 Health First Aid cards within the first 3 months of health cards within the first 3 to collect all the necessary information hiring. months of hiring. and complete the corresponding process. Apr-23 Occupational Safety and Welfare Facilities No soap and toilet paper available Ensure to provide soap and paper Soap for washing hands and toilet paper 2 Health in the male bathrooms. in the male bathrooms. are constantly checked to avoid shortages. Apr-23 Occupational Safety and Working Environment 12 oùt of 48 exhaust ventilation Fix the damaged exhaust. The exhaust ventilation fans were fixed. 14 Health fans were observed damaged in Maintain the temperature level to Mazava 1. The temperature a maximum of 30 Din all exceeded 30 C in all sections. sections of the workplace. [page 205] Apr-23 Occupational Safety and Worker Protection No earmuff have been provided to Provide earmuff to workers in the The earmuffs were provided to the 14 Health workers at spot cleaning area. spot cleaning area. corresponding people. Apr-23 Occupational Safety and Chemicals and The Exhaust system is insufficient Ensure to take appropriate We put in place a chemical collection 2 Health Hazardous to limit worker's exposure to actions to limit worker's exposure system to avoid chemical exposure to Substances chemicals in spot cleaning area and to chemicals. staff. surrounding area of Mazava 1. No exhaust system observed in the Apr-23 Occupational Safety and Chemicals and Most of chemical data sheets do Ensure that the MSDS contain all all MSDS were updated. 14 Health Hazardous not contain the minimum required information and are Substances information required such as; available in a local language. supplier, classification, hazards, safety precaution and emergency procedures. Apr-23 Occupational Safety and Chemicals and Chemicals are not properly stored Ensure that chemical are properly We moved the chemical stored to 14 Health Hazardous in the chemical warehouse. stored in the workplace. another place more appropriate. Substances Apr-23 Occupational Safety and Chemicals and Chemical containers not properly Ensure that chemical containers All the chemical containers were 14 Health Hazardous labelled as they only showed the are properly labelled. properly labelled with the corresponding Substances name of the product. information. Apr-23 Occupational Safety and Chemicals and Although the factory has an Add the missing elements in the We corrected the inventory of chemicals. 14 Health Hazardous inventory of almost all chemicals inventory. Substances used in the workplace, the Hardener is still missing in the inventory. [page 206] Apr-23 Contracts and Human Termination The annual salary supplement or Ensure that annual leave upon On June 13, 2023, the Government of 14 Resources bonus upon termination does not termination is paid accurately. Haïti issued a decree announcing the include the lunch break payment. immediate suspension of the 3*8 Law, officially known as the Law on the Organization and Regulation of the Twenty-Four (24) Hour Workday Divided into Three (3) Eight-Hour Shifts. The 3*8 law stipulated that the lunch break is considered an integral part of the eight-hour workday and should be compensated accordingly. However, the publication of this new decree suspends all provisions of the 3*8 law. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haïti will not find noncompliance for the requirements in these articles during the current cycle, and will begin +o annlv them tartine in lantiarv 2094 Apr-23 Contracts and Human Termination The unused paid annual leave Pay the annual leave accurately. The lunch break payment is no longer 14 Resources upon termination is not calculated required following the June 13th decree on the daily average earning and that amends the 3x8 law. However, the does not include the lunch break annual leave payment is not calculated payment. on the daily average. Apr-23 Contracts and Human Employment The factory does not have an Ensure that the internal work We will contact the Ministry of Labor 14 Resources Contracts internal work rules approved by the rules are approved by the Ministry again to obtain an answer. Ministry of Labor. of Labor. Apr-23 Compensation Social Security and Workers' pay slips are not sent to Forward the deduction to Factory is actively following up with 14 Other Benefits OFATMA for payment of sick leave. OFATMA for maternity and OFATMA to complete the The factory makes the payments. health insurance. corresponding processes as soon as possible. And start to do the collection of the contributions and send them to OFATMA. Apr-23 Compensation Social Security and The factory does not collect and Collect and forward workers" Factory is working with OFATMA so that 14 Other Benefits forward the workers’ contribution contribution to OFATMA. they can complete the proper process to OFATMA. and we can start to collect and send the contributions to this institution. Apr-23 Compensation Social Security and The employer's contribution to Pay ONA's deduction accurately. The payment for lunch break is no 14 Other Benerfits ONA is calculated on the weekly longer required with the new decree minimum wage and does not published on June 13. However, the include the lunch break payment. calculation is not calculated on the basic salary. [page 207] Apr-23 Compensation Social Security and The factory does not collect and Collect and forward workers’ Factory is working with OFATMA so that 4 Other Benefits forward workers’ contribution to contribution to OFATMA they can complete the proper process OFATMA. and we can start to collect and send the contributions to this institution. Apr-23 Compensation Social Security and The employer contribution to ONA Include the lunch break in the The payment for lunch break is no 14 Other Benefits is calculated on the minimum calculation of the ONA longer required with the new decree weekly salary and does not include deductions. published on June 13. However, the the lunch break payment. calculation is not calculated on the basic salary. Apr-23 Compensation Social Security and The calculation for the bonus Pay the lunch break. The new decree puts the 3*8 law on 14 Other Benefits payment does not include the pause until the revision of the Labor lunch break payment. Code is completed. The lunch break payment is no longer required. Apr-23 Compensation Social Security and The payment of OFATMA work Pay the OFATMA contribution for 14 Other Benefits related accident was late. In work related accident on time. addition, no proof of agreement with OFATMA was available for the Fiscal year 2022-2023. Apr-23 Compensation Paid Leave The lunch break is not Pay the lunch break. The new decree puts the 3*8 law on 14 compensated in the payroll. pause until the revision of the Labor Code is completed. The lunch break payment is no longer required. Apr-23 Compensation Paid Leave Maternity leave payment does not Pay the lunch break and be The lunch break payment is no longer 14 include the lunch break payment. compliant with OFATMA for the required. However, factory must comply The factory pays 6 weeks of monthly contributions. with OFATMA for maternity and health maternity leave where workers are insurance. entitled to 12 weeks. Apr-23 Compensation Paid Leave Sick leave payments are not Pay the lunch break and Forward The lunch break payment is no longer 14 calculated on average daily monthly deductions to OFATMA required. However, factory must comply earnings. The calculation does not for maternity and sickness. with OFATMA for maternity and health include the lunch break payment. insurance. Apr-23 Compensation Paid Leave The annual leave payment does Pay the lunch break. The new decree puts the 3*8 law on 14 not include the lunch break pause until the revision of the Labor payment. Code is completed. The lunch break payment is no longer required. Apr-23 Freedom of Association Collective Bargaining The employer failed to implement Comply with CBA requirements Factory ensured that union received the 2 and Collective Bargaining some of the CBA requirements. and provide shirts to union t-shirts. The topic related to OFATMA is leaders; comply with legal in process of implementation. All the requirement to be in compliance factory staff have ergonomic chairs at with OFATMA monthly their disposal. contributions; provide chairs with back to workers. Assessment April 2022 [page 208] Apr-22 Occupational Safety and OSH Management The hazard/risk management and include the following in the The procedures were updated to include Health Systems control procedure does not include hazard management procedure: all the missing elements. all the necessary elements. 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 imnlamantatian af rantrale Apr-22 Occupational Safety and OSH Management The emergency preparedness include the following in the The procedures were updated to include Health Systems procedure does not include all the emergency preparedness allthe missing elements. necessary elements. procedure: Evacuating employees to designated assembly location Accounting for all employees after an evacuation Apr-22 Occupational Safety and OSH Management No evidence of: include the review process of the The OSH policy was reviewed and Health Systems - Regular management review of OSH policy and set measurable modified. effectiveness of management objectives and targets. system including performance on measurable objectives and targets Apr-22 Occupational Safety and OSH Management The factory does not adequately Post an evacuation plan in all The evacuation plan is already posted. Health Systems communicate and implement OSH buildings. policies and procedures. The employer has not posted an evacuation plans in all buildings. Apr-22 Contracts and Human Employment The grievance handling and dispute Include an appeal process in the Resources Contracts resolution procedures do not grievance handling procedures. include an appeal process. Apr-22 Contracts and Human Employment The termination procedures do not Include in the termination Resources Contracts include all the necessary elements. procedures the time frame between warnings and payments, the right to defend oneself prior to termination and to representation during the disciplinary process, a step-by- step warning system, and procedures related to legal notice Dan de ad tnrmminntinn Apr-22 Contracts and Human Employment No evidence that the employer Implement procedure of The following procedure was Resources Contracts takes action to investigate investigating on violations of HR implemented: investigating on violations of HR policies and policies and procedures, identify violations of HR policies and procedures, identify weaknesses weaknesses and make necessary procedures, identify weaknesses and and make necessary adjustments adjustments to prevent make necessary adjustments to prevent to prevent recurrence. recurrence. recurrence. [page 209] Apr-22 Contracts and Human Employment No. The factory does not effectively Include the HR policies staff The internal regulation is already post in Resources Contracts communicate and implement HR training on how to carry out different areas. policies and procedures. policies and procedures. Post the internal regulation where anyone can see. Apr-22 Contracts and Human Employment No, The HR policy does not include Ensure that the HR is signed by It was checked and corrected. Resources Contracts all the necessary elements. top management. Apr-22 Working Time Leave The factory does not comply with Ensure that pregnant women can In accordance with the law, the the Labor Code as pregnant benefit the six weeks before their : Company incapacitates the Employee, workers do not go on leave 6 weeks departure on maternity leave. when she presents the medical before giving birth. document with the probable date of delivery. Apr-22 Working Time Regular Hours Pregnant women are not allowed Ensure that pregnant women are The Company provided the additional additional breaks. entitled of the two additional rest time to pregnant employees. This is breaks of 30 minutes each per done at the time they deliver their day. Keep a file with written pregnancy medical report. They sign an acknowledgement from the acknowledgment document. pregnant women of that right. Apr-22 Working Time Regular Hours The employer has not posted the Post the factory's working hours They are already published in the factory's working hours for all shifts for all shifts including break time. informative murals including break time. Apr-22 Occupational Safety and Emergency Less than 10 percent of workers Train 10 % of the workforce in in According to the law, a minimum of 10% Health Preparedness were trained in fire-fighting fire-fighting equipment. of personnel must be trained in the equipment. handling of fire fighting equipment. We currently have 2668 people, of which 313 are trained, which is equivalent to 11.73% of the staff. Apr-22 Occupational Safety and Emergency À wooden box with light bulbs lit to Ensure that the workplace is The necessary actions were taken so Health Preparedness heat food in the mechanic safeguarded and properly rectify that these situations do not occur again. workshop of building 3 which practice that represents an hazard This artifact was removed. represents a fire hazard. within the workplace. Apr-22 Occupational Safety and Emergency The aisles in the sewing area of Ensure that the aisles and escape The spaces were duly habilitated Health Preparedness building 1 and building 2 were routes remained unobstructed. obstructed by boxes. Apr-22 Occupational Safety and Emergency The evacuation plan for building 2 Post the layout of the floor in Building 3 is not yet in operation, so Health Preparedness did not reflect the actual layout of building 3. once formal work begins on it, the floor. In addition, the evacuation routes will be defined based evacuation plan for Building 3 was on the layout. not posted. [page 210] Apr-22 Occupational Safety and Emergency Missing and/or obstructed fire Ensure that fire extinguishers are All necessary measures were taken. The Health Preparedness extinguishers were missing in not obstructed and accessible. fire extinguishers are accessible. building 1. Apr-22 Occupational Safety and Emergency No fire alarm system installed in Install fire alarm in building 3. Building 3 is not yet in operation, so Health Preparedness building 3. once formal work begins on it, the alarm and fire detection systems will be installed beforehand. Apr-22 Occupational Safety and Health Services and First aid boxes were either Ensure that first aid boxes are All first aid boxes were duly enabled and Health First Aid inaccessible, missing supplies or fully equipped and accessible. recharged with supplies. not available at all in one of the buildings. Apr-22 Occupational Safety and Health Services and The factory does not have an Ensure to have sufficient medical Medical services are provided by the Health First Aid onsite medical facilities and staff as staff onsite. CODEVI Industrial Park. The clinic that required by the labor code. we have in Mazava is only for First Aid cases, in case the patient needs more specialized care, he is referred to the Park clinic. Apr-22 Occupational Safety and Health Services and No evidence of medical checks for Ensure that workers exposed to Health control is carried out according to Health First Aid workers exposed to work-related work-related hazards received the workers who are exposed to chemical hazards were present in worker's medical checks. products. Records and follow-up are files. kept in the Medical Clinic. Apr-22 Occupational Safety and Welfare Facilities The number of toilets for men and Ensure that the number of We currently have a staff of 2,668 (1,821 Health women are insufficient according functioning toilets is adequate men and 847 women), and we have 38 to the Labor Code prescriptions. with the workforce. bathrooms and 20 urinals for men and 48 bathrooms for women. As an improvement we are adding some more bathrooms. Apr-22 Occupational Safety and Working Environment The light levels were inadequate in Ensure that lux level are adequate The necessary measures were taken so Health the packing, inspection and in the workplace. that the level of the light was adequate pressing sections. in all the working section. Apr-22 Occupational Safety and Working Environment The workplace temperatures Ensure that the workplace The necessary measures were taken so Health exceeded 30 C in the pressing temperature level do not exceed that temperatures do not exceed the section. 30 C. established level. Apr-22 Occupational Safety and Worker Protection Several standing workers were not Provide shock absorbing mats to The Mats were placed for personnel Health provided with shock absorbing all standing workers. who, due to the nature of the position, mats in building 1. Standing mats need to have them. All standing workers were not available in the spot have the standing mats. cleaning of building 2. [page 211] Apr-22 Occupational Safety and Worker Protection No protective barriers installed Ensure that social distance Social distancing is no longer a legal Health between the workstation. The requirements are respected. requirement. employer did not take any measures to maintain a social distance of 15m Apr-22 Occupational Safety and Worker Protection More than 50 percent of the single Ensure all the sewing machines All fingers guards were collocated. Health needle machines were missing have their necessary guards. finger guards. Apr-22 Occupational Safety and Worker Protection The following protective Provide all necessary protective These people have already protective Health equipment has not been provided: equipment to workers doing equipment at their disposal. - Support belt for workers doing heavy lifting work and in the heavy lifting work in fabric cutting section. warehouse of building 1 and storage area of building 3. - Sufficient Gloves for worker in the cutting section of building 1 and 2. Apr-22 Occupational Safety and Chemicals and Eye wash station is not available Install eye cleansing equipment The stations are strategically placed so Health Hazardous where chemicals such as ink, where chemical substances are that they are easily accessible to the Substances thinner and paints are used and stored or used. different points where the use of stored. chemnicals is required and the eye Wash solutions were delivered to all personnel who required it. Apr-22 Occupational Safety and Chemicals and The employer did not isolate the Ensure that the use of chemicals These people have already protective Health Hazardous use of chemical substances in the is closely monitored and workers equipment at their disposal. Substances stamping area located in the are provided with proper sewing floor. Workers and protective equipment. supervisors have access to this area and there are no protective equipment available. Apr-22 Occupational Safety and Chemicals and MSDS were not available for several Ensure that MSDS are available The MSDS duly collocated. Health Hazardous chemical and hazardous for all chemicals used in the Substances substances used in the workplace. workplace. Apr-22 Occupational Safety and Chemicals and Chemical products are not properly Ensure that chemicals are Location of chemical warehouse in the Health Hazardous stored in the chemical warehouse properly stored. process of changing the location to a Substances of building 1. more suitable one. Apr-22 Occupational Safety and Chemicals and Unlabeled containers of detergent, Identify and labelled all chemicals The containers were already labeled in Health Hazardous solvent and oil found in several used and stored within the the corresponding areas. Substances areas. workplace. [page 212] Apr-22 Occupational Safety and Chemicals and The chemical inventory did not include the approximate amounts The current inventory of chemical Health Hazardous include the approximate amounts in storage, and the locations of products is as follows: Solvent 5 GL, Substances in storage, and the locations ofthe the chemical storages in the Retarder 12 GL, Cleaner 4 GL, Blow Out chemical storage area in the inventory of chemicals. 145 UND, KO 67 GL and Liquid Soap 11 factory. GL. The system we use has this information. Apr-22 Contracts and Human Termination The annual salary supplement include the lunch break payment Payment calculations are made Resources upon termination does not include in the calculation of the annual according to what is established in the the lunch break payment. salary supplement upon CODEVI Industrial Park and what the termination. Haitian labor code says Apr-22 Contracts and Human Termination The unused paid annual leave include the lunch break payment Payment calculations are made Resources upon termination does not include in the calculation of the annual according to what is established in the the lunch break payment. leave upon termination. CODEVI Industrial Park and what the Haitian labor code says Apr-22 Contracts and Human Termination The payment for the applicable include the lunch break payment Payment calculations are made Resources notice period does not include the in the calculation of the notice according to what is established in the lunch break payment. period payment. CODEVI Industrial Park and what the Haitian labor code says Apr-22 Contracts and Human Contracting The doctor's working hours are not Ensure that all employee contract Proceeded to review and corrected. Resources Procedures included in the contract as required is compliant with the by law. requirements, Apr-22 Contracts and Human Employment The factory does not have an Ensure that the internal working The Regulation was presented and Resources Contracts internal work rules approved by the rules are submitted to MAST for received by the Ministry of Social Affairs Ministry of Labor. approval. on March 17, 2021 Apr-22 Contracts and Human Employment The apprentice contracts were not Submit the apprentice contractto As there is no Office of the Ministry of Resources Contracts approved by the Ministry of Labor, the Manpower Office for Social Affairs in Ouanaminthe, there is as legally required. approval. no one who receives the apprenticeships. The Company gives a copy of the contract to each one of the workers contracted. Apr-22 Compensation Social Security and The factory does not collect and Forward worker's contribution to Payments made to OFATMA are in Other Benefits forward the employee contribution : OFATMA maternity and health accordance with the provisions of the to OFATMA maternity and health insurance within the first 10 CODEVI Industrial Park insurance. business days of the next month for the previous month. Apr-22 Compensation Social Security and The lunch break payment is not include lunch break payment in Last payment was made in October for Other Benefits included in the calculation of the calculation of ONA's the month of September 2022. ONA'Ss contributions. contributions. [page 213] Apr-22 Compensation Termination The workers’ pay slips for the last 3 Ensure that workers are entitled All workers that are entitled to 12 weeks months are not sent to OFATMA to 12 weeks of maternity leave of maternity leave payment from for payment of sick and maternity payment from OFATMA OFATMA maternity and health leave. maternity and health insurance. insurance receive the correct payment Apr-22 Compensation Social Security and The payment of annual salary include the lunch break in the Payment calculations are made Other Benefits supplement does not include the calculation of annual salary according to what is established in the lunch Break. supplement. CODEVI Industrial Park and what the Haitian labor code says Apr-22 Compensation Social Security and The salary statement sent to Submit accurate salary statement Payment calculations are made Other Benerfits OFATMA for work related accident with overtime payment included. according to what is established in the insurance does not include CODEVI Industrial Park and what the overtime and lunch break Haitian labor code says. payment. The factory did not share With the assessors any agreement with OFATMA for multiple instalments. Apr-22 Compensation Paid Leave The payments for annual leave, Pay the lunch break. Payment calculations are made Sick leave, maternity leave and the according to what is established in the daily break are not accurate. CODEVI Industrial Park and what the Haitian labor code says. Apr-22 Compensation Paid Leave The lunch breaks is not Pay the lunch break. Payment calculations are made compensated in the payroll. according to what is established in the CODEVI Industrial Park and what the Haitian labor code says. Apr-22 Compensation Paid Leave The factory paid 6 weeks of Collect and forward accurate Payment calculations are made maternity leave where workers are contribution to OFATMA for according to what is established in the entitled to 12 weeks of payment maternity and Health insurance. CODEV! Industrial Park and what the when the factory is registered with Haitian labor code says and the correct OFATMA for maternity and health payment is made to ofatma as insurance based on the labor Code. established in the labor code. the calculation of the maternity leave does not include the lunch break payment. Apr-22 Compensation Paid Leave Sick leave payments do not include Pay the lunch break. Payment calculations are made the lunch break payment. according to what is established in the CODEVI Industrial Park and what the Haitian labor code says Apr-22 Compensation Paid Leave The annual leave payment is not Pay the lunch break. Payment calculations are made calculated on worker's daily according to what is established in the average earnings and does not CODEV! Industrial Park and what the include the lunch break. Haitian labor code says. [page 214] Apr-22 Compensation Minimum Some apprentice workers who are Ensure that workers doing In Mazava Hispaniola the minimum Wages/Piece Rate part of the production lines do not permanent work in the factory wage is HTG 4,067. 19 Wages earn the minimum wage. receive the minimum wage. Apr-22 Child Labor Documentation and Management has not shared any Ensure that each employee file The foreign personnel that is in the Protection of Young document for foreign workers contain an ID card certifying the Company, provides a technical service, Workers allowing the assessors to verify if age. Share the procedure through à Dominican Company. They the employer has a reliable system regarding the hiring of non- recruit as per the Dominican law. in place to verify the age of workers Haitian employee. prior to hiring. [page 215] BETTER WORK HAITI - 26TH SYNTHESIS REPORT Factory: MB Jeans Haïti (PVT) Ltd è Location: Ouanaminthe Number of workers: 251 Date of registration: Mar-20 Date of last two Better Jun-22 May-23 Work assessments: Advisory and Training Services 2-Jun-23 Advisory meeting Advisory summary session to: - Review the exit from the last assessment with the bipartite committee and follow-up on the improvement the factory already done. - Conduct a factory tour with MAST and the factory compliance office to verify the OSH issues that the factory already solved. 28-Apr-23 Advisory meeting Advisory summary session to: -Review some documents -Investigate the industrial relation issue (Verbal abuse) the factory had. T-Apr-23 Training PNCs & Management System 3-Feb-23 Training Workplace Cooperation & Communication (WCC) 3-Feb-23 Advisory meeting Advisory summary session: - OSH assessment tour with the factory compliance officer - Reviewed several documents to identify the improvement made by the factory - Completed the purchasing practices survey with the factory management. - Conducted a training session during the visit, Meeting Bipartite committee to: - Monitor the Implementation of OFATMA maternity and Health insurance. - Get an update on the factory situation. - Discuss the late payroll issue. 17-Nov-22 PICC 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 Introductory meeting with the new factory manager. Meeting with the compliance team to work on the Better Work portal mainly on the management system. 31-Aug-22 PICC Meeting Advisory session with the bipartite committee to discuss:- the implementation of OFATMA maternity and Health insurance about when OFATMA will begins to collect workers contributions.- about the working condition in the factory Meeting with the factory management to discuss the production problem the factory is facing due to quality issues.Factory tour with the factory compliance officer to verify all corrected occupational safety and health issues related to the last assessment of the factory Meeting with the compliance team to work on the Better work portal mainly on the management system. 31-Aug-22 Training Supervisory Skills (SST) 24-Aug-22 Training BWH-TNG HIV/AIDS 8-Jul-22 Training Bipartite Committee training [page 216] ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment March 2022 May-23 Occupational Safety and OSH Management The factory does not have a Update and adjust hazard/risk 7 Health Systems hazard/risk management and management and control control procedure that includes all procedures. the requirements. May-23 Occupational Safety and OSH Management The factory does not have an Update and adjust emergency 7 Health Systems emergency preparedness procedure preparedness procedure that includes all the requirements. May-23 Occupational Safety and OSH Management The employer does not investigate, Ensure that all OSH issues are 7 Health Systems monitor and measure OHS issues as investigated, monitored and required. measured accurately. May-23 Contracts and Human Employment Contracts The factory does not have a Update and adjust disciplinary and 7 Resources disciplinary and termination termination procedures. procedures that includes all the steps. May-23 Contracts and Human Employment Contracts The factory does not fully Ensure that all parameters are 7 Resources investigates performance of HR. reviewed during the HR review. May-23 Contracts and Human Employment Contracts The factory does not adequately Ensure that all the steps are in 7 Resources communicate and implement HR place to communicate and policies and procedures. implement the HR policy in the factory. May-23 Contracts and Human Employment Contracts The factory does not have an HR Make sure that the factory has an 7 Resources policy that include all the necessary HR policy in place. elements. May-23 Working Time Leave Inaccurate maternity leave to Ensure that pregnant workers are oO pregnant workers. going home 6 weeks before giving birth. May-23 Working Time Regular Hours Pregnant workers from the finishing Give the legally required break to The factory provide 2 (e) area are not allowed to take two all pregnant women. additional breaks of 30 extra breaks. minutes to pregnant women since they fired the finishing manager. [page 217] May-23 Occupational Safety and Emergency The employer did not conduct at Conduct fire drill at least twice a (e) Health Preparedness least 2 emergency drill per year. year. May-23 Occupational Safety and Emergency Obstructed evacuation routes. Keep evacuation routes (e) Health Preparedness unobstructed. May-23 Occupational Safety and Health Services and One first aid box was not accessible The factory needs to designate a 7 Health First Aid in the boiler room. person to monitor all first aid boxes. May-23 Occupational Safety and Health Services and The factory does not have an onsite Ensure that the free zone or the 7 Health First Aid medical facilities and staff as factory has adequate medical required by labor code. facilities May-23 Occupational Safety and Health Services and Free health checks was not provided Provide health checks to workers The factory has completed the 7 Health First Aid to workers exposed to work-related exposed to work-related hazards payment for the CDS which hazards. at least twice a year. entitled the workers to received health checks from OFATMA. May-23 Occupational Safety and Welfare Facilities Eating area is not adequate to The factory needs to find an 7 Health accommodate the entire workforce. additional eating area for the workers. May-23 Occupational Safety and Working Environment The light levels were inappropriate Ensure the lighting is adequate (e) Health in some working sections. and adapted to worker's needs. May-23 Occupational Safety and Working Environment Workplace temperatures levels are Monitor the temperature level and 7 Health unacceptable. maintain it under 30 C inside the workplace. May-23 Occupational Safety and Worker Protection Improper maintenance of electrical Improve the electrical The factory removed the 7 Health system of the factory. maintenance and Create a combustible material inside maintenance log the electrical panel. May-23 Occupational Safety and Chemicals and MSDSs are not available in local Translate MSDS in the local 7 Health Hazardous Substances language for all chemicals used in language and post them where the workplace. chemical products are used. May-23 Occupational Safety and Chemicals and Chemical and hazardous substances Label all chemicals and hazardous 7 Health Hazardous Substances are not properly labelled. substances used in the workplace. [page 218] May-23 Contracts and Human Dialogue, Discipline and A foreign manager was addressing Provide additional training, The factory fired the finishing (e) Resources Disputes the workers in an abusive and Conduct regular self-assessment manager. Based on a meeting improper language. and apply the disciplinary and With bipartite committee they termination procedure. said there is a mutual respect between management and workers right now. May-23 Contracts and Human Termination The calculation of the annual salary Pay workers their annual salary The June 13 decree suspends 7 Resources supplement or bonus upon supplement upon termination and the 3*8 law. The lunch break termination does not include the include the lunch break payment payment is no longer required. lunch break payment. in the calculation May-23 Contracts and Human Termination The calculation for unused paid Pay the unused paid annual leave The June 13 decree suspends 7 Resources annual leave upon termination does upon termination and include the the 3*8 law. The lunch break not include the lunch break lunch break payment in the payment is no longer required. payment. calculation May-23 Contracts and Human Termination The calculation of the payment for Pay the applicable notice period The June 13 decree suspends 7 Resources the applicable notice period does and include the lunch break the 38 law. The lunch break not include the lunch break payment in the calculation payment is no longer required. payment. May-23 Contracts and Human Termination The factory does not provide all the Ensure that all documentations 7 Resources terminated workers files requested. are available in the workplace including the files of terminated workers. May-23 Contracts and Human Employment Contracts The factory does not have an Send the factory internal work The factory sent internal work 7 Resources internal work rules approved by the rules to MAST for approval. rules to MAST since 18 of July Ministry of Labor. 2022 for approval. May-23 Contracts and Human Employment Contracts The Dominican workers contract Ensure that all contracts are in 7 Resources does not comply with the internal compliance with the factory work rules. internal work rules. May-23 Compensation Social Security and The factory did not send workers Send workers pay slip to OFATMA 7 Other Benefits pay slip to OFATMA for sick leave for sick leave and maternity leave and maternity leave payment. payment. May-23 Compensation Social Security and The factory is not registered with Register the factory with OFATMA 7 Other Benefits OFATMA for maternity and health and then forward employer's insurance. contribution to OFATMA. [page 219] May-23 Compensation Social Security and The calculation of employer's Calculate ONA contributions on 7 Other Benefits contribution for ONA payment is the basic salary, and forward it on inaccurate and payments are made time. late consistently. May-23 Compensation Social Security and The factory is not registered with Register the factory with OFATMA 7 Other Benefits OFATMA for maternity and health and then Collect and forward insurance. workers contribution to OFATMA. May-23 Compensation Social Security and The calculation of workers’ Calculate ONA contributions on 7 Other Benefits contribution for ONA payment is the basic salary, and forward it on inaccurate and payments are made time. late consistently. May-23 Compensation Social Security and Inaccurate payments for OFATMA Ensure the factory paid the work 7 Other Benefits accident insurance. related accident on time to OFATMA including the CDS, and has an agreement with OFATMA for payment. May-23 Compensation Paid Leave The lunch break is not compensated Pay the lunch break. The June 13 decree suspends 7 in the payroll. the 3*8 law. The lunch break payment is no longer required. May-23 Compensation Paid Leave Inaccurate payment for maternity Pay 12 weeks of maternity leave to 7 leave. workers May-23 Freedom of Association Strikes Industrial relation dispute in the Ensure that the factory establish a oO and Collective Bargaining workplace. retrenchment plan in consultation with workers’ representatives and notify the Ministry of Social Affairs in such cases. May-23 Freedom of Association Collective Bargaining Violation of the CBA. Review the CBA and implement (0) and Collective Bargaining all articles as stated in the document. May-23 Discrimination Race and Origin Workers interview reported that one Provide additional training, The factory fired the finishing (e) foreign manager was addressing the conduct regular self-assessment, manager. Based on a meeting workers with abusive and improper and apply the disciplinary and With bipartite committee they language. termination procedure. said there is a mutual respect between management and workers right now. Assessment June 2022 [page 220] Jun-22 Occupational Safety and OSH Management The factory does not have a Update and adjust hazard/risk Health Systems hazard/risk management and management and control control procedure that includes all procedures. the requirements. Jun-22 Occupational Safety and OSH Management The factory does not have an Update and adjust emergency Health Systems emergency preparedness procedure preparedness procedure that includes all the requirements Jun-22 Occupational Safety and OSH Management The employer has failed to Ensure that all OSH issues are Health Systems investigate, monitor and measure investigated, monitored and OHS issues as required. measured accurately. Jun-22 Contracts and Human Employment Contracts The factory does not have a Update and adjust disciplinary and Resources disciplinary and termination termination procedures. procedures which does not include all the steps. Jun-22 Contracts and Human Employment Contracts The factory does not fully Ensure that all parameters are Resources investigates performance of HR. reviewed during the HR review. Jun-22 Contracts and Human Employment Contracts The factory does not adequately Ensure that all the steps are in Resources communicate and implement HR place in the factory. policies and procedures. Jun-22 Contracts and Human Employment Contracts The factory does not have an HR Make sure that the factory has an Resources policy that include all the necessary HR policy in place. elements. Jun-22 Working Time Regular Hours Regular working hours did not meet : Modify the internal work rules and legal requirements. ensure the regular working hours do not exceed 48 hours per week. Jun-22 Occupational Safety and Emergency Fire extinguishers were not properly Provide adequate firefighting The factory fixed all the fire Health Preparedness maintained equipment and Ensure regular extinguishers issues. maintenance is done Jun-22 Occupational Safety and Health Services and Ensure that first aid boxes have all The factory needs to designate a The factory adds all the Health First Aid requirement products. person to monitor all first aid missing items to the first aid boxes. boxes. Jun-22 Occupational Safety and Health Services and The factory does not have an onsite Ensure that the free zone or the The medical service is provided Health First Aid medical facilities and staff as factory has adequate medical by the Clinic of codemix, where required by labor code. facilities all our workers have full access. [page 221] Jun-22 Occupational Safety and Health Services and Health checks was not provided to Provide health checks to workers Health First Aid workers within the first three months within the first three months of of hiring. hiring. Jun-22 Occupational Safety and Welfare Facilities Eating area is not adequate to The factory needs to find an Health accommodate the entire workforce. additional eating area to accommodate workers. Jun-22 Occupational Safety and Working Environment Workplace temperatures levels are Monitor the temperature level and The factory is install a cooling Health unacceptable.. maintain it under 30 C inside the system to improve the workplace. temperature condition. Jun-22 Occupational Safety and Worker Protection The factory does not systematically Systematically check all body Health check body temperature upon entry. temperature upon entry and keep a registry for all persons who present a temperature of 38C and above. Jun-22 Occupational Safety and Worker Protection Improper maintenance of electrical Improve the electrical Factory removed the electrical Health system of the factory. maintenance and Install proper panel in washing section. hazard signs on all the electrical panels. Jun-22 Occupational Safety and Worker Protection Improper maintenance of electrical Improve the electrical The factory cover the exposed Health system of the factory. maintenance and cover all the electrical wires exposed electrical wires in the workplace. Jun-22 Occupational Safety and Chemicals and Eyewash stations are missing in two Install eyewash stations in all areas The factory stop using Health Hazardous Substances areas of the workplace and another where chemical products are used. chemicals on the floor. one is not working. Jun-22 Occupational Safety and Chemicals and The factory does not have The factory needs to have an The factory stops using Health Hazardous Substances appropriate spot cleaning area. isolated area for the spot cleaning. chemicals on the floor. Jun-22 Occupational Safety and Chemnicals and MSDSs are not available in local Translate MSDS in the local The Factory post all missing Health Hazardous Substances language for all chemicals used in language and post them where MSDS in the workplace in local the workplace. chemical products are used. language. Jun-22 Occupational Safety and Chemicals and Chemical and hazardous substances Label all chemicals and hazardous The factory properly label all Health Hazardous Substances are not properly labelled. substances used in the workplace. chemicals and hazardous substances in the workplace. [page 222] Jun-22 Compensation Paid Leave Inaccurate sick leave payment. Calculate sick leave on worker's average daily earnings by including the lunch break payment. Jun-22 Occupational Safety and Chemicals and Inventory of chemicals and Update inventory of chemicals The factory adds all the Health Hazardous Substances hazardous substances is not and hazardous substances in the chemicals missing in the updated. workplace. inventory. Jun-22 Occupational Safety and OSH Management The structural safety certificate was Assess the buildings to ensure The factory provided a Health Systems not available. they meet the safety requirements structural safety certificate, for an industrial structure. certifying that the buildings” structure meets the safety requirements for an industrial structure Jun-22 Contracts and Human Termination Inaccurate annual salary supplement Pay the lunch break, ensure the Resources or bonus payments upon payment for annual salary termination supplement upon termination is based on the daily average earninos Jun-22 Contracts and Human Termination Inaccurate unused paid annual leave Pay the lunch break, ensure the Resources upon termination. payment for annual leave is based on the daily average earnings. Jun-22 Contracts and Human Termination Inaccurate applicable notice period Pay the lunch break and ensure Resources upon termination. the applicable notice payment is based on the daily average earnings. Jun-22 Contracts and Human Employment Contracts The factory does not have an Send the factory internal work The internal works rules have Resources internal work rules approved by the rules to MAST for approval. been submitted to MAST for Ministry of Labor. approval. Jun-22 Contracts and Human Employment Contracts The Dominican workers contract Ensure that all contracts are in Resources does not comply with the internal compliance with the factory work rules. internal work rules. Jun-22 Compensation Social Security and The factory is not registered with Register the factory with OFATMA The factory starts the Other Benefits OFATMA for maternity and health and then forward employer's registration process with insurance. contribution to OFATMA. OFATMA. Jun-22 Compensation Social Security and The calculation for ONA payment is Calculate ONA contributions on Other Benefits inaccurate and the employer does the average salary, include the not forward workers’ and employers' lunch break payment and forward contributions to ONA on time it on time. [page 223] Jun-22 Compensation Social Security and The factory did not send workers Send workers pay slip to OFATMA Other Benefits pay slip to OFATMA for sick leave for sick leave and maternity leave and maternity leave payment. payment. Jun-22 Compensation Social Security and The factory is not affiliated with Finalized the OFATMA affiliation Other Benefits OFATMA for work related accident. process for work accidents and pay OFATMA on time. Jun-22 Compensation Paid Leave Inaccurate sick leave payment. Calculate sick leave on worker's average daily earnings by including the lunch break payment. Jun-22 Compensation Method of Payment The factory does not pay the Pay wages during working hours as workers on time. required by the Labor Code. Jun-22 Compensation Paid Leave The lunch break is not compensated Pay the daily lunch break in the payroll. accurately to all workers. [page 224] BETTER WORK HAITI - 26TH SYNTHESIS REPORT Factory MBI HAITI S.A o Location: Port-au-Prince ' Number of workers: 1565 Date of registration: Aug-13 Date of last two Better Mar-22 Mar-23 Work assessments: Notes. Factory was periodically closed during the months of August September and October due to fuel shortage and socio-political unrest. Advisory and Training Services 9-Jun-23 Bipartite Committee Meeting Advisory summary session Virtual meeting with the bipartite committee to discuss: - the new improvement plan - the root causes and necessary corrective actions 6-Mar-23 Advisory meeting Advisory summary session - Reviewed several documents to identify the improvement made by the factory - | completed the purchasing practices survey with the factory management. Meeting Bipartite committee - To get an update on the factory situation. 6-Mar-23 Training Virtual Purchasing Practices Training ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment March 2023 Mar-23 Occupational Safety and OSH Management Provide free drinking water to Ensure that water test is conducted The Factory shared with El Health Systems workers but does not conduct the monthly basis. assessor the water test for the water test monthly. month of May 2023. Mar-23 Occupational Safety and Working Environment The noise level in some areas ofthe Take appropriate measures to keep the 39 Health workspace exceeded 90 db. noise level below 90db. Mar-23 Occupational Safety and OSH Management The factory does not record and Record and submit work related The factory sent accident 3 Health Systems submit work-related accidents to accidents to OFATMA on a monthly reports to OFATMA on a OFATMA on a monthly basis. basis. monthly basis. Mar-23 Occupational Safety and OSH Management The factory does not have a Update and adjust hazard/risk 19 Health Systems hazard/risk management and management and control procedures. control procedure that includes all the requirements. [page 225] Mar-23 Occupational Safety and OSH Management The factory does not have a written Develop an accident investigation 19 Health Systems accident investigation procedure procedure which includes all the that includes all the requirements. necessary elements... Mar-23 Occupational Safety and OSH Management The employer has failed to Ensure that all OSH issues are 19 Health Systems investigate, monitor and measure investigated, monitored and measured OHS issues as required. accurately. Mar-23 Contracts and Human Employment Contracts The factory does not have a Update and adjust the grievance 19 Resources grievance handling and dispute policies and procedures. resolution procedure that meets all the requirements. Mar-23 Contracts and Human Employment Contracts The factory does not fully Ensure that all parameters are 19 Resources investigates performance of HR. reviewed during the HR performance review. Mar-23 Contracts and Human Employment Contracts The factory does not adequately Ensure that all the steps are in place to 19 Resources communicate and implement HR allow the factory to implement its HR policies and procedures. policies. Mar-23 Working Time Leave The factory does not grant the Factory must provide all workers with 3 required annual leave to security 15 days of paid annual leave as guards. required by law. Mar-23 Working Time Regular Hours Regular working hours did not meet : Modify the internal work rules and 39 legal requirements. ensure the regular working hours do not exceed 48 hours per week. Mar-23 Occupational Safety and Emergency Obstructed aisles in several sections Keep routes unobstructed during The factory cleared all aisles 39 Health Preparedness of the workspace. working hours. during working hours, including overtime. Mar-23 Occupational Safety and Health Services and First Insufficient number of workers Train at least 10 percent of the 27 Health Aid trained in first aid. workforce in first aid. Mar-23 Occupational Safety and Health Services and First First aid boxes were not accessible in Ensure that first aid boxes are All first aid boxes are accessible 39 Health Aid the sewing floor of one building. accessible in all building. on the floor of building 53. Mar-23 Occupational Safety and Health Services and First Insufficient medical personnel. Hire additional nurses to comply with 39 Health Aid the labor code. [page 226] Mar-23 Occupational Safety and Health Services and First Incomplete annual medical checks Proactively work with. OFATMA to 19 Health Aid provide to workers. distribute the health cards and conduct the medical checks as required. Mar-23 Occupational Safety and Health Services and First Incomplete medical checks provided Proactively work with OFATMA to 19 Health Aid twice a year to workers exposed to distribute the health cards and conduct work-related hazards. the medical checks as required. Mar-23 Occupational Safety and Health Services and First Incomplete medical checks provided Proactively work with OFATMA to 19 Health Aid Within the first three months of distribute the health cards and conduct hiring to workers. the medical checks as required. Mar-23 Occupational Safety and Working Environment light levels were inappropriate in Ensure the lighting is adequate and 39 Health some working sections. adapted to worker's needs. Mar-23 Occupational Safety and Working Environment Workplace temperatures levels are Monitor the temperature level and 39 Health unacceptable. maintain it under 30 C inside the workplace. Mar-23 Occupational Safety and Worker Protection Improper maintenance of electrical Ensure that all electrical panels have a The factory added the missing 39 Health system of the factory. hazard sign and circuit breakers are hazard sign and correctly properly labelled. labeled all circuit breakers. Mar-23 Occupational Safety and Worker Protection The factory did not provide Provide proper PPE to all workers 19 Health appropriate PPE to all workers. doing heavy lifting work. Mar-23 Occupational Safety and Chemicals and MSDSs are not available in local Translate MSDS in the local language 39 Health Hazardous Substances language for all chemicals used in and post them where chemical the workplace. products are used. Mar-23 Occupational Safety and Chemicals and Chemical and hazardous substances Label all chemicals and hazardous The factory has labeled all 39 Health Hazardous Substances are not properly labelled. substances used in the workplace. chemicals and hazardous substances used in the workplace. Mar-23 Occupational Safety and Chemicals and Inventory of chemicals and Update inventory of chemicals and 39 Health Hazardous Substances hazardous substances is not hazardous substances in the updated. workplace. Mar-23 Contracts and Human Termination The calculation of the annual salary Pay workers their annual salary The June 13 decree suspends 26 Resources supplement or bonus upon supplement upon termination and the 38 law. It is no longer termination does not include the include the lunch break payment in the required to pay the lunch lunch break payment. calculation. break. [page 227] Mar-23 Contracts and Human Termination The calculation for unused paid Pay the unused paid annual leave The June 13 decree suspends 26 Resources annual leave upon termination does upon termination and include the the 38 law. Itis no longer not include the lunch break lunch break payment in the calculation required to pay the lunch payment. break. Mar-23 Contracts and Human Termination The calculation of the payment for Pay the applicable notice period and The June 13 decree suspends 26 Resources the applicable notice period does include the lunch break payment in the the 3*8 law. It is no longer not include the lunch break calculation required to pay the lunch payment. break. Mar-23 Contracts and Human Employment Contracts The internal rules do not comply Revised the internal rules to include 3 Resources with the Labor Code. entry and exit hours, pay locations and times of payment. Mar-23 Contracts and Human Employment Contracts Foreign worker's contract does not Review the foreign workers contract to 26 Resources include the employer's information include all the missing information. as well as the employee's salary. Mar-23 Compensation Social Security and The factory did not send workers Send workers pay slip to OFATMA for 16 Other Beneñits pay slip to OFATMA for sick leave sick leave and maternity leave and maternity leave payment. payment. Mar-23 Compensation Social Security and The calculation of workers’ Calculate ONA contributions on the The June 13 decree suspends 26 Other Benefits contribution for ONA payment is basic salary, and forward it on time. the 38 law. It is no longer inaccurate and payments are made required to pay the lunch late consistently. break. Mar-23 Compensation Social Security and The calculation of employer's Calculate ONA contributions on the The June 13 decree suspends 26 Other Benefits contribution for ONA payment is basic salary, and forward it on time. the 38 law. It is no longer inaccurate and payments are made required to pay the lunch late consistently. break. Mar-23 Compensation Social Security and The calculation of workers" Calculate OFATMA contributions on The June 13 decree suspends 26 Other Benefits contribution for OFATMA payment the basic salary, and forward it on time. the 3*8 law. It is no longer is inaccurate and payments are required to pay the lunch made late consistently. break. Mar-23 Compensation Social Security and The calculation of employer's Calculate OFATMA contributions on The June 13 decree suspends 26 Other Benefits contribution for OFATMA payment the basic salary, and forward it on time. _ the 3*8 law. It is no longer is inaccurate and payments are required to pay the lunch made late consistently. break. Mar-23 Compensation Social Security and Inaccurate payment for annual Pay annual leave based on average The June 13 decree suspends 26 Other Benefits salary supplement. earnings. the 38 law. It is no longer required to pay the lunch break. [page 228] Mar-23 Compensation Social Security and Inaccurate payment to OFATMA for Complete the payment for OFATMA 3 Other Benefits work-related accident insurance. work related accident for the fiscal year 2022-2023. Mar-23 Compensation Paid Leave The lunch break is not compensated The June 13 decree suspends the 3*8 The June 13 decree suspends 26 in the payroll. law, so Better Work is not finding non- the 38 law. Itis no longer compliance for non-payment of the required to pay the lunch lunch break. break. Mar-23 Compensation Paid Leave Inaccurate payment for maternity Calculate the maternity leave payment The June 13 decree suspends 26 leave. on worker's average daily earnings. the 38 law. Itis no longer required to pay the lunch break. Mar-23 Compensation Paid Leave Inaccurate sick leave payment. Pay sick leave based on average The June 13 decree suspends 26 earnings. the 38 law. Itis no longer required to pay the lunch break. Mar-23 Compensation Paid Leave Inaccurate annual leave payment. Pay annual leave based on average The June 13 decree suspends 26 earnings. the 38 law. Itis no longer required to pay the lunch break. Mar-23 Compensation Overtime Wages Inaccurate payment of overtime. Pay Overtime correctly as required by 3 law. Assessment March 2022 Mar-22 Occupational Safety and OSH Management The factory does not have an Develop a hazard/risk policy and 12 Health Systems accurate hazard/risk management procedures. Train the HR and and control procedure. compliance staff on the implementation of the policy. Mar-22 Occupational Safety and OSH Management The factory does not have an Develop an accident investigation 12 Health Systems accurate accident investigation procedure and include all the procedure. necessary elements to find the root causes and to prevent the reoccurrence of the accident. Mar-22 Occupational Safety and OSH Management The employer does not properly Perform regular review of the 12 Health Systems investigate, monitor and measure management system document to OSH issues monitor performance and ensure that objectives are being met. [page 229] Mar-22 Contracts and Human Employment Contracts The grievance handling and dispute Review the grievance policy to include 12 Resources resolution procedure is not accurate. the missing elements such as review and appeal process, communication of changes made. Mar-22 Contracts and Human Employment Contracts Employer does not takes action to Perform an assessment of HR policy to 12 Resources investigate violations of HR policies identify weaknesses and make the and procedures. necessary adjustments. Investigate HR violations and establish a monitoring system to follow up and prevent a repeat of those violations. Mar-22 Contracts and Human Employment Contracts HR policies and procedures are not Revie the HR policy and procedures to 12 Resources properly communicated. include induction training for workers. Provide training to HR staff on the implementation of the policy. Mar-22 Working Time Regular Hours Regular working hours exceed the Update the internal work rules and 32 legal limit. comply the working hours mandated by the labor code. (48 Hours) Mar-22 Occupational Safety and Emergency Obstructed emergency exits and Keep all emergency exits and routes 32 Health Preparedness routes in in several areas. free from obstructions. Mar-22 Occupational Safety and Health Services and First First aid boxes were not readily Ensure that all first aid boxes are 32 Health Aid accessible in building 52. readily accessible. Post the name and pictures of the persons in charge of the first aid boxes in a visible space next to the boxes. Mar-22 Occupational Safety and Health Services and First Insufficient medical personnel. Increase the number of medical 32 Health Aid personnel to comply with the labor code. Mar-22 Occupational Safety and Health Services and First Factory did not provide medical Medical check up has to be done twice First medical check has been 12 Health Aid checks twice a year, for workers for all the workers exposed chemical done last February. exposed to work-using chemical and and hazardous products. Next medical check is planed hazardous products. for the month of August 2022 [page 230] Mar-22 Occupational Safety and Health Services and First Newly hired workers do not received Follow up with OFATMA to pay for Factory has paid for the health 12 Health Aid the health card within the first 3 the health card (CDS). cards. month of hiring. OFATMA has delivered 90% of the required cards on June 9th. Factory has already delivered the available cards to the workers Mar-22 Occupational Safety and Welfare Facilities Insufficient space at the eating area Provide an adequate space that can 32 Health of the factory. accommodate all the workers during lunch time or schedule different lunch break periods. Mar-22 Occupational Safety and Welfare Facilities Soap and paper were not readily Provide soap and paper for the Factory has made the 32 Health available in one building. workers in all the buildings. correction after the assessment There is one person available on each building responsible for the toilets, Mar-22 Occupational Safety and Welfare Facilities Insufficient number of Toilets. Increase to number of toilet to have at 32 Health least 1 per every 15 women and 1 for every 25 men. Mar-22 Occupational Safety and Working Environment Debris of cloth materials scattered in Keep the workspace clean and tidy. Factory has made corrections 12 Health the workplace. Mar-22 Occupational Safety and Working Environment Light levels were inappropriate in all Ensure the lighting is adequate and 32 Health the working sections. adapted to worker's needs. Mar-22 Occupational Safety and Working Environment The noise level in one areas of the Take appropriate measures to keep the 32 Health workspace exceeded 90 db. noise level below 90db. Mar-22 Occupational Safety and Working Environment Workplace temperatures levels are Monitor the temperature level and 32 Health unacceptable. maintain it under 30 C inside the workplace. Mar-22 Occupational Safety and Worker Protection No register was available for all Check all workers’ and visitors’ 12 Health persons with à temperature of 38C temperature at the entrance. Keep a and above. registry for people presenting a temperature of 38 C and above. Mar-22 Occupational Safety and Worker Protection No training was provided to all staff Provide training or awareness raising to 12 Health on Covid-19. all staff on the prevention of COVID- 19. [page 231] Mar-22 Occupational Safety and Worker Protection Assessors noticed a half-open tank Post safety warning on all fuel tanks. Correction has been made after 12 Health with no safety warning. the assessments, Mar-22 Occupational Safety and Worker Protection Improper maintenance of electrical Perform proper maintenance on the Right after this work, 32 Health system of the factory. electrical system. corrections has been made. Mar-22 Occupational Safety and Worker Protection The factory did not provide Provide all workers with the necessary : PPE are available for all 12 Health appropriate PPE to all workers. PPE to protect them during work workers, however factory is hours. doing more training for the workers to encourage them to use the materials. Mar-22 Occupational Safety and Chemicals and The factory does not have Isolate the spot cleaning area away Management took immediate 12 Health Hazardous Substances appropriate spot cleaning area. from the workers. action and it was corrected. Mar-22 Occupational Safety and Chemicals and MSDSs are not available for some Translate MSDS in the local language Factory has put MSDS for the 32 Health Hazardous Substances products used in the workplace. and post them where chemical product that will be used on products are used and stored. the generator room. Mar-22 Occupational Safety and Chemnicals and Chemical and hazardous substances Label all chemicals and hazardous Corrections has been made 32 Health Hazardous Substances are not properly labelled. substances used in the workplace. after the assessment. Mar-22 Occupational Safety and Chemnicals and Inventory of chemicals and Update and maintain the inventory of Inventory has been updated 32 Health Hazardous Substances hazardous substances is not chemical products used in the and shared with EA. updated. workplace. Mar-22 Contracts and Human Termination Inaccurate annual salary supplement Calculate annual salary supplement or 19 Resources or bonus upon termination bonus payment based on worker's calculation. average daily earnings. Mar-22 Contracts and Human Termination Inaccurate unused annual leave Calculate annual payment based on 19 Resources calculation upon termination. worker's average daily earnings. Mar-22 Contracts and Human Termination Inaccurate notice period payment. Calculate the payment for the notice 19 Resources period based on worker's average daily earnings. Mar-22 Contracts and Human Employment Contracts Foreign worker's contract does not Review the foreign workers contract to 9 Resources include the employer's information include all the missing information. as well as the employee's salary. Mar-22 Compensation Social Security and The calculation of the annual salary Pay the lunch break and include it in 19 Other Benefits supplement or bonus does not the calculation of the average daily include the lunch break payment. earnings. [page 232] Mar-22 Compensation Social Security and The factory sends the worker's pay Pay the lunch break and include it in 9 Other Benefits slip to OFATMA the last three the calculation of the average daily months. However the calculation of earnings. the average daily earning is not correct. Mar-22 Compensation Social Security and Inaccurate calculation of workers’ Pay the lunch break and include it in 19 Other Benefits and employer's contribution for the calculation of the average daily ONA. earnings. Mar-22 Compensation Social Security and Inaccurate calculation of workers" Pay the lunch break and include it in 19 Other Benefits and employer's contribution for the calculation of the average daily OFATMA. earnings. Mar-22 Compensation Paid Leave The lunch break is not compensated Pay the lunch break as required by the 19 in the payroll. 3*8 law. Mar-22 Compensation Paid Leave The calculation of the annual leave Pay the lunch break as required by the : Management explained that payment is incorrect because it does 3*8 law. they calculated the annual not include the lunch break leave according to the bonus payment. but they will make changes in their payroll system. Mar-22 Compensation Paid Leave Inaccurate payment of maternity Pay the lunch break and include it in 19 leave. 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 19 the calculation of the average daily earnings, for sick leave payment. [page 233] BETTER WORK HAITI - 26TH SYNTHESIS REPORT Factory: MD Industries $ Location: Ouanaminthe Number of workers 4,649 Date of registration: Jan-20 Date of last two Better Jun-22 Jun-23 Work assessments: Advisory and Training Services 12-Apr-23 Training Chemical Management System 12-Apr-23 Advisory meeting To conduct OSH tour and identify hazards on emergency preparedness, chemical and electrical safety. Session on management systems gap analysis. T-Apr-23 Training PNCSs & Management System 23-Mar-23 Advisory meeting To present the OSH policy and OSH factory tour to identify area of improvements. Session on OSH KPI and chemical handling procedure. 2-Feb-23 Advisory meeting To validate pending issues on emergency preparedness, Bipartite meeting and meeting with Union leaders regarding workplace concerns. 25-Nov-22 Virtual advisory meeting Virtual OSH tour on chemical management, meeting with Union leaders on CBA violation, Session with the compliance team to validate the portal. 17-Nov-22 Training Virtual Introduction to Workers Rights & Responsibilities 13-Sep-22 Virtual advisory meeting Management meeting on Publicly reported issues, session on First Progress report and review of the improvement plan. 31-Aug-22 Training BWH-TNG HIV/AIDS 29-Aug-22 Training Supervisory Skills (SST) 19-Aug-22 Training Bipartite Committee ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment June 2023 Jun-23 Occupational Safety and Chemicals and Hazardous The inventory of chemical and hazardous Assign a person, responsible for updating 27 Health Substances products is incomplete. inventories of hazardous substances in the various locations where they are stored or used. Jun-23 Occupational Safety and Chemicals and Hazardous Unlabeled containers of chemicals Define who controls the chemical 27 Health Substances products found in the workplace. container upon receipt from supplier and control the labeling. Jun-23 Occupational Safety and Chemicals and Hazardous MSDS not available for all chemical Keep chemical MSDS for all hazardous 27 Health Substances product used in the workplace. chemicals used in the workplace. Jun-23 Occupational Safety and Chemicals and Hazardous The spot cleaning area does not have the Improve isolation from the chemical (e.g. 27 Health Substances proper conditions to prevent unnecessary separate room for spot cleaning). exposure of workers to chemical products. [page 234] Jun-23 Occupational Safety and Chemicals and Hazardous Eye wash stations are not available in all Install eye wash facilities were chemicals Weekly checklist and portable 27 Health Substances areas where chemical products are used. are used. wash bottle in all the station that Include this aspect in the daily and weekly use chemical. checks. Jun-23 Freedom of Association Collective Bargaining Failure to implement several provisions of Register all employees to OFATMA for 12 and Collective Bargaining the CBA. work related Accidents, maternity and health insurance. Provide chairs with back rest to all workers and allocate chair for standing workers. Jun-23 Occupational Safety and Emergency Preparedness Undercharged, obstructed and missing fire Install adequate firefighting equipment in 27 Health extinguishers in several areas of the the workplace. workplace. Jun-23 Occupational Safety and Emergency Preparedness Several escape routes were obstructed. Provide additional space for storing 27 Health goods. Jun-23 Occupational Safety and Emergency Preparedness The factory has not conducted fire drills Conduct at least 2 emergency drill per 27 Health every six months in all buildings. calendar year. Insert the drills in the OSH annual training plan. Jun-23 Occupational Safety and Emergency Preparedness Sources of ignition are not properly Ensure that sources of ignition are Sign are posted in all the area at 27 Health safeguarded. properly protected the factory prohibiting the connection of lamps, electronic equipment, and cellbhones. Jun-23 Contract and Human Employment Contracts The apprentice contracts were not Send the apprentice contracts to the 12 Resources approved by the Ministry of Labor (MAST), … Ministry of Labor (MAST) for approval. as legally required. Jun-23 Contract and Human Employment Contracts The factory does not have internal work Review the internal work rules. The factory is waiting the 12 Resources rules approved by the Ministry of Labor. Send the document to MAST for approval. response of MAST. Ensure that all the pages are stamped. Jun-23 Contract and Human Employment Contracts The communication on HR policies and Conduct Induction training for workers. 12 Resources procedures does not include Induction all Provide Staff training on how to carry out the necessary steps. policies and procedures. Display policies and internal regulations in the factory. Jun-23 Contract and Human Employment Contracts Human Resource management system Develop à procedure on HR performance 12 Resources document were not available at the time of indicators. the assessment visit. Have in place a monitoring systems. Jun-23 Contract and Human Employment Contracts The factory recruitment procedure is not Develop a recruitment procedure, that 12 Resources adequate. includes all the necessary elements. Jun-23 Contract and Human Employment Contracts The grievance procedure is not adequate. Include in the procedure communication 12 Resources of changes made and resolution. [page 235] Jun-23 Occupational Safety and Health Services and First Aid The factory does not have onsite medical Set up a clinic approved by the 27 Health facilities and staff as required by art. 478 Authorities or Hire the required medical and 479 of the labor code. staff. Jun-23 Occupational Safety and Health Services and First Aid The total number of workers trained in first Provide additional training on first aid to 27 Health aid is less 10 percent of the workforce. workers. Jun-23 Occupational Safety and OSH Management Systems Structural safety certificates are not Request a structural safety certificate 12 Health available for all the buildings. from the city council certifying the structure of the buildings meets the safety requirements for an industrial structure. Jun-23 Occupational Safety and OSH Management Systems The factory does not effectively Display OSH policies and work 12 Health communicates and implements OSH instructions in the workplace. policies. Post of evacuation plans in all buildings Jun-23 Occupational Safety and OSH Management Systems The employer does not investigates Investigates monitors and measures OSH 12 Health monitors and measures OSH issues. issues through: Regular test, survey and inspections. Jun-23 Occupational Safety and OSH Management Systems The factory does not have an accident Develop an accident investigation The factory has developed and 12 Health investigation procedure. procedure that includes: Implementation implemented an accident of changes in order to avoid reoccurrence. investigation procedure that includes, Root cause analysis, Focus on sustainable solutions. Jun-23 Occupational Safety and OSH Management Systems The factory does not have an adequate Develop the policy in consultation with 12 Health OSH policy that is signed by top workers and their representatives which management and developed in include measurable objectives and consultation with workers and their improvement targets. representatives. Jun-23 Compensation Paid Leave The annual leave payment is not calculated Ensure that annual leave payment is The factory made some changes 27 based on worker's average daily earnings. calculated on average earnings. and annual leave payment is calculated based on workers average daily earnings. Jun-23 Compensation Paid Leave Sick leave is not compensated based on Register the workers to OFATMA 27 the average earnings. maternity and health insurance. Send workers’ pay slip to OFATMA for sick leave payment. Jun-23 Compensation Paid Leave The factory only paid 6 weeks of maternity Register the workers to OFATMA 27 leave where workers are entitled to 12 maternity and health insurance. Send weeks of payment. workers’ pay slip to OFATMA for maternity leave payment. Jun-23 Working Time Regular Hours The factory's working hours for all shifts, Post the factory's working hours for all The working hour is included in 27 are not posted in all the buildings. shifts including break time. the compliance weekly checklist. [page 236] Jun-23 Working Time Regular Hours Time records is not accurate. Have an accurate and detailed payroll 27 system. Jun-23 Compensation Social Security and Other ONA deduction are based on the Calculate ONA deduction on Workers' basic 27 Benefits minimum salary. salary Forward worker's and employers' contribution to ONA within the first 10 business days of the next month for the previous month. Jun-23 Compensation Social Security and Other The factory is not register for OFATMA Discuss legal requirements with the 27 Benefits maternity and health insurance General Manager. Register with OFATMA for maternity and health insurance. Jun-23 Compensation Social Security and Other Employer's contributions to ONA are Calculate ONA deduction on Workers' 27 Benefits based on minimum salary. basic salary Forward worker's and employers' contribution to ONA within the first 10 business days of the next month for the previous month. Jun-23 Compensation Social Security and Other The factory is not register for OFATMA Register with OFATMA for maternity and 27 Benefits maternity and health insurance Health insurance. Jun-23 Compensation Social Security and Other The factory did not send workers pay slip Send workers pay slip to OFATMA for 27 Benefits to OFATMA for sick leave and maternity sick leave and maternity leave payment. leave payment. Jun-23 Compensation Wage Information, Use and The time records between the payroll and Have an accurate and detailed payroll 27 Deduction attendance record did not match. system. Jun-23 Occupational Safety and Welfare Facilities Insufficient number of toilets. Increase the number of toilets as required 27 Health by law. Jun-23 Occupational Safety and Welfare Facilities The employer does not have its own eating Provide an eating Area that can 27 Health area, instead workers use the communal accommodate all the workers. eating areas shared with other factories within CODEVI (industrial park). Jun-23 Occupational Safety and Worker Protection The employer has not provided proper PPE Provide employees with all necessary 27 Health to all workers. personal protective clothing and equipment according to PPE regulation. Jun-23 Occupational Safety and Worker Protection 25 percent of the single-needle machines Install the finger guards on single-needle The factory has developed à 27 Health in one building were missing their finger machines. Weekly inventory by area. guards. [page 237] Jun-23 Occupational Safety and Worker Protection The emergency light is not working in one Develop a preventive maintenance plan. 27 Health of the forklifts. Add this aspect in the daily and weekly check. Jun-23 Occupational Safety and Worker Protection Industrial platform ladder missing one side Develop a preventive maintenance plan. 1 Health rail of at least 0.90m as recommended by Add this aspect in the daily and weekly the labor Code. check. Jun-23 Occupational Safety and Working Environment Lux level is insufficient in the workplace. Increase the lux level with additional light. 27 Health Specify who is in charge of regular maintenance of the lights and conduct regular measurement of temperature & compare with threshold value. Jun-23 Occupational Safety and Working Environment Temperature level exceed 30 C in the Increase the ventilation with additional 27 Health workplace fans. Specify who is in charge of regular maintenance of the fans and conduct regular measurement of temperature & compare with threshold value. Jun-23 Occupational Safety and Working Environment The waste area is not clean and tidy. Hire additional cleaners and improve the 2 Health Workers close to it complained about the housekeeping of the workplace smell. Assessment June 2022 Jun-22 Freedom of Association Collective Bargaining Violation of the CBA. Register all employees to OFATMA for 5 and Collective Bargaining work related Accidents, maternity and health insurance. Provide chairs with back rest to all workers and allocate chair for standing workers. Jun-22 Compensation Wage Information, Use and Some supervisors and workers did not 1. Have a single time record 20 Deduction punch in and out. However, they had time 2. Keep working time records for at least for normal hours including overtime in their 12 months payroll record. Jun-22 Compensation Paid Leave The calculation of annual leave payment Discuss legal requirements with the 20 does not include the lunch break payment. General Manager, pay the lunch break and include it in the calculation of annual leave Jun-22 Compensation Paid Leave Sick leave is not compensated based on Discuss legal requirements with the 20 the average earnings and it does not General Manager, pay the lunch break and include the lunch break payment. include it in the calculation of sick leave. Jun-22 Compensation Paid Leave The factory only paid 6 weeks of maternity Pay the lunch break. 20 leave. Ensure that workers are registered with OFATMA for maternity and Health insurance. [page 238] Jun-22 Compensation Paid Leave The lunch break is not compensated in the Discuss legal requirements with the 20 payroll General Manager and pay the lunch break. Jun-22 Compensation Paid Leave The factory does not pay annual leave, sick Discuss legal requirements with the 20 leave and maternity leave correctly. General Manager and pay the lunch break. Jun-22 Compensation Social Security and Other The calculation for annual salary Pay the lunch break and include the 20 Benefits supplement or bonus does not include the payment in the calculation of annual lunch break payment. salary supplement. Jun-22 Compensation Social Security and Other The factory did not send workers pay slip Send workers pay slip for the last 3 20 Benefits for the last 3 months to OFATMA for sick months to OFATMA for sick leave and leave and maternity leave payment. maternity leave payment. Jun-22 Compensation Social Security and Other The employer collect and forward the Pay the lunch break, then forward 5 Benefits workers’ and employers' contributions to worker's and employers’ contribution to ONA, based on the minimum salary. ONA within the first 10 business days of the next month for the previous month Jun-22 Compensation Social Security and Other They factory did not collect workers" Pay the lunch break, then forward 20 Benefits contributions for OFATMA Maternity and worker's and employers’ contribution to Health insurance. OFATMA within the first 10 business days of the next month for the previous month. Jun-22 Contract and Human Employment Contracts The factory does not have an internal work Review the internal work rules. 20 Resources rules approved by the Ministry of Labor. Send the document to MAST for approval. Ensure that all the pages are stamped. Jun-22 Occupational Safety and OSH Management Systems Management has submitted only 7 months Declare accidents to OFATMA monthly. 20 Health of work related accident to OFATMA. Jun-22 Occupational Safety and Chemicals and Hazardous The inventory of chemical products is not Assign responsible persons for updating 20 Health Substances accurate. inventories of hazardous substances in the various locations where they are stored or used: Jun-22 Occupational Safety and Chemicals and Hazardous Unlabeled containers of chemical and Define who control the chemical container 20 Health Substances hazardous products found in the on receipt from supplier and control the workplace. label. Jun-22 Occupational Safety and Chemicals and Hazardous MSDS were not available for all chemical Keep chemical MSDS for all hazardous 20 Health Substances and hazardous products used in the chemicals used in the workplace. workplace. Jun-22 Occupational Safety and Chemicals and Hazardous The spot cleaning area does not have the Improve isolation from the chemical (e.g. 20 Health Substances proper conditions to prevent unnecessary separate room for spot cleaning). exposure of workers to chemicals as it is not an isolated area. [page 239] Jun-22 Occupational Safety and Chemicals and Hazardous No eye wash has been installed near the Improve effectiveness of eyewash station 20 Health Substances mechanic shop where chemical products and provide eye wash bottles. are used. Jun-22 Occupational Safety and Worker Protection The factory has not provided proper PPE Provide employees with all necessary 20 Health to all workers. personal protective clothing and equipment according to PPE regulation. Jun-22 Occupational Safety and Worker Protection 90 percent of the single-needle machines Define who is in charge of installing and 20 Health in MD4 were missing their finger guards. regularly maintaining the machine guards. Jun-22 Occupational Safety and Worker Protection The factory does not systematically check Check the body temperature of all 5 Health all workers’ and visitors’ body temperature workers as well as visitors. upon entry. Jun-22 Occupational Safety and Worker Protection It was observed that several chairs in the Provide chairs with backrest for all 5 Health sewing areas are missing backrest. workers. Add this aspect in the daily or weekly checks. Jun-22 Occupational Safety and Working Environment Workplace temperature exceed Better Take action to reduce the temperature ( 20 Health Work recommended limit of 30 C. opening in the roof, water curtain, additional fans). Jun-22 Occupational Safety and Working Environment Lux level is insufficient in all sections. Ensure that the factory meets the 20 Health following requirements A minimum of 300 lux for Pressing section, 500 lux for Sewing, cutting, packing and 750 lux for Trimming, Inspection. Jun-22 Occupational Safety and Welfare Facilities Insufficient number of toilets. Discuss legal requirements with the 20 Health General Manager. Increase the number of toilets as required by law. Jun-22 Occupational Safety and Welfare Facilities The employer does not have its own eating Ensure the factory has it own eating area 20 Health area. Instead, workers use the communal that can accommodate all the workers. eating areas shared with other factories within CODEVI (industrial park). Jun-22 Occupational Safety and Health Services and First Aid The factory does not have an onsite Hire the required medical staff. 20 Health medical facilities and staff as required by art. 478 and 479 of the labor code. Jun-22 Occupational Safety and Health Services and First Aid Four first aids boxes are missing items Equip first aid box and define 20 Health listed on the checklist. In addition one first … responsibility for refilling. aid box was obstructed. [page 240] Jun-22 Occupational Safety and Health Services and First Aid The total number of workers trained in first Train at least 10 percent of the workforce. 20 Health aid is less 10 percent of the workforce as recommended by Better Work. Jun-22 Occupational Safety and Emergency Preparedness Fire extinguisher are not properly Mark on the floor areas that should 20 Health maintainedl. remain unobstructed and provide additional space for storing goods. Jun-22 Occupational Safety and Emergency Preparedness Evacuation route is not clearly marked. Paint evacuation arrows and signs. 20 Health Identify the meeting point and ensure it visible to workers in case of emergency. Jun-22 Occupational Safety and Emergency Preparedness The factory has not conducted an Conduct at least 2 emergency drill per 20 Health emergency drill every 6 months. calendar year with the authorities (incl. full evacuation of the workforce). Jun-22 Working Time Regular Hours The regular working hours are exceed the Ensure that the weekly regular working 20 legal limit. hours which include the daily break do not exceed 48 hours per week. Jun-22 Working Time Regular Hours A review of the working time record and Have an accurate attendance recording 20 interviewed with workers revealed system. discrepancies in the time record. Jun-22 Working Time Leave Pregnant workers do not go on leave 6 Develop a procedure for pregnant women. 20 weeks before giving birth. Inform workers of their rights. Jun-22 Contract and Human Employment Contracts The communication on HR policies and Provide staff training on how to carry out 5 Resources procedures does not include : Staff training policies and procedures. on how to carry out policies and procedures. Jun-22 Contract and Human Employment Contracts The employer does not investigate Develop a procedure on HR performance 5 Resources violations of HR policies and procedures. indicators. Have in place a monitoring systems to identifies weaknesses and make necessary adjustments to prevent reoccurrence. Jun-22 Contract and Human Employment Contracts The grievance procedure does not ensure Review the grievance procedure to ensure 5 Resources anonymity. anonymity and translate it in local language. Jun-22 Contract and Human Employment Contracts Recruitment procedure is not adequate. Develop an appropriate recruitment 5 Resources procedure. [page 241] Jun-22 Occupational Safety and OSH Management Systems Management did not show evidence of Provide Worker training relevant to 5 Health worker training relevant to assigned tasks. assigned tasks - Train the OSH committee - Post names of OSH committee members - Post policies and work instructions Jun-22 Occupational Safety and OSH Management Systems Management does not implement the Investigates monitors and measures OSH 5 Health followings: issues through: - Logging and analysis of violations of - Regular test, survey and inspections procedures. - Logging and analysis of violations of procedures. Jun-22 Occupational Safety and OSH Management Systems The factory does not have an adequate Develop an accident investigation 5 Health accident investigation procedure. procedure that includes: - Root cause analysis - Focus on sustainable solutions - Implementation of changes in order to avoid reoccurrence Jun-22 Occupational Safety and OSH Management Systems The factory does not have an adequate Develop a hazard/risk management and 5 Health hazard/risk management and control control procedure that includes: procedure. A systematic approach to identifying hazards. Jun-22 Occupational Safety and OSH Management Systems The OSH policy does not establish Develop an OSH policy in consultation 5 Health measurable objectives and improvement with workers’ representative and establish targets. measurable objectives. [page 242] BETTER WORK HAITI - 26TH SYNTHESIS REPORT Factory: MGA Haiti S.A. Location: Port-au-Prince Number of workers: 1520 Date of registration: Oct-09 Date of last two Better Mar-22 Feb-23 Work assessments: Advisory and Training Services 28-Jul-23 Training Virtual Sexual Harassment Awareness and Prevention for Middle Management 10-Jun-23 Advisory meeting Advisory summary session: Virtual meeting with the bipartite committee to discuss: - the new improvement plan - the root causes and necessary corrective actions. 27-Feb-23 Advisory meeting Advisory summary session - Reviewed several documents to identify the improvement made by the factory - l'completed the purchasing practices survey with the factory management. Meeting Bipartite committee: to get an update on the factory situation. 27-Feb-23 Training Virtual Purchasing Practices Training 27-Jan-23 Training Workplace Cooperation & Communication TI-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. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment February 2023 Feb-23 Occupational Safety Chemicals and Hazardous Inventory of chemicals and hazardous Ensure that documentation is The factory shares the inventory 45 and Health Substances substances was not available at the time available during the evaluation with the assessor during the of the assessment visit. period. advisory visit. Feb-23 Occupational Safety Chemicals and Hazardous Chemical and hazardous substances are Label all chemicals and hazardous 45 and Health Substances not properly labelled. substances used in the workplace Feb-23 Occupational Safety Chemicals and Hazardous MSDSs are not available in local language Translate MSDS in the local Building 11 is no longer used as a 45 and Health Substances for all chemicals used in the workplace. language and post them where sewing floor, now they use it as a chemical products are used. warehouse. Feb-23 Occupational Safety Chemicals and Hazardous The factory does not have appropriate The factory needs to have an 26 and Health Substances spot cleaning area. isolated area for the spot cleaning. [page 243] Feb-23 Occupational Safety Chemicals and Hazardous Eye wash station is not operational in The factory needs to install The factory has fixed the eye wash 17 and Health Substances several section in the factory. eyewash station in all areas where issues in building 17. Building Tl is chemical products are used. no longer used as a sewing floor, now they use it as a warehouse. Feb-23 Occupational Safety Emergency Preparedness Fire extinguishers were not properly Provide adequate firefighting The factory has fixed the fire 62 and Health maintained equipment and Ensure regular extinguisher issues in building 17. maintenance is done Building 11 is no longer used as a sewing floor, now they use it as a warehouse. Feb-23 Occupational Safety Emergency Preparedness Obstructed aisles in several areas. Keep all aisles free from 17 and Health obstructions. Feb-23 Occupational Safety Emergency Preparedness Source of ignition not properly Ensure that all source of ignition The factory removed the source of 17 and Health safeguarded. are properly safeguarded. ignition inside the wooden box. Feb-23 Contracts and Human Employment Contracts The disciplinary and termination Review the procedure to include 17 Resources procedure does not include all the details on the workers’ rights to necessary steps. disciplinary processes. defend themselves prior to termination, and to representation during disciplinary processes. Feb-23 Contracts and Human Employment Contracts The grievance handling and dispute Review the procedure to include 17 Resources resolution procedure does not include all details on the workers’ rights to the necessary elements. defend themselves prior to termination, and to representation during disciplinary processes. Feb-23 Contracts and Human Employment Contracts The factory does not adequately Ensure that all the steps are in 17 Resources communicate and implement HR policies place in the factory. and procedures. Feb-23 Contracts and Human Employment Contracts The factory does not fully investigates Ensure that all parameters are 17 Resources performance of HR. reviewed during the HR performance review. Feb-23 Contracts and Human Employment Contracts Foreign worker's contract does not Review the foreign workers 17 Resources include the employer's information as contract to include all the missing well as the employee's salary. information. [page 244] Feb-23 Occupational Safety Health Services and First Newly hired workers do not received the Proactively work with OFATMA to 54 and Health Aid health card within the first 3 month of distribute the health cards and hiring. conduct the medical checks as required Feb-23 Occupational Safety Health Services and First Factory did not provide medical checks Medical check up has to be done 54 and Health Aid twice a year, for workers exposed to work- twice for all the workers exposed using chemical and hazardous products. chemical and hazardous products. Feb-23 Occupational Safety Health Services and First Factory did not provide annual medical Proactively work with OFATMA to 54 and Health Aid checks to workers distribute the health cards and conduct the medical checks as required Feb-23 Occupational Safety Health Services and First Insufficient number of medical personnel. Hire additional nurses to comply 62 and Health Aid with the labor code. Feb-23 Occupational Safety Health Services and First First aid boxes were not readily accessible The factory needs to designate a 42 and Health Aid in some buildings and several products person to monitor the inventory of were expired in the clinic the first aid boxes. Feb-23 Occupational Safety OSH Management Systems The structural safety certificate was not Request a structural safety 17 and Health available. certificate from the city hall. Feb-23 Occupational Safety OSH Management Systems The employer has failed to investigate, Ensure that all OSH issues are 17 and Health monitor and measure OHS issues as investigated, monitored and required. measured accurately. Feb-23 Occupational Safety OSH Management Systems The factory does not have a written Update the accident investigation 17 and Health accident investigation procedure that procedure and include the includes all the requirements. implementation of changes in order to avoid reoccurrence. Feb-23 Occupational Safety OSH Management Systems The factory does not have a hazard/risk Update the hazard/risk 17 and Health management and control procedure that management and control includes all the requirements. procedure and include a risk register that drives the implementation of controls. Feb-23 Occupational Safety OSH Management Systems The factory did not provide any evidence Conduct and keep records of the 17 and Health of OSH assessments reports for the last assessment result on a monthly 12 months. basis. [page 245] Feb-23 Compensation Overtime Wages Inaccurate overtime payment Ensure that the attendance 17 records is available during the evaluation period for overtime verification payments. Feb-23 Compensation Overtime Wages Inaccurate overtime payment Ensure that the attendance 17 records is available during the evaluation period for overtime verification payments all ordinary overtime Feb-23 Compensation Paid Leave Inaccurate annual leave payment. Pay annual leave based on The June 13 decree suspends the 26 average earnings. 3*8 law. The lunch break payment is no longer required. Feb-23 Compensation Paid Leave Inaccurate sick leave payment. Pay sick leave based on average The June 13 decree suspends the 26 earnings. 3*8 law. The lunch break payment is no longer required. Feb-23 Compensation Paid Leave Inaccurate payment for maternity leave. Calculate the maternity leave The June 13 decree suspends the 17 payment on worker's average daily 3*8 law. The lunch break payment earnings. is no longer required. Feb-23 Compensation Paid Leave Lunch break is not compensate in the The June 13 decree suspends the The June 13 decree suspends the 57 payroll. 3*8 law, so Better Work is not 3*8 law. The lunch break payment finding non-compliance for non- is no longer required. payment of the lunch break. Feb-23 Compensation Premium Pay Inaccurate overtime payment Ensure that the attendance 4 records is available during the evaluation period for overtime verification payments worked on weekly rest day. Feb-23 Compensation Premium Pay Inaccurate overtime payment Ensure that the attendance 4 records is available during the evaluation period for overtime verification payments worked on legally mandated holidays. Feb-23 Working Time Regular Hours Regular working hours did not meet legal Modify the internal work rules and The June 13 decree suspends the 17 requirements. ensure the regular working hours 3*8 law. Now the lunch break is do not exceed 48 hours per week not include in the regular working hours. Feb-23 Working Time Regular Hours The required break was not provided to Give the legally required break to 17 pregnant women. all pregnant women. [page 246] Feb-23 Working Time Regular Hours Attendance records was not available Ensure that documentation is 4 during the assessment. available during the evaluation period. Feb-23 Compensation Social Security and Other Inaccurate payment to OFATMA for work- Complete the payment for The factory completed the 26 Benefits related accident insurance. . OFATMA work related accident for payment for work related accident. the fiscal year 2022-2023. Feb-23 Compensation Social Security and Other Inaccurate annual leave payment. Pay annual leave based on The June 13 decree suspends the 57 Benefits average earnings. 3*8 law. The lunch break payment is no longer required. Feb-23 Compensation Social Security and Other The calculation of employer's Calculate employers’ contributions The June 13 decree suspends the 13 Benefits contribution for OFATMA payment is for OFATMA on the basic salary. 3*8 law. The lunch break payment inaccurate is no longer required. Feb-23 Compensation Social Security and Other The calculation of employer's Calculate employers' contributions The June 13 decree suspends the 13 Benefits contribution for OFATMA payment is for OFATMA on the basic salary. 3*8 law. The lunch break payment inaccurate is no longer required. Feb-23 Compensation Social Security and Other The calculation of employer's Calculate employers’ contributions The June 13 decree suspends the 57 Benefits contribution for ONA payment is for ONA on the basic salary. 3*8 law. The lunch break payment inaccurate is no longer required. Feb-23 Compensation Social Security and Other The calculation of workers’ contribution Calculate Workers' contributions The June 13 decree suspends the 57 Benefits for ONA payment is inaccurate for ONA on the basic salary. 3*8 law. The lunch break payment is no longer required. Feb-23 Compensation Social Security and Other The factory did not send workers pay slip Send workers pay slip to OFATMA 26 Benefits to OFATMA for sick leave and maternity for sick leave and maternity leave leave payment. payment. Feb-23 Contracts and Human Termination The employer did not provide the list of Ensure that documentation is 4 Resources terminated workers for the past 12 available during the evaluation months. period. Feb-23 Contracts and Human Termination The calculation of the payment for the Pay the applicable notice period The June 13 decree suspends the 26 Resources applicable notice period does not include and include the lunch break 3*8 law. The lunch break payment the lunch break payment. payment in the calculation is no longer required. Feb-23 Contracts and Human Termination The calculation for unused paid annual Pay the unused paid annual leave The June 13 decree suspends the 26 Resources leave upon termination does not include upon termination and include the 3*8 law. The lunch break payment the lunch break payment. lunch break payment in the is no longer required. calculation [page 247] Feb-23 Contracts and Human Termination The calculation of the annual salary Pay workers their annual salary The June 13 decree suspends the 26 Resources supplement or bonus upon termination supplement upon termination and 3*8 law. The lunch break payment does not include the lunch break include the lunch break payment is no longer required. payment. in the calculation Feb-23 Occupational Safety Welfare Facilities Insufficient number of Toilets. Increase the number of toilets for 62 and Health men and women. Feb-23 Occupational Safety Welfare Facilities Soap was not available in men's and Ensure that soap is available in 17 and Health women's toilets. men toilets during working hours including overtime. Feb-23 Occupational Safety Worker Protection The factory did not provide appropriate Provide proper PPE to all workers, 17 and Health PPE to all workers. including weight lifting belts Gloves, boots and apron Feb-23 Occupational Safety Worker Protection Sewing machines were missing pulley Install the proper safety guards on 62 and Health guards. all machines. Feb-23 Occupational Safety Worker Protection Improper maintenance of electrical Improve the electrical 45 and Health system of the factory. maintenance and Create a maintenance log Feb-23 Occupational Safety Worker Protection Assessors observed that standing workers Provide standing mats or foot Factory provided shock absorbing 26 and Health were not provided with ergonomic mats. rests to all standing workers. mats to all standing workers, and Building 11 is no longer used as a sewing floor, now they use it as a warshoiica Feb-23 Occupational Safety Working Environment Workplace temperatures levels are Monitor the temperature level and 62 and Health unacceptable. maintain it under 30 C inside the workplace. Feb-23 Occupational Safety Working Environment light levels were inappropriate in some Ensure the lighting is adequate 62 and Health working sections. and adapted to worker's needs. Feb-23 Occupational Safety Working Environment The aisles in the cutting section were not Ensure that aisles are clean and The factory keeps the aisles in the 16 and Health clean and tidy. tidy in the cutting section. cutting section clean and tidy by placing garbage bins in this section. Assessment February 2022 Feb-22 Compensation Minimum Wages/Piece Factory paid workers less than the Fix the accounting system and Corrections have been made for all 10 Rate Wages minimum. apply the new minimum wage for workers. all workers. [page 248] Feb-22 Compensation Overtime Wages Factory paid workers incorrectly for Fix the accounting system and pay Corrections have been made for all 10 overtime hours worked. workers the correct amount for workers. overtime worked. Feb-22 Compensation Paid Leave Inaccurate annual leave payments. Calculate annual leave on worker's 19 daily average earnings by including the lunch break payment. Feb-22 Compensation Paid Leave Inaccurate sick leave payment. Calculate sick leave on worker's 19 average daily earnings by including the lunch break payment. Feb-22 Compensation Paid Leave Inaccurate payment for maternity leave. Calculate the maternity leave 10 payment on worker's average daily earnings by including the lunch break payment. Feb-22 Compensation Paid Leave The lunch break is not compensated in Pay the daily lunch break 50 the payroll. accurately to all workers. Feb-22 Compensation Social Security and Other The factory did not share any proof of Factory need to register with 19 Benefits payment for OFATMA work related OFATMA for work related accident accident insurance. insurance and pay the fiscal year. Feb-22 Compensation Social Security and Other Inaccurate annual salary supplement or Calculate annual salary 50 Benefits bonus payments. supplement or bonus payment based on worker's average daily earnings. Feb-22 Compensation Social Security and Other The factory sends inaccurate worker's pay The factory must pay for the lunch 19 Benefits slip to OFATMA. break and include it in the payment calculation. Feb-22 Compensation Social Security and Other The calculation for ONA payment is Calculate ONA contributions on 50 Benefits inaccurate and payments are made late the average salary, include the consistently. lunch break payment and forward it on time. Feb-22 Compensation Social Security and Other The calculation for OFATMA payment is Calculate OFATMA contributions 6 Benefits inaccurate and payments are made late on the average salary, include the consistently. lunch break payment and forward it on time. [page 249] Feb-22 Contract and Human Termination Inaccurate notice period upon Factory needs to apply the law 19 Resources termination. and pay the lunch break. Feb-22 Contract and Human Termination Inaccurate unused paid annual leave Factory needs to apply the law 19 Resources upon termination. and pay the lunch break. Feb-22 Contract and Human Termination Inaccurate annual salary supplement or Factory needs to apply the law 19 Resources bonus payments upon termination. and pay the lunch break. Feb-22 Occupational Safety OSH Management Systems The factory does not perform OHS self- The factory need to perform OHS 10 and Health assessment on a monthly basis. self-assessment on a monthly basis. Feb-22 Occupational Safety Chemicals and Hazardous Inventory of chemicals and hazardous Update inventory of chemicals and The factory has a system in place 38 and Health Substances substances is not updated. hazardous substances in the to maintain an up-to-date workplace. inventory. Feb-22 Occupational Safety Chemicals and Hazardous Chemical and hazardous substances are Label all chemicals and hazardous The factory has labelled all 38 and Health Substances not properly labelled. substances used in the workplace. containers of chemicals and hazardous substances in the workplace. Feb-22 Occupational Safety Chemicals and Hazardous MSDSs are not available in local language Translate MSDS in the local The factory post MSDS in local 38 and Health Substances for all chemicals used in the workplace. language and post them where language for all chemical products chemical products are used. used in the workplace. Feb-22 Occupational Safety Chemicals and Hazardous The factory does not have appropriate The factory needs to have an The factory has restricted access 19 and Health Substances spot cleaning area. isolated area for spot cleaning. to other workers in the spot cleaning area. Feb-22 Occupational Safety Chemicals and Hazardous Eyewash does not work in spot cleaning Install functioning eye wash The factory repaired the eyewash 10 and Health Substances area. stations in all places where in the Spot cleaning area. chemical and hazardous substances are used. Feb-22 Occupational Safety Worker Protection The factory did not provide appropriate The factory needs to provide The factory provides safety belts 10 and Health PPE to all workers. proper PPE to all workers using and gloves to all workers. chemical products. Feb-22 Occupational Safety Worker Protection Several sewing machines are missing eye The factory needs to ensure that The factory has installed 55 and Health guards and pulley guards. all machine have the proper safety appropriate safety guards on all guards. machines. [page 250] Feb-22 Occupational Safety Worker Protection Improper maintenance of electrical Ensure that all electrical panel are The factory fixed the exposed wire 38 and Health system of the factory. properly maintained. issues and labelled all circuit breakers in the boiler room. Feb-22 Occupational Safety Worker Protection The factory did not provide Covid-19 Factory needs to provide training The factory offers training to staff. 19 and Health training to staff. to all staff on Covid-19. Feb-22 Occupational Safety Worker Protection Factory does not systematically check Factory needs to check the body 19 and Health workers’ and visitors’ body temperature temperature of all workers as upon entry. visitors Maintain register available for all persons with a temperature of 38 € and above Feb-22 Occupational Safety Worker Protection The factory did not provide shock- Factory needs to provide shock 19 and Health absorbing mats to workers. absorbing mats to all standing workers. Feb-22 Occupational Safety Working Environment Workplace temperatures levels are Monitor the temperature level and Fans have been installed, in order 55 and Health unacceptable. maintain it under 30 C inside the to lower the temperature. workplace. Feb-22 Occupational Safety Working Environment Noise levels are not acceptable in the Keep the noise level below 90db, 10 and Health workplace. as recommended by Better work. Feb-22 Occupational Safety Working Environment Light levels were inappropriate in all Ensure the lighting is adequate The factory installed more lights. 55 and Health working sections. and adapted to worker's needs. Feb-22 Occupational Safety Working Environment The workplace is not clean and tidy. keep the factory floors clean and The factory fixed the water leak in 10 and Health tidy. Fix the water leak in the the generator room. generator room. Feb-22 Occupational Safety Welfare Facilities Insufficient number of Toilets. Increase the number of toilets. 55 and Health Feb-22 Occupational Safety Welfare Facilities Hand washing facilities and soap were Factory needs to install hand The factory has installed hand 10 and Health not available. washing facilities and soap in the washing facilities and soap in the workplace. workplace. Feb-22 Occupational Safety Welfare Facilities Eating area is not adequate to The factory needs to find an 10 and Health accommodate the entire workforce. additional eating area to accommodate workers. [page 251] Feb-22 Occupational Safety Health Services and First Health checks was not provided to Provide health checks to workers Follow-up was done to fix an 47 and Health Aid workers within the first three months of Within the first three months of appointment with OFATMA for a hiring. hiring. check-up. Feb-22 Occupational Safety Health Services and First Free health checks was not provided to Provide health checks to workers Follow-up was done to fix an 47 and Health Aid workers exposed to work-related hazards. exposed to work-related hazards appointment with OFATMA for a at least twice a year. check-up. Feb-22 Occupational Safety Health Services and First Free annual medical checks was not Arrange free annual medical Follow-up was done to fix an 47 and Health Aid provided to workers. checks for all workers. appointment with OFATMA for a check-up. Feb-22 Occupational Safety Health Services and First Insufficient medical personnel. Hire additional nurses to comply 55 and Health Aid with the labor code. Feb-22 Occupational Safety Health Services and First First aid boxes are missing basic items The factory need to monitor the The factory has fixed all first aid 35 and Health Aid and contain expired products. first aid boxes and ensure that boxes. missing and expired items are replaced promptly. Feb-22 Contract and Human Employment Contracts The contract for foreign workers does not The factory should review the 10 Resources contain all the required information. foreigner's contract and include the employer's information as well as the employee's salary. Feb-22 Occupational Safety Emergency Preparedness Fire extinguishers were not properly Provide adequate firefighting The factory has corrected all 55 and Health maintained. equipment and Ensure regular related issues with firefighting maintenance is done. equipment. Feb-22 Occupational Safety Emergency Preparedness Obstructed aisles and emergency exits. Keep routes unobstructed during All routes are unobstructed during 10 and Health working hours. working hours. Feb-22 Occupational Safety Emergency Preparedness Improper maintenance of electrical Make sure electrical panels are 10 and Health panel. properly maintained. Feb-22 Working Time Regular Hours Regular working hours exceed the legal Revise the internal regulations and 10 limit. make sure that the regular hours do not exceed 48 hours per week. Feb-22 Working Time Regular Hours Factory did not give two break of 30 Provide additional breaks to 10 minutes to pregnant workers pregnant women. [page 252] Feb-22 Working Time Leave Inaccurate maternity leave to pregnant Allow pregnant women to take 12 10 workers. weeks of maternity leave as required by the labor code. Feb-22 Contract and Human Employment Contracts The factory's HR policies and procedures Review the procedures to include 10 Resources do not include staff training on how to Staff training on how to carry out carry out policies and procedures policies and procedures Feb-22 Contract and Human Employment Contracts The employer does not take action to Review the policy to include 10 Resources investigate violations of HR policies and procedures to investigate procedures. weaknesses and violations of HR policies and to make the necessary adjustments. Feb-22 Contract and Human Employment Contracts The disciplinary and termination Review the actual procedure in 10 Resources procedures do not include all the order to include the time frame necessary steps. between warnings and payments, the right to defend oneself prior to termination and to representation during the disciplinary process. Feb-22 Contract and Human Employment Contracts The factory does not have a grievance Update and adjust the grievance 10 Resources handling and dispute resolution policies and procedures. procedure that meets all the requirements. Feb-22 Occupational Safety OSH Management Systems The employer has failed to investigate, Ensure that all OSH issues are 10 and Health monitor and measure OHS issues as investigated, monitored and required. measured accurately. Feb-22 Occupational Safety OSH Management Systems The factory has a written accident Review the accident investigation 10 and Health investigation procedure that that includes procedure to include the necessary all the requirements. step to avoid reoccurrence. Feb-22 Occupational Safety OSH Management Systems The factory does not have a hazard/risk Update and adjust hazard/risk 10 and Health management and control procedure that management and control includes all the requirements. procedures. [page 253] BETTER WORK HAITI - 26TH SYNTHESIS REPORT Factory. Pacific Sports Haiti S.A D -S Location: Port-au-Prince : Number of workers: 1,172 Date of registration Oct-09 Date of last two Better Sep-21 Aug-22 Work assessments: Notes Factory was closed parts of September, October and parts of November due to socio-political unrest. Advisory and Training Services 17-Feb-23 Advisory meeting Meeting with workers’ representative on general concerns at the factory level. Virtual OSH tour to validate pending issues. Documentation review Social security and OSH management systems. 6-Sep-22 Advisory Meeting Elaborate the training plan and identify training for new workers. Present the improvement plan and OSH compliance performance ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment August 2022 Aug-22 Occupational Safety and OSH Management Systems The employer does not properly The factory's procedures lacks Regular nl Health investigates monitors and measures OSH management review of effectiveness of issues. management system. Aug-22 Working Time Regular Hours The regular working hours exceed the Revise the internal regulations and make 22 legal limits. sure that the regular hours do not exceed 48 hours per week. Aug-22 Occupational Safety and Emergency Preparedness Evacuation maps do not reflect the Paint evacuation arrows and yellow lines on all the factory floors are already 22 Health layout of the floor. Escape routes are not the floor to show the exit pathway. Specify repainted. clearly marked. who conducts additional daily weekly checks (and include this in the system of daily weekly checks) Aug-22 Occupational Safety and Health Services and First Aid Insufficient number of medical staff. Hire additional medical staff to have at The factory hired an additional 22 Health least 7 nurses for the current workforce. nurse. Aug-22 Occupational Safety and Health Services and First Aid Expired products found in the medical Factory was advised to discard the expired_ Management took immediate 1 Health clinic. product. Factory needs to assigns action to remove the product somebody to check the inventory on a regular basis Aug-22 Occupational Safety and Welfare Facilities The water provided to the workers is not Conduct the water test on a monthly basis Water test has been done on a 22 Health being tested on a monthly basis. and update the OSH policy monthly basis. evidence for the last 3 months has been shared Aug-22 Occupational Safety and Working Environment The level of lighting in the workplace is Increase the light level to reach 300 luxin New lights are installed where 57 Health unacceptable. Pressing section, 500 lux in Sewing, cutting, needed in each section. packing. 750 lux in trimming, Inspection section. [page 254] Aug-22 Occupational Safety and Working Environment Improper maintenance of building roof Fix roof to avoid water leak. Organize the il Health causes water filtration. Cardboard boxes stock room were poorly stacked in the stock room of building 27. Aug-22 Occupational Safety and Working Environment Workplace temperature level exceed 30 C Increase the ventilation with additional increased the ventilation with 131 Health in all buildings. fans. additional fans and adding more extractor in each building Aug-22 Occupational Safety and Worker Protection Electrical wires are not properly Properly support the electrical cable; Already fixed Evidence shared 47 Health maintained. Insulate the exposed electrical wires, Make sure that the door of the electrical panel is closed. Aug-22 Occupational Safety and Worker Protection Workers were observed climbing the Provide appropriate step ladder or needed Lil Health standing racks without stepladder and equipment for the workers. Provide training relevant protective equipment. for the proper use of all equipment including PPE's . Keep training records. Aug-22 Occupational Safety and Worker Protection Fuel tanks are not properly identified. Identify fuel tank, add pictograms Management took corrective action ll Health Pictogram and warning signs missing, pictogram and safety warnings during the assessment visit Aug-22 Occupational Safety and Worker Protection Standing workers were not provided with Provide anti fatigue mats for standing all workers are provided with anti 22 Health shock absorbing mats. workers. Also provide sufficient break fatigue mats. Evidence has been during which workers can sit down. shared Aug-22 Occupational Safety and Chemicals and Hazardous The inventory of chemical products does Assign a person responsible for updating The factory has made some 22 Health Substances not include the location where products inventories of hazardous substances in the changes in the chemical inventory. are stored various locations where they are stored or used Aug-22 Contracts and Human Termination The calculation of bonus upon Discuss legal requirements with the General The June 13 decree suspends the 22 Resources termination does not include the lunch Manager. Pay the lunch break and include it 3*8 law. break payment. in the calculation of annual salary supplement or bonus upon termination. Aug-22 Contracts and Human Termination The calculation of unused paid annual Discuss legal requirements with the General The June 13 decree suspends the 22 Resources leave upon termination does not include Manager. Pay the lunch break and include it 3*8 law. the lunch break payment. in the calculation for unused paid annual leave upon termination Aug-22 Contracts and Human Termination The calculation of the payment for the Discuss legal requirements with the General The June 13 decree suspends the 22 Resources applicable notice period. does not Manager 3*8 law. include the lunch break payment. Pay the lunch break and include it in the payment for the applicable notice period. Aug-22 Contracts and Human Contracting Procedures The working contract of the security Review the contracts for the security guard 1 Resources guards does not specify the working time to make sure it is in accordance with all including the shift schedule. legal requirements. [page 255] Aug-22 Contracts and Human Employment Contract The factory's internal rules do not specify Review the documents to include all legal nl Resources the category of employees and the requirements applicable wage for the administrative staff. Aug-22 Compensation Social Security and Other The calculation of bonus or annual salary … Discuss legal requirements with the General The June 13 decree suspends the 22 Benefits supplement does not include the lunch Manager 3'8 law. break payment. Pay the lunch break and include it in the calculation of sick leave, maternity leave and annual leave. Aug-22 Compensation Social Security and Other The employer does not collect and Discuss legal requirements with the General The Process in underway to ñ Benefits forward workers contribution to OFATMA Manager finalize with the registration with for maternity and health insurance. OFATMA for maternity and health Register with OFATMA insurance 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 The calculation of the workers’ and Discuss legal requirements with the General The June 13 decree suspends the 22 Benefits employer contribution to ONA does not Manager 3'8 law. 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 Aug-22 Compensation Paid Leave The factory did not pay annual leave, Discuss legal requirements with the General The June 13 decree suspends the 22 Sick leave, maternity leave and the daily Manager 3'8 law. break correctly. Pav the lunch break Aug-22 Compensation Paid Leave The lunch breaks is not compensated in Discuss legal requirements with the General The June 13 decree suspends the 22 the payroll Manager 3'8 law. Pay the lunch break Aug-22 Compensation Paid Leave The factory only paid 6 weeks of Register with OFATMA for materity and The Process in underway to 47 maternity leave when workers are health insurance. finalize with the registration with entitled to 12 weeks of payment. OFATMA for maternity and health insurance Aug-22 Compensation Paid Leave The calculation of sick leave payments Discuss legal requirements with the General The June 13 decree suspends the 22 does not include the lunch break Manager 3'8 law. payment. Pay the lunch break and include it in the calculation of sick leave. Aug-22 Compensation Paid Leave The calculation of annual leave Discuss legal requirements with the General The June 13 decree suspends the 22 payment. Does not include the lunch 3'8 law. break payment. Pay the lunch break and include it in the annual salary supplement. [page 256] Assessment September 2021 Sep-21 Working Time Leave Assessors found at least one case were Have a procedure in place to request a the pregnant workers where provided medical certificate in case their physical more than 6 weeks before the delivery. state does not allow the pregnant worker to remain working until the 6 weeks before the delivery due date. Sep-21 Working Time Regular Hours The regular working hours are from 7:00 Revise the intemal regulations and make AM to 4:00 PM (including an hour of sure that the regular hours do not exceed daily break), from Monday to Saturday, 48 hours per week. which is equivalent to 9 hours per day and 54 hours per week. Sep-21 Occupational Safety and Emergency Preparedness Assessors observed a rechargeable identify electrical installations requiring Signs of electrical hazards have Health electric bulb wrapped and hidden in waming signs. Post corresponding signs been posted cloth as it charged into a electrical outlet. Remind supervisors about their responsibility to enforce OSH in their area: Sep-21 Occupational Safety and Emergency Preparedness Fire drills are not performed twice a year. include the fire drill in the training plan The factory kept a registry for fire Health Ensure that the fire drill is conducted every dhill. 6 months Sep-21 Occupational Safety and Emergency Preparedness Escape routes were obstructed. Provide additional training for supervisors À checklist has been implemented Health and workers, rearrange the storage room Keep escape routes free of obstruction: Sep-21 Occupational Safety and Emergency Preparedness The escape routes are not clearly marked Paint evacuation arrows and yellow lines on A checklist has been implemented. Health in all the buildings. the floor to show the exit pathway. Specify who conducts additional daily weekly checks. Sep-21 Occupational Safety and Emergency Preparedness One fire extinguisher was undercharged. Have a fire extinguisher suitable for the Health factory conditions. Develop a procedure for recharging the fire extinguishers. Sep-21 Occupational Safety and Emergency Preparedness The alarm system does not include Have a fire detection and alarm system The fire detection and alarm Health emergency lights while the factory suitable for the factory conditions. system include emergency lights. employs 44 deaf workers. Sep-21 Occupational Safety and Health Services and First Aid Insufficient number of nurses. Hire additional medical staff to have at Health least 7 nurses for the current workforce. Sep-21 Occupational Safety and Welfare Facilities The water provided to the workers is not Conduct the water test on a monthly basis. Health being tested on a monthly basis. Update the OSH policy. Sep-21 Occupational Safety and Working Environment The level of lighting in the workplace is Increase the light level to reach 300 lux in Health unacceptable. Pressing section, 500 lux in Sewing, cutting, packing. 750 lux in trimming, Inspection section. [page 257] Sep-21 Occupational Safety and Working Environment Workplace temperature level exceed 30 C Increase the ventilation with additional Health in all buildings. fans. Conduct regular measurement of temperature & compare with threshold value. Sep-21 Occupational Safety and Worker Protection Exposed electrical wires in the welding Properly support the electrical cable; The exposed wires have been Health area. Insulate the exposed electrical wires, Make insulated. sure that the door of the electrical panel is closed Sep-21 Occupational Safety and Worker Protection Shock absorbing mats were not provided Provide anti fatigue mats for standing Health to all workers. workers. Also provide sufficient break during which workers can sit down. Sep-21 Occupational Safety and Worker Protection Workers are not using proper personal Define staff in charge of providing and Health protective equipment. renewing the PPE's. Provide employees with all necessary personal protective clothing and equipment. Sep-21 Occupational Safety and Chemicals and Hazardous The employer did not provide adequate Install an eye wash station in the welding Health Substances washing facilities or cleansing materials area. in the welding area. Sep-21 Occupational Safety and Chemicals and Hazardous Chernical safety data sheets were not Keep chemical MSDS for all hazardous Health Substances available in the welding area 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 Chemicals and Hazardous Unidentified containers of product found Define who control the chemical container Health Substances in several areas of the workplace. upon receipt from supplier and control the label. Define who is entitled to pour chemicals in other recipients and label them. Sep-21 Occupational Safety and Chemicals and Hazardous The inventory of chemicals is not Assign a person responsible for updating Health Substances accurate. inventories of hazardous substances in the various locations where they are stored or used Sep-21 Contracts and Human Termination The calculation of bonus upon Pay the lunch break and include it in the Resources termination does not include the lunch calculation of bonus upon termination. break payment. Sep-21 Contracts and Human Termination The calculation of unused paid annual Pay the lunch break and include it in the Resources leave upon termination does not include calculation for unused paid annual leave the lunch break payment. upon termination. Sep-21 Contracts and Human Termination The calculation of the payment for the Pay the lunch break and include it in the Resources applicable notice period. does not payment for the applicable notice period. include the lunch break payment. [page 258] Sep-21 Compensation Social Security and Other The employer pays workers for annual Pay the lunch break and include it in the Benerfits salary supplement or bonus. However, calculation of sick leave, maternity leave the calculation does not include the and annual leave. lunch break payment. Sep-21 Compensation Social Security and Other The factory is not registered with Register with OFATMA. Include the lunch Benefits OFATMA for maternity and health break in worker' contribution to OFATMA. insurance. Therefore, the employer does Collect and forward workers! contribution not collect and forward workers Within the first 10 business days of the next contribution to the social security month for the previous month. institution. Sep-21 Compensation Social Security and Other The factory is not registered with Register with OFATMA. include the lunch Benefits OFATMA for maternity and health break in the employer contribution to insurance. Therefore, the employer does OFATMA and ensure payment are done not contribute 3 percent of workers’ basic within the first 10 business days of the next salary to the social security institution. month for the previous month Sep-21 Compensation Social Security and Other The calculation of the workers’ Pay the lunch break and Forward worker Benefits contribution to ONA does not include the contribution to ONA within the first 10 lunch break payment. business days of the next month for the previous month. Sep-21 Compensation Social Security and Other The calculation of the employer's Pay the lunch break and Forward worker Benefits contribution to ONA does not include the contribution to ONA within the first 10 lunch break payment. business days of the next month for the previous month Sep-21 Compensation Paid Leave The factory did not pay annual leave, Discuss legal requirements with the General Sick leave, maternity leave and the daily Manager. break correctly. Pay the lunch break. Sep-21 Compensation Paid Leave The lunch breaks is not compensated in Discuss legal requirements with the General the payroll Manager. Pay the lunch break. Sep-21 Compensation Paid Leave The factory only paid 6 weeks of Register with OFATMA for maternity and maternity leave when workers are health insurance. Ensure workers are paid 12 entitled to 12 weeks of payment. weeks of maternity leave. Sep-21 Compensation Paid Leave The calculation of sick leave payments Pay the lunch break and include it in the does not include the lunch break calculation of sick leave. payment. Sep-21 Compensation Paid Leave The calculation of annual leave Pay the lunch break and include it in the payment. Does not include the lunch annual salary supplement. break payment. [page 259] BETTER WORK HAITI - 26TH SYNTHESIS REPORT Factory: Palm Apparel S.A. L Location: Port-au-Prince Number of workers 1,009 Date of registration: Jan-11 Date of last two Better Mar-22 Mar-23 Work assessments: Advisory and Training Services 20-Jun-23 Advisory meeting To identify root causes related to the last assessment. Virtual OSH tour of the new facility. Meeting with the bipartite committee to validate the implementation of the checklist for industrial park. 2-Mar-23 PICC Meeting Meeting to identify the training needs and bipartite committee objectives. 2-Mar-23 Advisory meeting To review pending issues related to social security, HR and OSH management systems, emergency preparedness. Meeting with workers’ representative to discuss about general concerns and the improvement plan. 27-Jul-22 Virtual advisory meeting To verify and validate the improvement made by the factory since the last assessment, Virtual OSH tour on emergency preparedness and workers’ protection. 27-Jul-22 PICC Meeting Meeting with the bipartite committee to present the last assessment findings. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment March 2023 Mar-23 Child Labor Documentation and The factory's management did not Keep copies of either a birth Copies of either a birth certificate or 3 Protection of Young Workers confirmed that all of its workers are certificate or a national photo ID in a national photo ID are available in hired on the basis of a government each worker's file. each worker's file. issued CIN Card (National Identification Card). Mar-23 Compensation Paid Leave The Calculation of the payment for Pay the lunch break. The June 13 decree suspends the 16 annual leave does not include the lunch 3*8 law. The lunch break payment is break. no longer required. Mar-23 Compensation Paid Leave Workers are entitled to full payment of Pay the lunch break The June 13 decree suspends the 16 sick leave. However, It does not include 3*8 law. The lunch break payment is the lunch break payment in the no longer required. calculation of the average salary. Mar-23 Compensation Paid Leave Workers are entitled to full payment of Pay the lunch break. The June 13 decree suspends the 16 maternity leave. However, It does not 3*8 law. The lunch break payment is include the lunch break payment in the no longer required. calculation of the average salarv. Mar-23 Compensation Paid Leave Workers are entitled to 1 hour daily Pay the lunch break. The June 13 decree suspends the 16 break that is not compensated. 3*8 law. The lunch break payment is no longer required. Mar-23 Compensation Social Security and Other At the time of the assessment, the Keep records of the salary 70 Benefits factory's management did not share statement sent to OFATMA. the salary statement sent to OFATMA Pay OFATMA work related for work related accident for fiscal year accident insurance on time 2022-2023. [page 260] Mar-23 Compensation Social Security and Other The calculation of the average salary for Pay the lunch break. The June 13 decree suspends the 16 Benefits the payment an annual salary 3*8 law. The lunch break payment is Supplement or boni which does not no longer required.. include the lunch break payment. Mar-23 Compensation Social Security and Other The factory collects and forward Calculate ONA on the basic salary 140 Benerfits workers’ contribution to ONA. However, and Forward worker's contribution ONA deduction are based on the to ONA within the first 10 minimum salary and payment was business days of the next month made in June 2022. for the previous month. Mar-23 Compensation Social Security and Other The factory submits the employer's Forward worker's and employer's 70 Benefits portion of worker's salary to OFATMA contribution to OFATMA for maternity and health insurance. maternity and health insurance However, OFATMA contributions are Within the first 10 business days of based on the minimum salary. the next month for the previous month. Mar-23 Compensation Social Security and Other The factory submits employer's Calculate ONA on the Basic salary. 140 Benefits contributions to ONA. However, ONA Then, forward employer's contributions are based on the contribution to ONA within the minimum salary first 10 business days of the next month for the previous month. Mar-23 Compensation Social Security and Other The factory collects and forward Forward worker's and employer's 70 Benefits workers’ contributions to OFATMA for contribution to OFATMA maternity and health insurance. maternity and health insurance However, OFATMA deductions are Within the first 10 business days of based on the minimum salary. the next month for the previous month. Mar-23 Compensation Termination The employer provides the payment for Pay the lunch break. The June 13 decree suspends the 16 the applicable notice period. However, 3*8 law. The lunch break payment is the calculation of the average earning no longer required. does not include the lunch break payment. Mar-23 Compensation Termination The employer compensates workers for Pay the lunch break. The June 13 decree suspends the 16 unused paid annual leave upon 3*8 law. The lunch break payment is termination. However, the calculation no longer required. of the average daily salary does not include the lunch break payment. Mar-23 Compensation Termination The employers pays workers their Pay the lunch break. The June 13 decree suspends the 16 annual salary supplement upon 3*8 law. The lunch break payment is termination. However, the calculation no longer required. of the average daily salary does not include the lunch break payment. [page 261] Mar-23 Occupational Safety and OSH Management Systems During the assessment visit, the factory Request a structural safety The factory had asked the 16 Health did not share any structural safety inspection from a construction construction firm to provide the certificate delivered by the city withthe firm or the city council. necessary document. The structural assessors. safety certificate is available. Mar-23 Occupational Safety and Chemicals and Hazardous Unlabeled containers of chemicals Define who control the chemical An internal verification was carried 16 Health Substances found in the workspace. container on receipt from supplier out in all sections to ensure that all and control the label. containers had their labels. Mar-23 Occupational Safety and Chemicals and Hazardous Management did not isolate the use of The factory needs to ensure that The spot cleaning is totally isolated 16 Health Substances chemical substances in the spot the use of chemicals are isolated from the floor and contains a cleaning section. from the floor. ventilation system. Mar-23 Occupational Safety and Worker Protection The employer has not provided proper … Provide employees with all The masks have been provided to 38 Health PPE to all workers necessary personal protective workers. clothing and equipment according to PPE regulation Mar-23 Occupational Safety and Worker Protection During the factory tour, assessors The factory needs to ensure that Every precaution has been taken to 3 Health notice that the battery terminals inthe the batteries terminals are ensure that insulators are fitted over generator are not properly protected. insulated. the battery terminals. Mar-23 Occupational Safety and Welfare Facilities Insufficient number of toilets. Increase the number of toilets to 68 Health comply with the law. Mar-23 Occupational Safety and Health Services and First Aid Health checks within the first three Pay the health cards. Coordinate 52 Health months of employment are not in line with OFATMA to do the health with the legal requirements. checks Mar-23 Occupational Safety and Health Services and First Aid Annual health checks are not in line Pay the health cards. Coordinate 52 Health with the legal requirements with OFATMA to do the health checks Mar-23 Occupational Safety and Health Services and First Aid Insufficient medical staff. Hire additional medical staff for 62] Health the current workforce. Mar-23 Occupational Safety and Health Services and First Aid Document review reveals that the Train at least than 10% of the 3 Health factory has trained less than 10% of the workforce in first-aid. workforce in first-aid. Mar-23 Occupational Safety and Emergency Preparedness Emergency exit and escape routes The factory needs to assign The floor has been repainted. Arrows Health were obstructed. responsibilities to someone to to identify the evacuation routes are ensure that the emergency exits in place and there are no cracks on are unobstructed during work the floor. hours. The floor needs to be repainted. [page 262] Mar-23 Working Time Regular Hours The regular working hours are from 7 Ensure that the regular hour do The June 13 decree suspends the 16 AM to 4:00 PM (including 60 minutes not exceed 48 h per week. 3*8 law. The lunch break is no longer of daily break), 6 days per week, which part of the regular working hours. is equivalent to 9 working hours per day and 54 hours per week. Mar-23 Working Time Regular Hours The attendance record does not reflect Have an accurate attendance 3 the actual time worked. recording system. Assessment March 2022 Mar-22 Occupational Safety and Emergency Preparedness The factory did not conduct one fire Conduct at least 1 emergency drill The last fire drill was conducted in 31 Health drill every six month. every six months. Insert the drills August 2022 and the one before in the OSH annual training plan that in march 2022. and Keep records of the drills. Mar-22 Occupational Safety and Emergency Preparedness Evacuation routes are not properly Paint yellow lines on the floor to Repairs have been made such as 31 Health identified. show the exit pathway- Specify arrows to identify the evacuation who conducts additional daily routes. The factory floor is marked, weekly checks. and the assembly point is indicated outside of the buildings. Mar-22 Occupational Safety and Health Services and First Aid Insufficient medical staff. Hire additional medical staff to 45 Health have at least 6 nurses for the current workforce. Mar-22 Occupational Safety and Health Services and First Aid The annual health checks are not in line Discuss the legal requirements 45 Health with the legal requirements. with the General Manager. Pay the health cards. Coordinate with OFATMA to do the annual health checks Mar-22 Occupational Safety and Health Services and First Aid Health checks within the first three Discuss the legal requirements 44 Health months of employment are not in line with the General Manager. Pay the with the legal requirements. health cards. Coordinate with OFATMA to do the health checks Mar-22 Working Time Regular Hours The regular working hours exceed the Revise the internal regulations and 9 legal limit. make sure that the regular hours do not exceed 48 hours per week. Mar-22 Occupational Safety and Welfare Facilities Insufficient number of toilets. Increase the number of toilets to 61 Health comply with the law. Mar-22 Occupational Safety and Worker Protection The factory does not check all workers" Check workers’ body temperature 9 Health body temperature upon entry and re- and Keep a registry for all persons entry. who present a temperature of 38C and above. [page 263] Mar-22 Occupational Safety and Worker Protection The factory did not conduct any Provide training to workers on ® Health training for the prevention of COVID-19. COVID-19 Mar-22 Occupational Safety and Worker Protection The employer has not provided proper Provide employees with all 31 Health PPE to all workers. necessary personal protective clothing and equipment according to PPE regulation Mar-22 Occupational Safety and Chemicals and Hazardous Eye wash stations are not available in Install eye wash station where ® Health Substances all areas where chemical products are chemicals are used in stored. used. Mar-22 Occupational Safety and Chemicals and Hazardous The spot cleaning area is not isolated Isolate the use of chemical away 9 Health Substances from the workspace. from the work area. Use a separate, ventilated room for spot cleaning. Mar-22 Occupational Safety and Chemicals and Hazardous MSDS are not available for all chemical Prepare and post MSDS where 62 Health Substances and hazardous substances used in the chemicals are used. workplace. Mar-22 Occupational Safety and OSH Management Systems The factory did not share any structural Request a structural safety 9 Health safety certificate delivered by the city, certificate from the city. with the assessors. Mar-22 Occupational Safety and OSH Management Systems Work related accident were not Assign responsibility and submit The factory has assigned 9 Health recorded and submitted to OFATMA work related accident to OFATMA responsibilities and the reports are on a monthly basis. monthly. sent to OFATMA. Mar-22 Compensation Social Security and Other Payment to OFATMA for maternity and Pay the lunch break and Forward 63 Benefits health insurance is not accurate and worker's and employer's made late contribution to OFATMA maternity and health insurance within the first 10 business days of the next month for the previous month Mar-22 Compensation Social Security and Other Contributions to ONA for retirement Pay the lunch break and Forward 133 Benefits insurance are inaccurate. 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 The factory did not send worker's pay Send workers’ pay slip to OFATMA The maternity leave form, once 9 Benefits slip to OFATMA for sick leave and on a regular basis for maternity completed, is sent to OFATMA along maternity leave payment. and sick leave. with a work certificate and the last 2 pay slips of the employee. [page 264] Mar-22 Compensation Social Security and Other The calculation for annual salary Discuss legal requirements with 9 Benefits supplement or bonus is inaccurate. the General Manager. Pay the lunch break and include it in the calculation of the average daily salary. Mar-22 Compensation Social Security and Other The factory's management did not Keep records of the salary 63 Benefits share the salary statement sent to statement sent to OFATMA. OFATMA for work related accident Pay OFATMA work related insurance for the fiscal year 2021- accident insurance on time. 2022 Mar-22 Compensation Paid Leave The factory did not pay annual leave, Discuss legal requirements with 9 Sick leave and maternity leave correctly. the General Manager. Pay the lunch break and include it in the calculation of the average daily salary. Mar-22 Compensation Paid Leave The lunch break is not compensated. Discuss legal requirements with 9 the General Manager Pay the lunch break. Mar-22 Compensation Paid Leave Maternity leave payment is for 6 weeks Discuss legal requirements with 9 instead of 12 weeks. the General Manager. Pay the lunch break. Send worker's pay slip to OFATMA on time. Mar-22 Compensation Paid Leave The payment for maternity leave is not Discuss legal requirements with 9 accurate. the General Manager Include the lunch break payment in the average salary for maternity leave. Mar-22 Compensation Paid Leave The calculation of the annual leave Discuss legal requirements with 9 payment does not include the lunch the General Manager break payment. Pay the lunch break and include it in the calculation of annual leave [page 265] BETTER WORK HAITI - 26TH SYNTHESIS REPORT Factory: Premium Apparel ‘= Location: Port-au-Prince Number of workers: 958 Date of registration: Sep-10 Date of last two Better Nov-21 Nov-22 Work assessments: 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. Advisory and Training Services 10-Mar-23 Advisory meeting To identify the root cause of the last assessment findings and validate pending issues related to OSH 14-Nov-22 Virtual advisory meeting Meeting with Compliance Officer to update information about OFATMA and ONA payments, attendance sheet and OSH elements. 19-Aug-22 Virtual Bipartite committee Advisory meeting to talk about OSH elements to resolve:1)OSH Assessment2) Worker protection (Health check) meeting DETAILS OF NON ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment November 2022 Nov-22 Occupational Safety and Chemicals and Hazardous The chemical inventory is not Assign responsible persons for Responsibilities have been 21 Health Substances accurate. updating inventories of assigned and chemical hazardous substances in the management procedure is various locations where they are updated. stored or used. Nov-22 Occupational Safety and Chemicals and Hazardous Unlabeled containers of Define who control the The factory has assigned 21 Health Substances chemicals. chemical container on receipt responsibility and developed a from supplier and control the Chemicals Management label checks) procedure. Nov-22 Occupational Safety and Chemicals and Hazardous MSDS not available for all Keep chemical MSDS for all 21 Health Substances hazardous chemicals. hazardous chemicals used in the workplace. Then, specify who is in charge of receiving MSDS from supplier. Nov-22 Occupational Safety and Chemicals and Hazardous During the assessment visit, the Improve isolation from the 21 Health Substances assessors noticed that the chemical such as separate room employer did not take action to for spot cleaning. limit access to areas where chemicals were 11sed [page 266] Nov-22 Occupational Safety and Chemicals and Hazardous The assessors noticed that eye Provide eye wash bottle. 7 Health Substances wash not available in the Specify who will conduct regular mechanic workshop and chemical checks of the functioning of the warehouse were chemicals are eyewash. used and stored. Nov-22 Contracts and Human Contracting Procedures Interview revealed that the Ensure that the payroll of 7 Resources security guards were not security guards complies with compensated for overtime the law. although there are working 12 hours an à dailv hasis haced nn Nov-22 Occupational Safety and Emergency Preparedness Undercharged, obstructed and Install firefighting equipment in The factory has assigned 21 Health missing fire extinguishers were the warehouse building. responsibility and reviewed the missing, in several areas of the weekly checks. worknlace. Nov-22 Occupational Safety and Emergency Preparedness Assessors noticed that emergency Paint yellow lines on the floor to The factory specified who 21 Health exits and routes are not clearly show the exit pathway. conducts additional daily marked. weekly checks and include this in the system of daily weekly check Nov-22 Occupational Safety and Emergency Preparedness Emergency exit and escape Provide additional space for 21 Health routes were obstructed during the storing goods. Give instruction working hours. to security and staff not to close gates in case of fire. Nov-22 Contracts and Human Employment Contracts The employer did not investigate Develop HR performance 7 Resources violations of HR policies and indicator and set measurable procedures, identifies weaknesses objectives. and make necessary adjustments to prevent recurrence. Nov-22 Occupational Safety and Health Services and First Worker interviews across the Pay the health cards and 21 Health Aid factory confirmed they did not request OFATMA to conduct the receive the health cards within the health checks. first 3 months of hiring. Nov-22 Occupational Safety and Health Services and First No evidence of medical checks for Conduct the health checks twice 21 Health Aid workers exposed to work-related a year. hazards were present in worker's files. [page 267] Nov-22 Occupational Safety and Health Services and First Management did not share 1. Pay the health cards. 140 Health Aid evidence that annual medical 2. Ensure that OFATMA conduct checks were provided to workers. the health checks for workers Worker interviews also confirmed that such medical checks were not performed. Nov-22 Occupational Safety and Health Services and First Insufficient medical staff. Increase the number of Medical 140 Health Aid staff as required by law. Nov-22 Occupational Safety and Health Services and First Access to first aid box number 2 Ensure first-aid boxes to be 21 Health Aid was obstructed by boxes. always accessible to workers. Nov-22 Working Time Leave According to workers’ interview Provide 15 days of annual leave 7 the employer provides less than to workers after 1 year of service. 15 days for annual leave. Nov-22 Occupational Safety and OSH Management Systems During the assessment visit, Request an inspection from the 7 Health management didn't provide any city council or an engineering structural safety certificate, firm. certifying the structure of the buildings meets the safety requirements for an industrial structure. Nov-22 Occupational Safety and OSH Management Systems Management did not show Conduct a management review 7 Health evidence that the employer meeting on measurable investigates monitors and objectives and targets. measures OSH issues. Keep record of the meeting minutes. Nov-22 Occupational Safety and OSH Management Systems The factory does not have an Develop the policy in 7 Health adequate OSH policy that is consultation with workers and signed by top management and their representatives which developed in consultation with include measurable objectives workers and their representatives. and improvement targets. Nov-22 Compensation Paid Leave The employer pays workers for Pay the lunch break. The June 13 decree suspends 21 annual leave however the lunch the 3*8 law. The lunch break break payment is not included in payment is no longer required. the calculation of the average salary. [page 268] Nov-22 Compensation Paid Leave Documentation review revealed Pay the lunch break. The June 13 decree suspends 21 that payment for sick leave the 3*8 law. The lunch break calculation does not include the payment is no longer required. lunch break payment. Nov-22 Compensation Paid Leave The eligible workers are receiving Discuss legal requirements with 21 6 weeks instead of 12 weeks of the General Manager. maternity leave payment from Pay the lunch break the factory. Nov-22 Compensation Paid Leave The lunch break is not Discuss legal requirements with 21 compensated in the payroll. the General Manager. Pay the lunch break Nov-22 Compensation Paid Leave Documentation review revealed Discuss legal requirements with 21 that payment for annual leave, the General Manager. sick leave, maternity leave and Pay the lunch break the daily break are not accurate. Nov-22 Compensation Regular Hours The regular working hours are Discuss the regular working 21 from 7:00 AM to 5:00 PM hours with the General Manager including a 1 hour daily break, 6 and workers’ representative. days a week, which is equivalent Review the internal work rules to to 10 regular hours per day and ensure the regular working hour 60 hours per week. do not exceed 48 hours per week. Nov-22 Compensation Social Security and Other The factory is affiliated with Discuss legal requirements with 82 Benefits OFATMA for work related the General Manager. accident. Factory provided 2 Send accurate salary statement receipts of payment for the fiscal to OFATMA year 2021-2022. Make the payment on time for work related accident as required by OFATMA Pay the health cards Nov-22 Compensation Social Security and Other Workers are entitled to full Pay the lunch break. The June 13 decree suspends 21 Benefits payment of annual salary the 3*8 law. The lunch break supplement. However, the payment is no longer required. calculation for the bonus payment does not include the lunch break payment. Nov-22 Compensation Social Security and Other Factory failed to provide evidence Send workers’ pay slips to 21 Benefits of pay slips sent to OFATMA for OFATMA for payment of payment of maternity leave and maternity leave and sick leave. sick leave. [page 269] Nov-22 Compensation Social Security and Other The factory collects and forward Discuss legal requirements with 82 Benefits workers’ and employers’ the General Manager. contribution to ONA. However, Pay the lunch break the payments are made late. Pay ONA within the first 10 business days of the next manth far tha nraviniie manth Nov-22 Compensation Social Security and Other The employer collects and Discuss legal requirements with 82 Benefits forward workers’ and employers' the General Manager. contribution to OFATMA for Pay the lunch break maternity and health insurance. Pay OFATMA within the first 10 However, the payments are made business days of the next late. month for the previous month Nov-22 Termination The employer provides the Discuss legal requirements with The June 13 decree suspends payment for the applicable notice the General Manager. the 3*8 law. The lunch break period. However, the calculation Pay the lunch break payment is no longer required. of the average daily salary does not include the lunch break payment. Nov-22 Compensation Termination The employer compensates Discuss legal requirements with The June 13 decree suspends workers for unused paid annual the General Manager. the 3*8 law. The lunch break leave upon termination. Pay the lunch break payment is no longer required. However, the calculation of the average daily salary does not include the lunch break payment. Nov-22 Compensation Termination The employers pays workers their Discuss legal requirements with The June 13 decree suspends annual salary supplement or the General Manager. the 3*8 law. The lunch break bonus upon termination. Pay the lunch break payment is no longer required. However, the calculation of the average daily salary does not include the lunch break payment. Nov-22 Occupational Safety and Welfare Facilities Insufficient number of toilets for Increase the number of toilets as 73 Health men and women. required by law. Nov-22 Occupational Safety and Welfare Facilities During the assessment workers Defines who organize monthly The factory has assigned 21 Health did not complain about the test about the quality of the responsibility and water test quality of water. However, the drinking water. has been conducted monthly. factory management conducted the water test only for the month of February, April, May and June 2099 Nov-22 Occupational Safety and Welfare Facilities The factory has an eating area. At Provide an adequate eating area 21 Health the time of the assessment, to workers. assessors observed that it was not well maintained and also serves as fabric storage area. [page 270] Nov-22 Occupational Safety and Worker Protection The employer did not provide Provide appropriate mask and 21 Health dust mask to workers exposed to PPE to workers in the fabric dust in the sewing lines. workplace. Nov-22 Occupational Safety and Worker Protection The assessors noticed that Properly support the electrical The electrical cover has been 21 Health electrical installations are not cable; Insulate the exposed installed and a training has properly maintained, 1 electrical electrical wires, Make sure that been provided on electrical cover was missing in the the door of the electrical panel is safety. mezzanine. closed. Nov-22 Occupational Safety and Worker Protection The factory did not check all Check all workers and visitors 21 Health workers and visitors body body temperature upon entry in temperature upon entry in a a systematic way. systematic way. Nov-22 Occupational Safety and Worker Protection During the assessment visit, Provide standing mats are not 21 Health assessors noticed that standing available to all standing workers mats are not available to all in the workplace. standing workers in the spot Add this aspect in the daily and cleaning section. weekly checks. Nov-22 Occupational Safety and Working Environment Lux level is insufficient in the Increase the lux level with 7 Health workplace. additional light. Specify who is in charge of regular maintenance of the lights and conduct regular measurement of temperature & compare with threshold value. Nov-22 Occupational Safety and Working Environment Temperature level exceed 30 Cin Increase the ventilation with 7 Health the workplace. additional fans. Specify who is in charge of regular maintenance of the fans and conduct regular measurement of temperature & compare with threshold value. Nov-22 Occupational Safety and Working Environment The assessors noticed that the Hire additional cleaners. The factory has developed a 7 Health factory floor was full of dust and cleaning plan and assigned fabric scrap. responsibility. Assessment October 2021 Nov-21 Working Time Regular Hours The regular working hour exceed Revise the internal regulations 14 the legal limit. and make sure that the regular hours do not exceed 48 hours per week. [page 271] Nov-21 Occupational Safety and Emergency Preparedness Assessors observed obstructed Provide additional training for Additional training for 14 Health aisles in the factory floor. supervisors and workers. supervisors and worker has Provide additional space for been done. storing goods. Daily weekly checks has been done. Nov-21 Occupational Safety and Emergency Preparedness The escape routes are not clearlÿ Paint evacuation arrows and 14 Health marked in all the building. yellow lines on the floor to show the exit pathway. Conduct regular comprehensive OSH assessment and identify whether the markings are faded. Nov-21 Occupational Safety and Emergency Preparedness Obstructed fire extinguishers Set up of additional workshop 14 Health for workers. Remind supervisors about their responsibility to enforce OSH in their area. Nov-21 Occupational Safety and Health Services and First Insufficient medical staff. Hire additional medical staff to 133 Health Aid have at least 4 nurses for the current workforce. Nov-21 occupational Safety and Health Services and First Management did not share Pay the health cards and ensure 133 Health Aid evidence that annual medical workers received their health checks were provided to workers. cards and annual health check. Nov-21 Occupational Safety and Health Services and First Management did not share Develop an health check plan 14 Health Aid evidence that medical checks for workers who are exposed to were provided to workers exposed work-related hazards. to work related hazards. Nov-21 Occupational Safety and Health Services and First Management did not share Pay the health cards. Develop 14 Health Aid evidence that medical checks an health check plan for workers were provided to workers in their in their first three months of first three months of hiring. hiring. Nov-21 Occupational Safety and Welfare Facilities The eating area was not well Develop a cleaning plan to 14 Health maintained and also serves as ensure that the eating area is fabric storage area. properly maintained and can accommodate the workforce. [page 272] Nov-21 Occupational Safety and Welfare Facilities Insufficient number of toilets for Increase the number of toilet to 66 Health men and women. have at least one toilet for every 25 men and one toilet for every 15 women. Nov-21 Occupational Safety and Working Environment Lux level is insufficient in all Increase the light level to reach 14 Health sections. 300 lux in Pressing section, 500 lux in Sewing, cutting, packing. 750 lux in trimming, Inspection section. Nov-21 Occupational Safety and Worker Protection The factory does not keep a Check all workers and visitors The factory kept a registry for 14 Health registry for all persons who temperature at the entrance people presenting a present a temperature of 38C and keep a registry for people temperature of 38 C and above. presenting à temperature of 38 above. C and above. Nov-21 Occupational Safety and Worker Protection The social distance is not Review and update the COVID- 14 Health respected on the floor during 19 procedure. working hours as well during entry Ensure the social distance is and leaving. respected during working hours. Nov-21 Occupational Safety and Worker Protection The batteries terminals in the Add this aspect in the daily and The batteries terminals in the 14 Health generator were not covered. weekly checks. generator has been properly insulated and this aspect is included in the daily checklist. Nov-21 Occupational Safety and Worker Protection Several sewing machines were Review and update the internal 14 Health observed without eye guards and audit procedure. pulley guards. Develop à maintenance plan for the sewing machines. Nov-21 Occupational Safety and Worker Protection It was observed that chairs in the Provide chairs with backrest to Factory has provided chairs 14 Health sewing areas are missing backrest. workers. with backrest to workers. Nov-21 Occupational Safety and Worker Protection 60 percent of workers do not use Ensure that all workers in the 14 Health their mask to prevent the risks of workplace use their mask to exposure to COVID-19. prevent the risks of exposure to COVID-19. [page 273] Nov-21 Occupational Safety and Chemnicals and Hazardous The chemical inventory was not Develop a chemical 14 Health Substances accurate and did not include the management procedure and name of all chemicals used in the update the inventory workplace. accordingly. Nov-21 Contracts and Human Employment Contracts The factory's internal work rules is Display the internal work rules The internal rules has been 14 Resources not posted in the workplace. in the workplace. posted in the workplace. Nov-21 Compensation Social Security and Other Worker's contribution to OFATMA Include the lunch break in The factory is paying their debt 75 Benefits is calculated on the minimum worker's contribution to based on an agreement with salary, and the calculation does OFATMA. Ensure payment are OFATMA. The factory has not include the lunch break done within the first 10 business forwarded Worker's payment. days of the next month for the contribution to OFATMA from previous month. June 2021 to November 2021 except for the month of October 2021. Nov-21 Compensation Social Security and Other The employer contribution to Include the lunch break in the The factory is paying their debt 75 Benefits OFATMA is calculated on the employer contribution to based on an agreement with minimum salary. The factory OFATMA. Ensure payment are OFATMA. The factory has made two payments in done within the first 10 business made regular payments from September 2021, representing days of the next month for the June 2021 to November 2021 25.50% of the debt at the time of previous month. except for the month of the assessment visit. October 2021. Nov-21 Compensation Social Security and Other The factory failed to provide the Keep record of the invoice sent 75 Benefits notice of payment they received by OFATMA. from OFATMA for the fiscal year Share the right statement of the 2020/2021. The employer salary salary statement. statement sent to OFATMA was Pay OFATMA work related less than the total amount accident on time. effectively paid. Nov-21 Compensation Social Security and Other The employer collects but do not Pay the lunch break. Collect and 75 Benefits forwards 6 percent of workers” Forward worker's contribution to contribution to ONA on time. ONA within the first 10 business days of the next month for the previous month. Nov-21 Compensation Social Security and Other The employer contribution to Pay the lunch break and 75 Benefits ONA is calculated on the Forward employer contribution minimum salary, and the to ONA within the first 10 calculation does not include the business days of the next lunch break payment. month for the previous month. [page 274] Nov-21 Compensation Paid Leave The factory did not pay annual Pay the lunch break. Include the 14 leave, Sick leave and maternity payment in the calculation of leave correctly because the the average daily salary for sick payment of the lunch break is not leave and annual leave. included in the calculation. Nov-21 Compensation Paid Leave The lunch break is not Pay the lunch break. 14 compensated in the payroll. Nov-21 Compensation Paid Leave Maternity leave payments are Include the payment in the 14 based on an average earnings calculation of the average daily which does not include the lunch salary. break payment. Nov-21 Compensation Paid Leave The calculation for sick leave Pay the lunch break. Include the 14 payments does not include the payment in the calculation of lunch break payment. the average daily salary. ° Compensation Paid Leave The calculation for the annual Pay the lunch break. Include the 14 leave payment does not include payment in the calculation of the lunch break payment. the average daily salary. [page 275] BETTER WORK HAITI - 26TH SYNTHESIS REPORT . Factory: S&H Global 1-6 Location: Arrondissement du Trou du Nord Number of workers: 3,980 Date of registration: Jul-12 Date of last two Better Work May-22 May-23 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 10-May-23 Training Supervisory Skills (SST) 8-May-23 Training Negotiation Skills 24-Apr-23 Training GBVH Cluster Training (Introduction, Grievance Mechanism, Gap Analysis & PFA) 20-Apr-23 Advisory meeting - Conduct OSH tour: Emergency preparedness, worker protection - Bipartite meeting - Conduct survey on Purchasing practices - Review improvement from the last visit 20-Mar-23 Advisory meeting Meeting with Management to follow up on Progress report 2 and have updates on current situation of the factory. Discussion with Union representative of Module 3. Current updates and severances pay issues. Advisor give factory advice regarding the art 33 and the suspension asked by the factory following the strike 1-Feb-23 Training Purchasing Practices Training 1-Feb-23 Advisory meeting Advisory summary session: - OHS assessment tour with the factory compliance officer - Reviewed several documents to identify the improvement made by the factory - l'also reviewed workers file from factory 9 which was close in January 2023. - | Conducted the purchasing practices training Meeting Bipartite committee to get an update on the factory situation. They expressed concern about the downsizing process the factory is working 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 vear 16-Sep-22 Virtual advisory meeting Virtual meeting to review of the improvement Plan. Discussion was on Forced Labor NC issues and review of the new foreign workers contracts. Discussion was also about the civil unrest that impacted attendance the factory. Discussion with union members also on security situation that affects the workers negatively. 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 PRI and update the improvement plan. Discussion were also on Forced labor NC. Factory to do the requir ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment May 2023 [page 276] May-23 Occupational Safety OSH Management The factory did not submit accident Submit the accidents reports to Fixed, the accidents reports are 24 and Health Systems reports to OFATMA on a monthly OFATMA on a monthly basis. being sent to OFATMA on a basis. monthly basis. Company will look for any other alternative in case of non-functioning of the regional offices of OFATMA. May-23 Occupational Safety Chemicals and Hazardous The inventory of chemicals and Keep the inventory of chemical This issue has been fixed. AI 14 and Health Substances hazardous substances was not accurate and ensure it includes that all chemicals are now included in the accurate and did not include all chemicals used in the workplace inventory. The compliance team chemicals used in the workplace. will maintain close communication with the chemical purchasing team so that new chemicals can be marked off the inventory list as soon as they enter the company. May-23 Occupational Safety Chemicals and Hazardous Several chemicals and hazardous Ensure to identify and label all This issue has been resolved, all 48 and Health Substances substances without labelling indicating chemical in a local language. chemicals are now labeled in a the classification, hazards and safety local language. Al workers who precautions. use and handle chemicals now know how to label chemical containers. Compliance will continue to monitor this situation to prevent this from happening again. May-23 Occupational Safety Chemicals and Hazardous Several hazardous chemicals were Ensure that MSDS are available for all This issue has been fixed, all 14 and Health Substances found without chemical safety data chemicals used and stored in the MSDS are now available for all sheets. workplace. chemicals used and stored in our workplace. Periodic inspection will be carried out for compliance to ensure this process. May-23 Occupational Safety Chemicals and Hazardous The spot cleaning area does not have Repair the vacuum machine that were This issue has been fixed, all 1 and Health Substances the proper conditions to prevent not functioning properly in the spot vacuum machines are now unnecessary exposure of workers to cleaning. repaired and in good usable chemicals. condition. May-23 Occupational Safety Chemicals and Hazardous No eye wash facility in the stock area Install an eye washing facility in the This issue has been fixed, an eye 88 and Health Substances of module 4 and pad paint area of stock area of module 4 and pad paint wash station has been installed module 3. area of module 3 where chemicals are for all areas were chemical are used. using the company. [page 277] May-23 Occupational Safety Worker Protection The factory did not provide all the Provide the following personal This issue has been resolved, all 82 and Health necessary personal protective protective equipment : corresponding PPEs have been equipment to workers to perform their -Earplugs for workers in the small issued to workers based what duties. compressor room module 6 and some they need to perform their job. workers in pressing section module 3 Inspections will be carried out to and 4. replace old PPE with new ones - Safety shoes for workers in the boiler when necessary. room between module 1 and 6. - Safety belt for heavy lifting module 1 and warehouse 1. - Goggles for workers in welding shop outside module 2 and 4. - Helmet for workers working at height in maintenance. May-23 Occupational Safety Worker Protection One pipe with boil water was broken in Ensure that proper maintenance is This problem is fixed, the broken 1 and Health the boiler between module 3 & 4 done on the boiler. pipe is removed and replaced with a new one. The maintenance department will periodically inspect and maintain the boiler equipment. May-23 Occupational Safety Worker Protection The electrical installation was not Ensure that electrical installation is This problem is fixed, all electrical 42 and Health properly maintained. properly maintained. installations are now properly maintained. inspection will be held to ensure the proper maintenance on the electrical installations. May-23 Occupational Safety Worker Protection Assessors observed that one electrical Post the hazard sign on the electrical Fixed, the hazard sign has been 8 and Health box was missing hazard sign. box. posted, compliance team and maintenance will periodically conduct inspection to avoid being in non-compliance May-23 Occupational Safety Working Environment The workplace temperature levels Maintain the temperature in the This problem was fixed, 14 and Health exceeded 30 C in all sections. workplace to a maximum of 30 C. maintenance department will keep checking the air cooling system so that the temperature can be stable a of 30 C. May-23 Occupational Safety Working Environment The noise levels Maintain the noise level under 90 db. 88 and Health are inadequate in the quality section 93 db. [page 278] May-23 Occupational Safety Welfare Facilities Soap and paper were not available in Provide soap and toilet papers in the This problem has been resolved, 1 and Health several toilets. toilets. the company has installed new paper dispensers and the quantity delivered daily has also been increased. Likewise for liquid soap. May-23 Occupational Safety Health Services and First Three first aids boxes in the Ensure that first aid boxes have all This problem has been corrected 58 and Health Aid dormitories are missing items. necessary items. during the audit, FCOs and nurses will periodically inspect the first aid kit so that the medicine can be always available. May-23 Occupational Safety Worker Accommodation Exposed electrical/internet wires on all Ensure that the electrical wire was This issue was fixed during the 1 and Health floors. properly safeguarded. audit, all internet and electrical cables are now well covered and the entire system is regularly maintained. The compliance team department will periodically inspect the facilities to maintain the safety of the panels. May-23 Occupational Safety Worker Accommodation Improper maintenance of fire Ensure that the fire extinguishers in the This problem has been fixed, all 1 and Health extinguishers in the dormitories. dormitories are properly maintained. fire extinguishers and all fire equipment have been replaced and regularly checked. Logs are maintain for all activities. The compliance team will continue to monitor this to ensure the safety of all darmitarias May-23 Occupational Safety Emergency Preparedness No smoke detector installed in module Install smoke detector where needed. This problem has been corrected. 13 and Health 8 and the packing area of module 6. Multiple smoke detectors have been installed in the appropriate areas of Module 8 and the Module 6 packing area. The Compliance Team has verified all areas requiring smoke detectors to be installed to prevent this iceria fram Arirrina May-23 Occupational Safety Emergency Preparedness Improper maintenance of fire Ensure that fire fighting equipment are This problem has been corrected. 20 and Health extinguishers in the factories. maintained in a regular basis and In all factories, the compliance checked everyday. team insists that fire extinguishers are checked twice a day rather than once a week. [page 279] May-23 Occupational Safety Emergency Preparedness The stock area of module 4 needs to Ensure that stock area of module 4 is This issue has been resolved. The 61 and Health be remarked; the evacuation plans remarked and all aisles remained floor was re-marked, and the need to be updated and replaced in obstructed. Ensure that all evacuation maintenance department will various areas. are accurate. continue to review it. Any changes will be re-marked immediately according to the plant layout. May-23 Occupational Safety Emergency Preparedness The floor of module 8 did not have Ensure that exit doors are properly This issue has been corrected. AIl 1 and Health any door identified as an exit. identified. exit doors have been clearly identified with the " EXIT "sign. Compliance will check all exit doors in all factories to ensure that they have the "EXIT "sign. May-23 Occupational Safety Emergency Preparedness The aisles in the packing section of Ensure that the aisles in the packing This problem has been corrected. 1 and Health module 2, 3 and the warehouse were section remained unobstructed in All aisles have been cleared of obstructed. packing section of module 2,3. obstructions. The compliance team will conduct new training sessions on the importance of keeping evacuation routes clear. May-23 Occupational Safety OSH Management The management has not posted Post the names of OSH committee Fixed, all the names with picture 14 and Health Systems names of OSH committee members. members. of the OSH committee members are posted on all the floors. May-23 Occupational Safety OSH Management The emergency preparedness Ensure that the emergency The procedures is in place and 14 and Health Systems procedure does not include all the preparedness procedure include: this content all mentioned necessary elements Evacuating employees to a designated elements. A copy of this will be assembly location, and sent to Better Work so that this - Accounting for all employees after an issue can be marked as corrected. evacuation. May-23 Occupational Safety OSH Management The OSH policy does not include all Ensure that the OSH policy includes Compliance is working on 1 and Health Systems the necessary elements. measurable objectives and developing a procedure which will improvements targets and was not include all missing parts. developed through consultation with workers representatives. Assessment May 2022 May-22 Forced Labor Coercion Foreign workers are prohibited from Remove the prohibition for foreign Foreign workers can leave the leaving the industrial park after workers to leave the industrial park on park after the working hours. working time their free time. [page 280] May-22 Forced Labor Coercion The foreign workers did not receive a Share a written contract with the Factory has updated the contract copy of the contract prior to their foreigners workers before they travel in of the foreign workers and arrival in Haïti. Contract term do not Haiti to fulfil their contract. Remove submitted it to headquarters for adhere to legal requirements. the clause that states the foreign approval. 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 Indicate in the payroll the overtime foreign workers were paid properly for payment. overtime hours worked. May-22 Compensation Paid Leave The annual leave payment does not Include the lunch break in the include the lunch break payment. calculation of the annual leave. May-22 Compensation Paid Leave Inaccurate payment of sick leave. 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 May-22 Compensation Paid Leave The maternity leave payment does not Include the lunch break in the include the lunch break payment. calculation of monthly salary. May-22 Compensation Paid Leave Lunch break is not compensated in Pay the lunch break. the payroll. May-22 Compensation Social Security and Other The annual salary supplement or Include the lunch break in the Benefits bonus does not include the lunch calculation of the annual leave. break payment. May-22 Compensation Social Security and Other The workers’ and employers" Include the lunch break payment in the Benefits contribution to ONA are inaccurate worker's monthly earnings because the calculation does not include the lunch break payment. May-22 Compensation Social Security and Other The workers’ and employers" Include the lunch break payment in the Benefits contribution to OFATMA are worker's monthly earnings. inaccurate because the calculation does not include the lunch break pavment. May-22 Contract and Human Employment Contracts Contract for foreign workers do not Specify working conditions in the Factory updated the foreign Resources specify the working hours and provides contracts contract to provide the 15 days of less than 15 days annual leave. annual leave. [page 281] May-22 Occupational Safety OSH Management The factory did not submit accident Submit the accident reports on a Factor will be submitting the and Health Systems report on a monthly basis to OFATMA. monthly basis to OFATMA. reports on a monthly basis even when there is no incident. May-22 Occupational Safety and Chemicals and Hazardous Several chemical product containers Label all chemicals stored and used in Management corrected the issues Health Substances that were not properly labelled. the workplace. during the assessment visit. May-22 Occupational Safety Chemicals and Hazardous Chemical safety data sheets were Have all chemical data sheets for Management corrected the issue and Health Substances missing. for several chemicals and chemical used and stored in the and placed MSDS for all these hazardous products. workplace. products, in the location where they are being used. May-22 Occupational Safety Chemicals and Hazardous Vacuum machines in the spot cleaning Repair or replace the vacuum Vacuum machine is fixed. and Health Substances do not functioning properly. No machines. Install eyewash facilities Eyewash are installed in the eyewash station installed where were chemicals are used and stored mixing rooms. chemical products are used. May-22 Occupational Safety Worker Protection The employer has not been provided Provide proper personal protective Management provided the and Health proper PPE to all workers. equipment to workers in the workplace. protective equipment during the assessment visit. May-22 Occupational Safety Worker Protection Improper maintenance of electrical Secure all possible sources of hazard. Managed corrected the issue and Health wiring. during the assessment visit. May-22 Occupational Safety Worker Protection Electrical boxes in module 2 was Post the hazard sign where necessary. Managed corrected the issue and Health missing the hazard sign. during the assessment visit. May-22 Occupational Safety Working Environment The temperature levels exceeded the Maintain the temperature level to 30 C Cooling system is fixed and and Health recommended 30 C in packing, and below in all sections. monitoring put in place. section and quality sections. May-22 Occupational Safety Working Environment Noise levels are unacceptable in the Maintain the noise level up to 90 db. Management trained the and Health packing, sewing and inspection compliance and issued note to sections. keep the May-22 Occupational Safety Welfare Facilities Workers complained about the Identify other location to install the and Health location of drinking water stations drinking water stations. which are very close to the toilets. May-22 Occupational Safety Health Services and First Insufficient number of nurses. Hire seven more nurses. and Health Aid May-22 Occupational Safety Health Services and First Obstructed first aid boxes. First aids Post the inventory list of supplies on All these issues were corrected and Health Aid missing inventory checklist. the first aid box. Ensure that it is during the assessment visit. accessible. [page 282] May-22 Occupational Safety Emergency Preparedness Alarm systems not working properly. Regularly maintain the fire fighting All these issues were corrected and Health Smoke detector missing in the equipment. during the assessment visit. stockroom area. May-22 Occupational Safety Emergency Preparedness Obstructed and improper Regularly maintain the fire fighting All these issues were corrected and Health maintenance of fire extinguishers. equipment. during the assessment visit. May-22 Occupational Safety Emergency Preparedness Inaccurate evacuation plans. Paint the floor of module 2 and 4. Floor was repaint and the and Health Evacuation routes not properly Update the evacuation plan to add the evacuation plan is updated. identified on the factory floor. meeting point. May-22 Working Time Regular Hours The employer did not post the Post the working hours in module 9. Management posted the working factory's working hours in module 9. hours in Module 9 May-22 Working Time Overtime Contracts for foreign workers do not Include the effective time of overtime Factory has updated the contract specify the amount of overtime performed in the payroll. of the foreign workers and required. submitted it to headquarters for approval. May-22 Working Time Leave Contract for foreign workers states that Provide 15 days of annual leave to Factory has updated the contract they are entitled to less than fifteen foreign workers. for the foreign and submitted it days of annual leave. to headquarters for approval May-22 Occupational Safety OSH Management OSH committee has organized two Maintain meeting for the OSH Factory held a meeting in and Health Systems meeting for the past 12 months. committee on a monthly basis. November 2022. May-22 Occupational Safety OSH Management Management has not posted names of Post names of the OSH committee Name of OSH committee and Health Systems OSH committee members. members. members are now posted where all workers can see. May-22 Occupational Safety OSH Management Emergency preparedness procedure The following steps are missing; Procedure is updated and include and Health Systems that does not include all the necessary - Evacuating employees to a the missing criteria. elements. designated assembly location, and - Accounting for all employees after an evacuation. Include missing element in the emergency preparedness procedures. May-22 Occupational Safety Chemicals and Hazardous The chemical inventory was not Keep an inventory for all the chemicals : Management updated the and Health Substances accurate and did not include the name used and stored in the workplace. inventory to include the name of of all chemicals used in the workplace. all chemicals used. [page 283] BETTER WORK HAITI - 26TH SYNTHESIS REPORT Factory: S&H Global Washing 7 Location: Arrondissement du Trou du Nord Number of workers: 925 Date of registration: Sep-18 Date of last two Better May-22 May-23 Work 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 15-May-23 Advisory meeting Meeting with management to discuss several complaints received from workers and union such as harassment, terminations. Management will follow up on specific cases. Review of ONA and OFATMA payment status. 10-May-23 Training Supervisory Skills (SST) 8-May-23 Training Negotiation Skills 24-Apr-23 Training GBVH Cluster Training (Introduction, Grievance Mechanism, Gap Analysis & PFA) 19-Apr-23 Advisory meeting - Conduct OSH tour: Emergency preparedness, worker protection - Bipartite meeting - Conduct survey on Purchasing practices - Review improvement from the last visit 1-Feb-23 Training Purchasing Practices Training 1-Feb-23 Advisory meeting Advisory summary session:- OHS assessment tour with the factory compliance officer- Reviewed several documents to identify the improvement made by the factory. Delivered the purchasing practices training. Meeting Bipartite committee to get an update on the factory situation. 29-Nov-22 Virtual advisory meeting Review of the IP point by point to advise on status and follow up steps and finalize PRI.Planning of training to be provided before the end of the year. 15-Sep-22 Virtual Bipartite Review of the improvement Plan. Discussion was on Forced Labor NC issues and review of the new foreign workers contracts. Discussion committee meeting was also about the civil unrest that impacted attendance the factory. Discussion withe Union members also on security situation that affects negatively the workers. 25-Aug-22 Training Respectful Workplace Program for Workers. 25-Aug-22 Training Respectful Workplace Program for Supervisors & Middle Management 22-Jul-22 Virtual advisory meeting Discussion on the improvement and PR2. Factory to send PRI and update the improvement plan. Discussion were also on Forced labor NC. Factory to do the required follow up and send the evidence. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment May 2023 [page 284] May-23 Occupational Safety OSH Management The OSH policy does not include include the missing elements in Compliance team is working on 14 and Health Systems all the necessary elements. by the the OSH policy such as developing a procedure which will plant manager measurable objectives and include all missing parts improvements targets and was not developed through consultation with workers representatives. May-23 Occupational Safety OSH Management The emergency preparedness Ensure the missing element in The procedure is in place and this 14 and Health Systems procedure does not include allthe the emergency preparedness content all mentioned elements. a necessary elements. procedures such as: copy of this will be sent to better -Evacuating employees to a work so that this issue can be designated assembly location, marked as corrected. and - Accounting for all employees after an evacuation. May-23 Occupational Safety OSH Management Management has not posted Post the names of the OSH Fixed, all the names with picture 14 and Health Systems names of OSH committee committee members. of the OSH committee members members. are posted on all the floors. May-23 Occupational Safety Emergency Preparedness One fire extinguisher was Ensure that the fire fighting This problem has been fixed, all 21 and Health obstructed in the boiler room equipment is checked within the fire extinguishers and all fire located next to the washing workplace on à daily basis. equipment have been replaced building and fire extinguisher #5 and regularly checked. logs are was undercharged. maintained for all activities. The compliance team will daily check the fire fighting equipment to prevent this issue from repeating. May-23 Occupational Safety Worker Accommodation Improper maintenance of fire Ensure that fire fighting This problem has been fixed, all 21 and Health extinguishers. Smoke detectors equipment is regularly checked fire extinguishers and all fire missing on the floors. in the dormitories. equipment have been replaced and regularly checked. logs are maintained for all activities. The compliance team will continue to monitor this to ensure the safety ZA dersoeciee May-23 Occupational Safety Worker Accommodation In the dormitory, there were Ensure the electrical system is This issue was fixed during the 1 and Health exposed electrical/internet wires maintained regularly in the audit, all internet and electrical on all floors. dormitories. cables are now well covered and the entire system is regularly maintained. The compliance team and the maintenance department will periodically inspect the facilities to maintain the safety of Ha manne [page 285] May-23 Occupational Safety Health Services and First Three first aids boxes in the Ensure to check the first aid Factory replaced the missing 1 and Health Aid dormitories are missing items. boxes in a regular basis. element within the first aid boxes. May-23 Occupational Safety Working Environment The temperature levels exceeded Maintain the workplace 14 and Health 30 Cis several section of the temperature at a maximum of workplace. 30 C. May-23 Occupational Safety Worker Protection One electrical wire found hanging Safeguard all sources of ignition. This issue has been fixed, all 14 and Health from the ceiling in the boiler room electrical cables and sources of next to the Washing Building. ignition are in safety condition. Periodic check will be held by compliance team to ensure the secure of these materials. May-23 Occupational Safety Worker Protection The employer has not provided Provide earplugs to workers in This issue has been fixed , all 14 and Health earplugs for workers in the small the small compressor room. necessaries EPPS has been compressor room. provided to the workers. Compliance team will keep monitoring to make sure that workers are using the EPPS. May-23 Occupational Safety Chemicals and Hazardous Several hazardous chemicals were Ensure that all MSDS are All the MSDS this issue as been 48 and Health Substances found without chemical safety available for chemical used and fixed, all chemicals are well stored data sheets. stored in the workplace. and properly labeled. Compliance team will keep monitoring this situation throughout his weekly self-audit to prevent this from ranastina May-23 Occupational Safety Chemicals and Hazardous A gallon of gasoline was stored in Ensure that chemical and This issue has been resolved, all 1 and Health Substances an area directly exposed to the hazardous substances are chemicals are well stored and sun. properly stored. properly labeled. Compliance team will keep monitoring this situation throughout his weekly self audit to prevent this from repeating. May-23 Occupational Safety Chemicals and Hazardous Unidentified containers of Ensure that the chemical and This issue has been solved, all the 48 and Health Substances chemical substances and hazardous substances are chemical and hazardous improper labelling. identified and labelled in a substances are identified and proper way. labelled in à proper way. Meeting and training has been held with all workers who has access with chemical products on "use and handle chemical products. [page 286] May-23 Occupational Safety OSH Management The factory did not submit Submit accident reports to This situation ha been fixed, the 14 and Health Systems accident reports to OFATMA on a OFATMA on a monthly basis. reports are been sent on a monthly basis. monthly basis to OFATMA. Other offices will be used to communicate the accidents reports to OFATMA in case of any closure of the regional offices. May-23 Discrimination Gender One sexual harassment case Address the situation by This situation has been fixed by 1 under hostile work environment. planning awareness on applying the company's regulation respectful workplace for workers regarding cases of sexual as well. harassment. The following steps have been carried out for the company to resolve this case and prevent this situation from happening again: “Corrective actions Appropriate measures were taken against the person who initiated this situation. “Preventive action The compliance team will keep closely monitoring all the modules by having frequent meetings and interviews with the workers in order to address on time any similar situation. “Preventive actions Training on harassment has been carried out for all company personnel, sexual harassment policy has been reviewed and natal enr ati faanarereverne Assessment May 2022 May-22 Occupational Safety Working Environment Temperature levels exceeded the Maintain the temperature level Planning for air Cooling system and Health recommended 30 C in pressing, to 30 C and below in all sections. regular maintenance and service sewing and inspection sections. each 3 months. May-22 Occupational Safety OSH Management The written OSH policy does not Update the OSH policy in OSH policy is updated in and Health Systems include all the necessary consultation with workers consultation with workers elements. representatives and include representatives. objectives and improvements targets. [page 287] May-22 Occupational Safety OSH Management The factory has an emergency include the following missing Emergency preparedness in and Health Systems preparedness procedure that does elements in the emergency updated with the missing criteria. not include all the necessary preparedness procedures: elements. Evacuating employees to a designated assembly location, and accounting for all employees after an evacuation. May-22 Occupational Safety OSH Management Management has not posted Post names of the OSH List of OSH committee members and Health Systems names of OSH committee committee members. is updated. members on the factory floor. May-22 Occupational Safety OSH Management The OSH committee is not Organize meeting for the OSH Meeting held on November 2022. and Health Systems effectively functioning. committee on a monthly basis and keep minutes of meetings. May-22 Working Time Leave Contract for foreign workers states Provide 15 days of annual leave Factory has updated the contract that they are entitled to less than to foreign workers. for the foreign and submitted it to fifteen days of annual leave. headquarters for approval. May-22 Working Time Overtime Foreign workers Contract do not include the effective time of Factory has updated the contract specify the amount of overtime overtime performed in the for the foreign and submitted it to required. payroll. headquarters for approval. May-22 Working Time Regular Hours Factory's working hours for all Post the working hours in Management fixed the issue shifts, including break time is not building 7. during the assessment visit. posted in all buildings. May-22 Occupational Safety Emergency Preparedness Locked emergency exits during Keep evacuation route Management unlocked the exits and Health working hours and several unobstructed. Ensure the exits during the assessment visit. obstructed aisles observed. remain accessible during the working hours May-22 Occupational Safety Emergency Preparedness Inaccurate evacuation maps. Update the evacuation map to Management fixed the issue and Health reflect the floor layout. Ensure during the assessment visit. that the meeting point is accessible. May-22 Occupational Safety Emergency Preparedness Obstructed and missing fire Ensure that fire extinguisher Management fixed the issue and Health extinguisher. remained accessible during the during the assessment visit. working hours. May-22 Occupational Safety Health Services and First Insufficient medical staff. Hire two additional nurses. and Health Aïd [page 288] May-22 Occupational Safety Welfare Facilities The factory did not provide any Provide appropriate space where The area was cleaned and is and Health facility for workers to change their workers can change their clothes available for workers to change clothes after work. after work. their clothes after work. May-22 Occupational Safety Working Environment Slippery floor due to water Post warning sign in the area and Management removed workers and Health spillage. No warning signs posted take appropriate measures to fix from the area until the problem in the area. the pive. get solved. May-22 Occupational Safety Working Environment Noise level exceeded 90 dB in Ensure that the noise level is Monitoring system put in place. and Health several sections. under 90 dB in all sections. May-22 Occupational Safety Worker Protection No safety belts were provided to Provide safety belt to workers. Safety belts are available for the and Health workers in the packing and workers. warehouse area for lifting heavy loads. May-22 Occupational Safety Worker Protection Improper maintenance of Ensure that electrical equipment Management fixed the issue and Health electrical boxes. are properly maintained. during the assessment visit. May-22 Occupational Safety Worker Protection The employer has not provided Provide appropriate protective Management corrected these and Health proper PPE to all workers. equipment to workers. issues during the assessment visit. May-22 Occupational Safety Chemicals and Hazardous The spot cleaning area does not Ensure the spot cleaning have Management fixed the issue and Health Substances have the proper conditions to proper condition to prevent during the assessment visit. prevent Unnecessary exposure of unnecessary exposure of workers workers to chemicals. to chemicals. May-22 Occupational Safety Chemicals and Hazardous Several hazardous chemicals were Ensure that the chemical data Chemical data sheets are and Health Substances found without chemical safety sheets are available for all the available for all chemicals used in data sheets. chemicals used in the workplace. the workplace. May-22 Occupational Safety Chemicals and Hazardous Chemicals and hazardous Label all hazardous and Management ensured that the and Health Substances substances were not properly chemicals substances used in chemicals are adequately labelled. labelled in the workplace. the workplace. May-22 Occupational Safety Chemicals and Hazardous The chemical inventory was not Keep the inventory updated and Inventory is update and includes and Health Substances accurate. include all the chemicals used. all the chemicals used in the workplace. May-22 Occupational Safety OSH Management The factory did not submit work Submit the accident reports on a In charge are informed to send and Health Systems related accident report to monthly basis to OFATMA. the report even when no incident OFATMA on a monthly basis. is reported. May-22 Contracts and Human Employment Contracts Contract for foreign workers do Specify working conditions in the Factory has updated the foreign Resources not specify the working hours and contracts. workers’ contract and submitted it provides less than 15 days annual to headquarters for approval. leave. [page 289] May-22 Compensation Social Security and Other The workers’ and employers' include the lunch break payment Benefits contribution to OFATMA are in the worker's monthly earnings. inaccurate because the calculation does not include the lunch break payment. May-22 Compensation Social Security and Other The workers’ and employers' include the lunch break payment Benefits contribution to ONA are in the worker's monthly earnings. inaccurate because the calculation does not include the lunch break payment. May-22 Compensation Paid Leave The maternity leave and sick leave Include the lunch break payment payment register and payroll in the worker's monthly earnings. records do not include the lunch break payment. May-22 Compensation Social Security and Other The annual salary supplement or Include the lunch break in the Benefits bonus does not include the lunch calculation of the annual leave. break payment. May-22 Compensation Paid Leave Annual leave, sick leave and include the lunch break payment maternity leave payments are not. in the calculation of the annual, sick and maternity leaves. May-22 Compensation Paid Leave Lunch break is not compensated Pay the lunch break. in the payroll. May-22 Compensation Paid Leave The sick leave is paid on a Pay full sick leave payment after prorated basis, depending on the one year of service. term of service. May-22 Compensation Paid Leave The annual leave payment does include the lunch break payment not include the lunch break in the calculation of the annual payment. leave. May-22 Compensation Overtime Wages Employer did not show evidence indicate in the payroll the Factory has updated the contract that foreign workers were paid overtime payment. of the foreign workers and properly for overtime hours submitted it to headquarters for worked. approval. [page 290] May-22 Forced Labor Coercion The foreign workers did not Share a written contract with the Factory has updated the contract receive a copy of the contract foreigners workers when before of the foreign workers and prior to their arrival in Haiti. they travel in Haiti to fulfil their submitted it to headquarters for contract. Remove the clause that approval. 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 Forced Labor Coercion Foreign workers are prohibited Remove the prohibition for Foreign workers can leave the from leaving the park even on foreign workers to leave the park after the working hours. weekends and holidays. industrial park on their free time. [page 291] BETTER WORK HAITI - 26TH SYNTHESIS REPORT Factory: Sewing International S.A. Location: Port-au-Prince Number of workers: 1,736 Date of registration: Oct-09 Date of last two Better Sep-21 Aug-22 Work assessments: Advisory and Training Services 27-Jun-23 Bipartite Committee Meeting to validate emergency preparedness issues and medical checks for workers Meeting 27-Jun-23 Advisory meeting Virtual OSH tour on Worker Protection and documentation review such as OSH management systems. 27-Feb-23 Bipartite Committee Meeting on Self diagnosis and training needs. Meeting 27-Feb-23 Advisory meeting To validate pending issues on the improvement plan, session on OSH performance indicator and provide guidance on the procedure for pregnant women 30-Nov-22 Bipartite Committee Communication on poor water management at the factory, water pipes to be replaced, identification of gas Tank. Meeting 28-Oct-22 Bipartite Committee Meeting on the need for Improvement in the mechanic workshop and replacement of the factory gate. Meeting 27-Oct-22 Virtual advisory meeting Session on 1 first progress report, Follow up on the last assessment report and explain the Grievance mechanism procedure. 30-Aug-22 Bipartite Committee Plan à meeting with the sellers for the cleaning of the space, reminder on the electrical panels not accessible. Meeting ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment August 2022 Aug-22 Compensation Wage Information, Use The overtime hours were not Revise employee contracts by 10 and Deduction registered for the supervisors and clearly specifying the salary for the non-production workers. normal hours and salary that will be allocated in the event of factory needs for these categories of workers. Aug-22 Compensation Paid Leave The annual leave payment is not Pay the lunch break and The June 13 decree suspends the 27 calculated based on worker's Calculate the annual leave 3*8 law, so Better Work is not average daily earnings, because the payment based on worker's daily … finding non-compliance for non- factory does not compensate average earnings. payment of the lunch break. workers for the lunch break. [page 292] Aug-22 Compensation Paid Leave The calculation of the sick leave Pay the lunch break and send The June 13 decree suspends the 27 payment does not include the lunch workers’ pay slip and documents 3*8 law, so Better Work is not break payment. to OFATMA for sick leave finding non-compliance for non- payment. payment of the lunch break. Aug-22 Compensation Paid Leave The lunch break payment is not Pay the lunch break and send Documents for maternity leave 27 included in the calculation of the workers’ pay slip and documents payment have been sent to maternity leave. to OFATMA for maternity leave OFATMA. payment. The factory paid 6 weeks and OFATMA 12 weeks. Aug-22 Compensation Paid Leave The lunch break is not compensated Discuss legal requirements with The June 13 decree suspends the 27 in the payroll. the General Manager. 3*8 law, so Better Work is not Pay the lunch break. finding non-compliance for non- payment of the lunch break. Aug-22 Compensation Paid Leave Payment for annual leave, Sick Discuss legal requirements with The June 13 decree suspends the 27 leave, maternity leave and the daily the General Manager. 3*8 law, so Better Work is not break are not accurate. Pay the lunch break. finding non-compliance for non- payment of the lunch break. Aug-22 Compensation Social Security and The factory completed 30 percent of Pay the lunch break and pay 27 Other Benefits the payment for the fiscal year 2021- OFATMA work related accident 2022, for OFATMA work related on time. accident insurance. Aug-22 Compensation Social Security and The calculation for annual salary Pay the lunch break and 88 Other Benefits supplement or bonus does not include the lunch break payment include the lunch break payment. in the calculation of annual salary supplement or bonus. Aug-22 Compensation Social Security and The factory did not share any proof Send workers’ pay slip for the last The records of all 88 Other Benefits that workers’ pay slip for the last 3 3 months to OFATMA for sick acknowledgments are kept. months were sent to OFATMA for leave and maternity leave sick leave and maternity leave payment. payment Keep records of acknowledgments Aug-22 Compensation Social Security and ONA calculation does not include Pay the lunch break, then forward Last ONA payment was made 88 Other Benefits the lunch break payment. At the worker's and employers' for the month of September time of assessment visit, the last contribution to ONA within the 2022. three recent payments were late. first 10 business days of the next month for the previous month. [page 293] Aug-22 Compensation Social Security and Employers' contribution to OFATMA Pay the lunch break, then Last OFATMA payment was 88 Other Benefits for maternity and health insurance Forward worker's and employers' made for the month of May does not include the lunch break contribution to OFATMA within 2023. payment. the first 10 business days of the next month for the previous month. Aug-22 Contracts and Human Employment Contracts The internal work rules are less Amend the internal regulations 10 Resources favorable than the law. and make the necessary adjustments. Aug-22 Compensation Termination The calculation for the payment of Include the lunch break payment The June 13 decree suspends the 10 the applicable notice period does not _in the calculation for the 3*8 law, so Better Work is not include the lunch break payment. applicable notice period. finding non-compliance for non- pavment of the lunch break Aug-22 Compensation Termination The calculation of the average daily Include the lunch break payment The June 13 decree suspends the 10 salary for annual leave upon in the calculation of unused paid 3*8 law, so Better Work is not termination does not include the annual leave upon termination. finding non-compliance for non- lunch break payment. payment of the lunch break. Aug-22 Compensation Termination The calculation of the annual salary Include the lunch break payment The June 13 decree suspends the 10 supplement upon termination does in the calculation of annual salary 3*8 law, so Better Work is not not include the lunch break upon termination. finding non-compliance for non- payment. payment of the lunch break. Aug-22 Occupational Safety and OSH Management The employer was not able to Request a structural safety 10 Health Systems provide the required structural safety certificate from the city council. certificates Aug-22 Occupational Safety and Chemicals and The chemical inventory was not Assign responsible persons for The health and safety officer and 10 Health Hazardous Substances accurate . updating inventories of the OSH members are hazardous substances in the responsible to update inventories various locations where they are of hazardous substances in the stored or used. various locations where they are stored or used. Aug-22 Occupational Safety and Chemicals and No chernical data sheets for Acid Keep chemical MSDS for all MSDS for all chemical products 10 Health Hazardous Substances muriatic found in the mechanic hazardous chemicals used inthe are posted in the workplace. shop. workplace. Aug-22 Occupational Safety and Chemicals and The employer has not limited Isolate the use of chemical The maintenance manager has 10 Health Hazardous Substances workers ‘exposure to hazardous products on the floor. already defined à maintenance substances. plan. [page 294] Aug-22 Occupational Safety and Worker Protection Management has not provided Provide the safety belt to All workers that are doing heavy 54 Health support belt to workers doing heavy workers. Add this aspect in the lifting works have received the lifting work. system of daily-weekly checks. safety belt. Aug-22 Occupational Safety and Worker Protection 25 percent of the sewing machines Define who is in charge of The mechanic manager is in 10 Health are missing pulley guards. installing & regularly maintaining charge of installing and regularly the machine guards (preventive maintaining the machine guards. maintenance). Aug-22 Occupational Safety and Working Environment Temperature exceed BW Take action to reduce the 88 Health recommended limit. temperature such as opening in the roof, water curtain or additional fans. Aug-22 Occupational Safety and Welfare Facilities Insufficient number of toilets. Increase the number of toilets as 104 Health required by law. Aug-22 Occupational Safety and Health Services and Insufficient medical staff. Hire additional medical staff 95 Health First Aid based on the total workforce. Aug-22 Occupational Safety and Emergency The fire alarm in building 2 was not Have a fire detection and alarm 10 Health Preparedness working in. system suitable for the factory conditions. Aug-22 Occupational Safety and Emergency A rechargeable light bulb was found Train supervisors and workers The direction has already trained 10 Health Preparedness charging wrapped in a piece of about fire hazards and the need all workers, supervisors about fire fabric. Management said that this to report hazards for reparation. hazards and the need to report practice is forbidden in the hazards reparation. workplace. Aug-22 Working Time Regular Hours The regular working hours are exceed Amend the internal work rules 21 the legal limit. Ensure that the weekly regular working hours which include the daily break do not exceed 48 hours per week. Aug-22 Working Time Regular Hours The administrative staff. Supervisors Review the contract of these 10 confirmed that even though they are categories of workers. working significant amount of overtime , it is not recorded and therefore not paid. Aug-22 Working Time Leave Management did not provide 15 Provide at least 15 days of annual 15 days of annual leave has been 10 consecutive days of annual leave. leave to workers after 1 year of provided to workers. service. [page 295] Aug-22 Working Time Leave Assessors found two cases where Develop a procedure for The factory has developed a 10 the workers were sent home before maternity leave. procedure for maternity leave their seventh month of pregnancy with à consistent content. without any medical prescription. Aug-22 Contracts and Human Employment Contracts The disciplinary procedure does not Include in the procedure the The factory management has 10 Resources include: Clear specification of following actions: Clear reviewed the termination and unacceptable behaviors or specification of unacceptable disciplinary procedures, the performance. behaviors or performance. missing steps of the procedure have been added. Aug-22 Contracts and Human Employment Contracts The grievance procedure does not Include clear options for The factory has made the 10 Resources include clear options for submitting submitting grievances and updates in the procedure such as grievances and disputes that ensure disputes that ensure anonymity clear options for submitting anonymity and non-retaliation. and non-retaliation. grievances and disputes that ensure anonymity and non- retaliation. Aug-22 Occupational Safety and OSH Management Management did not show evidence Hold a management review 10 Health Systems of: Regular management review of meeting of effectiveness of effectiveness of management management system including system including performance on performance on measurable measurable objectives and targets. objectives and targets. - Keep records when accident investigations are followed by an San nan fe mean Aug-22 Occupational Safety and OSH Management No. The factory does not have an includes the following actions in 10 Health Systems adequate accident investigation the procedure: procedure. - Root cause analysis - Focus on sustainable solutions - Implementation of changes in order to avoid reoccurrence. Aug-22 Occupational Safety and OSH Management The factory does not have an Develop à hazard/risk 10 Health Systems adequate hazard/risk management management and control and control procedure. procedure that includes: - À systematic approach to identifying hazards - À structure to prioritize risks based on potential impact and likelihood - À hierarchy of controls that is used to select effective controls - A risk register that drives the implementation of controls. Assessment September 2021 [page 296] Sep-21 Working Time Regular Hours The employer does not keep working Ensure that working time records time records that reflect the hours is accurate. actually worked. Sep-21 Working Time Regular Hours One worker was not automatically Develop à procedure for the HR granted breastfeeding brakes after staff when worker return from her return from maternity leave. maternity leave. Sep-21 Working Time Regular Hours The regular working hours are from 7 Revise the internal regulations AM to 4 PM (including a 1 hour daily and make sure that the regular break), 6 days per week, which is hours do not exceed 48 hours per equivalent to 9 week. working hours per day and 54 hours per week. Sep-21 Occupational Safety and Emergency The total number of workers trained Include the training in fire fighting Health Preparedness in fire-fighting is less than 10 percent in the training plan. of the workforce. Ensure that at least 10 percent of the workforce is trained. Sep-21 Occupational Safety and Emergency The last fire drill was conducted on Conduct at least one emergency The Factory has planned 3 Fire Health Preparedness June 22nd 2021, and the one before drill every 6 months including full Drill per year and conducted 2 that on 30th August 2020. evacuation of the workforce. fire drills for this year. Insert the drills in the OSH annual training plan. Sep-21 Occupational Safety and Emergency The aisles were obstructed in both Provide additional training for Health Preparedness buildings of the factory during supervisors and worker. Provide working hours. additional space for storing goods. Sep-21 Occupational Safety and Emergency The escape routes in both floor of Paint evacuation arrows and Health Preparedness the factory are not clearly marked. yellow lines on the floor to show the exit pathway. Sep-21 Occupational Safety and Emergency The fabric warehouse does not have Install adequate fire-fighting Management has installed Health Preparedness adequate fire-fighting equipment. equipment in this area. adequate fire-fighting equipment in this area and trained workers on electrical hazards. Sep-21 Occupational Safety and Emergency The fabric storage does not have a Install a smoke detector in this Management has installed some Health Preparedness fire detection and alarm systems. area. smoke detectors in this area and Provide additional training on trained the workers on electrical electrical hazards. hazards. [page 297] Sep-21 Occupational Safety and Health Services and The total number of workers trained Include First Aid training in the More than 10 percent of the Health First Aid in first aid is less than 10 percent of training plan. workforce has been trained. the workforce. Ensure that at least 10 percent of The factory has an internal the workforce is trained in first training plan and a training aid. Monitoring system in place. Sep-21 Occupational Safety and Health Services and The factory is in compliance with the Hire additional medical staff to Health First Aid labor code regarding the doctor have at least 7 nurses for the services. However, the number of current workforce. nurses is insufficient. Sep-21 Occupational Safety and Health Services and Annual medical checks for workers Discuss the legal requirements The compliance team have Health First Aid are not in line with legal with the General Manager. discussed about the legal requirements. Pay the health card. requirements with the general manager. The factory has paid the CDS. Sep-21 Occupational Safety and Health Services and Health checks for workers who are Discuss the legal requirements The Factory has paid the health Health First Aid exposed to work-related hazards are with the General Manager. card. Management has a plan for not in line with legal requirements. Develop a health check plan for workers that are exposed to work- workers who are exposed to work- related hazards to receive the related hazards. health checks every six months. Sep-21 Occupational Safety and Health Services and The factory did not paid the CDS. As Discuss the legal requirements The factory has paid the CDS Health First Aid a result OFATMA did not provide With the General Manager. Pay and has sent a request to any medical checks for workers upon the health card. OFATMA to provide the medical hiring and workers checks. did not receive the health card. Sep-21 Occupational Safety and Welfare Facilities Insufficient number of toilets. Discuss the legal requirements Health With the General Manager. Increase the number of toilet to have at least one toilet for every 25 men and one toilet for every 15 women. Sep-21 Occupational Safety and Working Environment Lux level is insufficient in sewing, Increase the light level to reach Health packing and cutting section. 300 lux in Pressing section, 500 lux in Sewing, cutting, packing. 750 lux in trimming, Inspection section. Add this aspect in the daily and weekly checks. [page 298] Sep-21 Occupational Safety and Working Environment Workplace temperature exceed 30 C Increase the ventilation with Health in cutting section. additional fans. Conduct regular measurement of temperature & compare with threshold value Sep-21 Occupational Safety and Worker Protection No support belts have been Provide employees with all Health provided to workers doing heavy necessary personal protective lifting work. clothing and equipment according to PPE regulation. Sep-21 Compensation Paid Leave The annual salary supplement or Discuss legal requirements with bonus does not include the lunch the General Manager. Pay the break payment. lunch break and include it in the annual salary supplement. Sep-21 Compensation Social Security and Workers' contributions to OFATMA is Discuss legal requirements with Other Benefits late and does not include the lunch the General Manager. Include the break payment. lunch break in worker's contribution to OFATMA. Ensure that payments are done within the first 10 business days of the next month for the previous month. Sep-21 Compensation Social Security and Employer's contributions to Include the lunch break in the Other Benefits OFATMA for maternity and health employer contribution to insurance is late. OFATMA. Ensure payment are done within the first 10 business days of the next month for the previous month. Sep-21 Compensation Social Security and Employer's contribution to OFATMA Include the lunch break in the The factory made a first Other Benefits for work-related accident insurance contribution sent to OFATMA. payment for the fiscal year is late. Pay the health cards. 2021/2022 which includes the health cards. Sep-21 Compensation Social Security and The employer did not collect and Pay the lunch break and Forward Other Benefits forward workers’ contributions to worker contribution to ONA ONA on time and the lunch break is within the first 10 business days not compensated. of the next month for the previous month. Sep-21 Compensation Social Security and The employer contribution to ONA is Pay the lunch break and Forward Other Benefits late and does not include the lunch employer contribution to ONA break payment. Within the first 10 business days of the next month for the previous month. [page 299] Sep-21 Contracts and Human Paid Leave The factory did not pay annual leave, Pay the lunch break and include Resources Sick leave, maternity leave and the it in the calculation of sick leave, daily break correctly as the lunch maternity leave and annual leave. break is not compensated. Sep-21 Contracts and Human Paid Leave The lunch breaks is not Pay the lunch break. Resources compensated in the payroll. Sep-21 Contracts and Human Paid Leave The eligible workers are receiving 12 Pay the lunch break and include Resources week of maternity leave payment it in the declaration sent to from OFATMA. However, the OFATMA. calculation does not include the lunch break payment. Sep-21 Contracts and Human Paid Leave The factory has not paid some Have a system to monitor the All workers have received the sick Resources workers their sick leave because requests for sick leave. Pay the leave payment. management lost workers’ sick leave lunch break and include it in the certificate. calculation of sick leave. Sep-21 Contracts and Human Paid Leave The annual leave payment is not Pay the lunch break and include Resources calculated on worker's daily average it in the calculation of average earnings. daily earnings, when paying the annual leave. Sep-21 Compensation Minimum Wages/Piece Workers are not getting the Review and update the internal Rate Wages minimum wage for the days when regulations. Based on factory internal they get sent home early for not regulations approved by MAST, making good progress on the workers received the minimum production. wage. [page 300] BETTER WORK HAITI - 26TH SYNTHESIS REPORT Factory: Superior Sourcing Location: Ouanarninthe Number of workers 856 Date of registration: Jan-20 Date of last two Better Jun-22 May-23 Work assessments: Advisory and Training Services 14-Jun-23 Training Advance Bipartite Committee 18-Apr-23 Training Chemical Management System 18-Apr-23 Training GBVH Introduction 18-Apr-23 Advisory meeting Advisory Visit to conduct an OSH tour of the factory and to conduct training on chemical management for members of the OSH committee. TI-Apr-23 Training PNCs & Management 15-Mar-23 Bipartite Committee Advisory visit to: Review improvement plan Discuss PRI Meet with Bipartite Committee Meeting 15-Mar-23 Advisory meeting Advisory visit to: Review improvement plan Discuss PRI Meet with Bipartite Committee 3-Feb-23 Advisory meeting Advisory visit to: Conduct OSH tour Review Improvement plan Meet with tha hinartite 27-Jan-23 Training Workplace Cooperation and Communication 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 COMPLIANCE ASSESSMENT CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment May 2023 [page 301] May-23 Occupational Safety OSH Management the OSH policy was not developed in The factory should discuss the policy with 33 and Health Systems consultation with workers and their worker representative, including the OSH representatives. committee members, gather their inputs and include them in the policy. Workers should also be made aware of the policy either trough training or during induction May-23 Occupational Safety OSH Management No. The factory has not posted The factory needs to post the names of all 33 and Health Systems policies and work instructions around committee members on the floor. If the workplace. possible, post the pictures of the members as well. Post the policy. May-23 Occupational Safety OSH Management The employer does not properly Management needs to: Perform regular 33 and Health Systems investigates monitors and measures test, survey and inspections.Logging and OSH issues analysis of violations of procedures Regularly review of effectiveness of management system including performance on measurable objectives and targets May-23 Contracts and Human Employment Contracts The factory's disciplinary and Update the procedure to include 33 Resources termination procedures does not The right to defend oneself prior to include all the necessary steps. termination and to representation during the disciplinary process. May-23 Contracts and Human Employment Contracts The Internal work rules Has not been The factory needs to follow up with MAST 33 Resources approved by MAST. to make sure that the internal work rules document is approved. May-23 Contracts and Human Employment Contracts The normal working hour in the Update the internal work rules. 2 Resources Dominican contracts is different form the working time in the internal work rules. May-23 Working Time Leave Pregnant workers do not go on leave The factory should respect the law and 35 6 weeks before giving birth. send pregnant workers on maternity leave six weeks before delivery May-23 Occupational Safety Emergency Obstructed aisles in several areas of The factory should make sure that aisles The factory corrected the issue 33 and Health Preparedness the workplace and evacuation routes remain However, a visit is required to make unobstructed at all times during work sure that the improvement is hours. Training should be provided to consistent. production managers and supervisor about the dangers of obstructed aisle May-23 Occupational Safety Emergency Fire drills are not conducted every six Fire drills should be conducted every six The factory conducted a fire drill in 33 and Health Preparedness months, as recommended. months, as recommended. July. They should schedule another drill for January 2024. [page 302] May-23 Occupational Safety Emergency The assessors noticed a light bulb Workers should be trained in fire safety, let The factory took measure to correct 2 and Health Preparedness wrapped with fabric in plotter area. them know about the dangers this action the issue. They have charging present. Factory can analyze to install station available for workers to phone charging stations for workers. charge their phones. May-23 Occupational Safety Emergency The evacuation plan did not reflect Update the evacuation map to reflect the Evacuation plan has been updated. 33 and Health Preparedness the actual layout of the floor in layout of the floor and mark the arrows to Evidence has been shared. building 3. In addition, the evacuation show the emergency routes. arrow does not lead to emergency exit. May-23 Occupational Safety Emergency Unidentified fire extinguishers found The factory should assign a person or 33 and Health Preparedness in building 3 persons to verify all fire extinguishers on a monthly basis, to make sure that they are properly identified, and with sufficient charge. May-23 Occupational Safety Health Services and First Insufficient number of workers trained The factory should provide first aid Factory has train new workers on 33 and Health Aid in first aid training to at least 10% of workforce as September and October, evidence recommended. has been sent May-23 Occupational Safety Health Services and First Insufficient number of medical Staff. The factory needs to increase the number The factory has its onsite medical 33 and Health Aid of nurses and add 1 medical visit at least 3 facility and staff. Evidence has been times per week. shared. There is only one nurse. May-23 Occupational Safety Health Services and First No evidence of medical checks for The factory must include in its policy to A medical report and a list of 33 and Health Aid workers exposed to work-related provide medical checks twice a year for workers who received the tests was hazards workers who are exposed to work related sent by the factory. However further hazards or chemical products. The factory investigation is needed to verify if can also request such medical checks from the workers received the test. OFTAMA when they are contributing to OFATMA maternity and health insurance and pay regularly. May-23 Occupational Safety Welfare Facilities The employer does not have its own and Health eating area, instead workers use the communal eating areas shared with other factories within CODEVI (industrial park); however, according to assessors’ observation, those eating areas do not have the capacity to accommodate all workers even if the factories have different lunch schedules to decrease agglomeration of workers. [page 303] May-23 Occupational Safety Welfare Facilities The water test is not conducted on a The factory should establish a policy to The water test was conducted on. 33 and Health monthly basis by a certified test the drinking water on a monthly basis. Factory will continue with monthly laboratory. They should conduct the water test on a basis by a certified laboratory. monthly basic. Water samples should be gathered at the exit source. May-23 Occupational Safety Welfare Facilities Insufficient number of toilets. The factory should discuss with the park's 33 and Health administration to see how they can increase the number of toilets for women. May-23 Occupational Safety Welfare Facilities Assessors noticed that soap was not The factory should designate a person or The factory took measures to always 2 and Health available during the assessment visit persons to regularly check the bathroom have soap in stock. They have a in men toilets of building 3. for cleanliness and to make sure that person who is responsible to verify supplies are always available for the the toilets periodically. workers. May-23 Occupational Safety Working Environment Workplace temperature exceed the The factory should ensure that the 33 and Health recommended limit of 30C temperature level is maintained below at of below 30C. Cooling systems or extractors can be installed as needed. May-23 Occupational Safety Worker Protection Unidentified circuit breakers found in Circuit breakers should be inspected 2 and Health building 3. regularly to make sure that they are properly identify and maintained. May-23 Occupational Safety Chemnicals and The employer did not take any action The employer should take actions to limit 33 and Health Hazardous Substances to limit the exposure of employees to the exposure of employees to chemical chemical vapors. vapors. The spot cleaning area should be isolated or extractors should be installed. May-23 Occupational Safety Chemicals and No MSDS' were available for several Have MSDS in all places where chemical Issue was addressed. MSDS and 33 and Health Hazardous Substances chemical products used in the and hazardous products are used and label has been added to al chemical workplace. stored. products. Evidence has been shared. May-23 Occupational Safety Chemnicals and Unlabeled containers of chemical and The factory should a dedicated a person or 33 and Health Hazardous Substances hazardous products found in several persons to be responsible to keep, update areas of the workspace. and manage their the chemical inventory. The person should keep track of the chemical containers to ensure that they are properly labelled. [page 304] May-23 Occupational Safety Chemicals and The chemical inventory does not list The factory should a dedicated person to Chemical inventory is now accurate 33 and Health Hazardous Substances all the products used in the be responsible to keep and update the and updated. Verification done workplace. chemical inventory system. A every week to keep accuracy. computerized system can be established Evidence has been shared. to ensure that the chemical inventory is updated daily. May-23 Freedom of Collective Bargaining Several articles of the labor code are The unions should work with CODEVI to 2 Association not implemented. review the collective bargaining agreement and to work on an implementation plan for the articles that are not currently being implemented. May-23 Compensation Social Security and Other The factory is not registered with he factory needs to register for OFATMA 33 Benefits OFATMA for maternity and health maternity and health insurance as required insurance. The employer does not pay by law. The factory need to contribute 3% 3% of workers’ basic salary to of workers basic/ average daily salary to OFATMA. OFATMA. Contributions should be submitted monthly, with the first 10 working of the current month, for the previous month's payment. May-23 The employer collects and forward ONA payment should be made on time, 33 workers’ contribution to ONA late. within the first 10 working days of the current month for the previous month's payment. Worker's and employer's contributions should be calculated on the basic/ average daily salary which includes all earnings except for overtime payments. If there is an agreement for partial payments. the factory should keep a copy of the agreement. May-23 Compensation Social Security and Other The factory is not registered with The factory needs to register for OFATMA 14 Benefits OFATMA for maternity and health maternity and health insurance as required insurance. The factory does not by law. The factory need to contribute 3% collect and forward the workers” of workers basic/ average daily salary to contribution to OFATMA. OFATMA. Contributions should be submitted monthly, with the first 10 working of the current month, for the nraviniie manth'e naumant [page 305] May-23 Compensation Social Security and Other The employer does not forward ONA payment should be made on time, 33 Benefits employer's contribution to ONA on within the first 10 working days of the time. current month for the previous month's payment. Worker's and employer's contributions should be calculated on the basic/ average daily salary which includes all earnings except for overtime payments. If there is an agreement for partial payments. the factory should keep a copy of the agreement. May-23 Compensation Social Security and Other Workers’ pay slip for the last 3 The factory needs to register for OFATMA 33 Benefits months are not sent to OFATMA for maternity and health insurance, make the payment of sick and maternity leave. payments regularly as required by law. Once the factory is duly registered, they can send the worker's pay slip to OFATMA so OFATMA can make the required payment for sick leave and maternity leave. May-23 Compensation Social Security and Other The factory is affiliated with OFATMA The factory needs to pay OFATMA for 33 Benefits for work related accident and the work related accident on time, including factory has not completed the the CDS payment. If there is an agreement payment for the fiscal year 2021- with OFATMA, the factory should keep a 2022. copy of the written agreement and adhere to the payment conditions. May-23 Compensation Paid Leave The lunch breaks is not compensated Pay the lunch break The Lunch break payment is no 33 in the payroll. longer required. The June 13th decree suspended the 3*8 law. May-23 Compensation Paid Leave The factory only paid 6 weeks of Tee factory needs to register all workers for 33 maternity leave where workers are OFATMA Maternity and health insurance entitled to 12 weeks of payment. and pay regularly. For pregnant workers, the factory needs to send their last pay slip to OFATMA, so OFATMA can pay them for 12 weeks of maternity leave as mandated by law. Assessment June 2022 Jun-22 Compensation Paid Leave The calculation of annual leave Pay the lunch break and include it in the 21 payments does not include the lunch calculation of annual leave payments. break payment. [page 306] Jun-22 Compensation Paid Leave The calculation of sick leave Pay the lunch break and include it in the 21 payments does not include the lunch calculation of sick leave payments. break payment. Jun-22 Compensation Paid Leave The calculation of maternity leave Pay the lunch break and include it in the 21 payments does not include the lunch calculation of maternity leave payments. break payment. Jun-22 Compensation Paid Leave The lunch break is not compensated Comply with the 3*8 law and pay the 21 in the payroll. lunch break. Jun-22 Compensation Social Security and Other The factory has not completed the Factory must pay the lunch break and Management said that they are 21 Benefits payment for OFATMA work related include it in the calculation of the average contesting the amount on the accident for the fiscal year 2021-2022. daily salary and send the salary statement invoice. to OFATMA. Jun-22 Compensation Social Security and Other The calculation for annual salary Pay the lunch break and include it in the 21 Benefits supplement or bonus payment does calculation of annual salary supplement or not include the lunch break payment. bonus. Jun-22 Compensation Social Security and Other Workers’ pay slip for the last 3 Send worker's pay slips to OFATMA for the The factory makes the payments 21 Benefits months are not sent to OFATMA for last three months, for the calculation of and pay 6 weeks of maternity payment of sick and maternity leave. sick leave and maternity leave payments. leaves. Jun-22 Compensation Social Security and Other Workers’ and employer's contribution Workers’ and employer's contribution to 21 Benefits to ONA is calculated on the minimum ONA must be calculated on the average wage and does not include the lunch daily earnings and must include the lunch break payment. break payment. Jun-22 Compensation Social Security and Other The factory only pays the employer's Workers’ and employer's contribution to Management explained that there is 6 Benefits portion of the contribution to OFATMA must be calculated on the an agreement between the OFATMA for maternity and health average daily earnings and must include administration of CODEVI and insurance. the lunch break payment. 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. Jun-22 Contracts and Human Employment Contracts The internal work rules are less Lunch break payment must be included in Management is discussing the legal 21 Resources favorable than the labor law because the internal work rules. requirements with CODEVI it does not provide the payment of administration. the lunch break. [page 307] Jun-22 Contracts and Human Termination The calculation of the payment for Pay the lunch break and include it in the The factory management stated 21 Resources the applicable notice period does not calculation for the applicable notice they will contact CODEVI include the lunch break payment. period. administration for follow up. Jun-22 Contracts and Human Termination The calculation for unused paid Pay the lunch break and include it in the The factory management stated 21 Resources annual leave Upon termination does calculation of average daily earnings. they will contact CODEVI not include the lunch break payment. administration for follow up. Jun-22 Contracts and Human Termination The calculation for workers their Pay the lunch break and include it in the The factory management stated 21 Resources annual salary supplement upon calculation of average daily earnings. they will contact CODEVI termination does not include the administration for follow up. lunch break payment. Jun-22 Occupational Safety OSH Management The factory did not conduct a general Conduct a general OSH assessment on a General OSH assessment monthly 21 and Health Systems OSH assessment monthly. monthly basis. has been done. Excel format used for the last one has been shared. Jun-22 Occupational Safety OSH Management The factory did not share any list of Establish an OSH bipartite committee, OSH committee has been created. 21 and Health Systems health committee members and conduct regular meeting and keep First meeting has been done on meeting minutes for the last 12 minutes of meetings. November 11; Evidence has been months. shared. Jun-22 Occupational Safety OSH Management The factory does not have a system Work related accident must be recorded Correction has been made. Factory 21 and Health Systems to record accidents on a regular basis and sent to OFATMA on a monthly basis. has shared evidence for August, and send them to OFATMA monthly. September and October. System is now in place Jun-22 Occupational Safety OSH Management The factory did not provide any Request a structural safety certificate from 21 and Health Systems structural safety certificate. CODEVI administration. Jun-22 Occupational Safety Chemicals and The inventory of chemical and Develop an inventory management Chemical inventory is now accurate 21 and Health Hazardous Substances hazardous product was not accurate system and update the inventory on a and updated. Verification done and updated regular basis. every week to keep accuracy. Evidence has been shared. Jun-22 Occupational Safety Chemicals and Unlabeled containers of chemical and Label all chemical and hazardous All the containers have been 21 and Health Hazardous Substances hazardous products found in several materials. labelled. Follow up is done with the areas of the workspace. worker to not used unlabeled containers. Jun-22 Occupational Safety Chemnicals and The assessors noticed that chemicals Ensure that the storage area for chemical Correction has been made. The 21 and Health Hazardous Substances storage areas are not adequately product is isolated and properly ventilated. chemicals storage areas have been ventilated. Place eye wash station where chemical adequately ventilated. Evidence has products are used and stored been shared [page 308] Jun-22 Occupational Safety Chemicals and MSDS's were not available for all Keep MSDS for all chemical and hazardous Issue was addressed. MSDS and 21 and Health Hazardous Substances chemical and hazardous products products used in the workplace. label has been added to al chemical used in the workplace. products. Evidence has been shared. Jun-22 Occupational Safety Chemicals and The employer did not take any action The spot cleaning area should be isolated 21 and Health Hazardous Substances to limit the exposure of employees to and should be properly ventilated. Add chemical vapors. extractors to machines as necessary. Jun-22 Occupational Safety Chemicals and Training has not been provided to Train all workers that are using chemical Training has been done for workers 6 and Health Hazardous Substances workers were using chemical and and hazardous substances. were using chemical and hazardous hazardous substances. substances. Jun-22 Occupational Safety Chemnicals and An eye wash station was not available Install eye wash stations in all areas where Correction has been made and 6 and Health Hazardous Substances where chemicals are used and stored. chemical and hazardous products are evidence has been shared. Eye wash used. station available where chemicals are used Jun-22 Occupational Safety Worker Protection During the assessment visit no Train all workers on PPE. Factory has planned some training 21 and Health evidence of training was available. for the workers. One about chemical product is already done. Evidence has been shared. Jun-22 Occupational Safety Worker Protection The factory did not check the body Check workers body temperature and 6 and Health temperature of all workers as well as keep a record for those who present a visitors’. temperature level above 38 degrees. Jun-22 Occupational Safety Working Environment Temperature level is not acceptable. Install a cooling system or fan to keep the 21 and Health temperature level at or below 30 degrees. Jun-22 Occupational Safety Working Environment Insufficient light levels in several Increase the light level in all sections of the 21 and Health section of the workspace. workspace Jun-22 Occupational Safety Welfare Facilities Insufficient number of toilets. Ensure that the factory has sufficient 21 and Health number of toilets as required by the labor code. Jun-22 Occupational Safety Welfare Facilities Water test is not conducted on a Water test must be conducted from the The water test was conducted on 21 and Health monthly basis by a certified exit point on a monthly basis. Factory will continue with monthly laboratory. basis by a certified laboratory. Jun-22 Occupational Safety Welfare Facilities The eating areas do not have the Talk to the park administration to increase 21 and Health capacity to accommodate all workers. the capacity of the eating areas. [page 309] Jun-22 Occupational Safety Health Services and First Workers did not receive the medical Request the health card from OFATMA. 21 and Health Aid checks within the first 3 months of Request the medical checks for all new hiring and they do not have a health workers. card. Jun-22 Occupational Safety Health Services and First No evidence of medical checks for Provide a medical check twice a year, to 21 and Health Aid workers exposed to work-related workers who are exposed to chemical and hazards were present in worker's files. hazardous products. Jun-22 Occupational Safety Health Services and First No evidence of annual medical Request an annual medical check for all 21 and Health Aid checks were present in worker's files. workers. Jun-22 Occupational Safety Health Services and First Insufficient medical staff as required Hire the proper amount of nurses and The factory has his onsite medical 21 and Health Aid by art. 478 and 479 of the labor code. doctors. facility and staff. Evidence has been shared. Jun-22 Occupational Safety Health Services and First Expired products found in several first Keep a checklist for first aid boxes. Review all first aid boxes have been 6 and Health Aid aid boxes. regularly and remove expired products. actualized and completed. Evidence has been shared. Jun-22 Occupational Safety Health Services and First Less than 10% of the workforce is Train at least 10% of the workforce in first Factory has train new workers on and Health Aid trained in first aid, as recommended aid. September and October, evidence by Better Work. has been sent Jun-22 Occupational Safety Emergency The factory did not share a fire Maintenance for all fire extinguishers must The factory sent monthly report 21 and Health Preparedness fighting maintenance report be done by a certified company every conducted by their team. A certified conducted by a certified company. year. company has conducted an evaluation for this year and evidence has been shared. Jun-22 Occupational Safety Emergency The evacuation plan did not reflect Update the evacuation plan to reflect the Evacuation plan has been updated. 21 and Health Preparedness the actual layout of the factory floor. layout of the floor. Post evacuation plan Evidence has been shared. where necessary. Jun-22 Occupational Safety Emergency Obstructed aisles and evacuation Aisles should remain clear of obstructions. All the aisles in building 1, the 21 and Health Preparedness routes. evacuation route in the fabric warehouse of building 2, have been cleared. Jun-22 Occupational Safety Emergency Fire drill are not conducted every six Conduct regular fire drills. Factory has plan to do the fire drill 21 and Health Preparedness months, as recommended by Better every 6 months. The last one was on Work. December 9. Evidence has been shared. Jun-22 Occupational Safety Emergency Less than 10 percent of workers were Train at least 10% of the workers in fire Factory has done 2 sessions of 21 and Health Preparedness trained in fire-fighting equipment. fighting, training on September 28 and 29, and evidence has been sent. [page 310] Jun-22 Working Time Regular Hours The regular working hours exceed the Regular work hours are 48 hours per week. 21 legal limit. Jun-22 Working Time Leave Pregnant workers do not go on leave Pregnant workers should receive 6 weeks 21 6 weeks before giving birth. of leave prior to giving birth and 6 weeks after, for a total of 12 weeks. Jun-22 Contracts and Human Employment Contracts The factory's disciplinary and The factory's disciplinary and termination 21 Resources termination procedures does not procedures does not include all the include all the necessary steps. necessary steps. Jun-22 Occupational Safety OSH Management Management has not assigned Ensure effective functioning of the OSH OSH Committee has been created 6 and Health Systems accountability at the level of committee Training has been done for the management and OSH committee for Define authority for OSH officer and top members carrying out Health and Safety management to perform OSH responsibilities. responsibilities Appoint an OSH officer with sufficient exnertise Jun-22 Occupational Safety OSH Management The factory does not adequately the employer needs to : 21 and Health Systems communicate and implement OSH - Train all joint OSH committee members. policies and procedures. - Post policies and work instructions around the workplace. - Post the names of OSH committee members. Jun-22 Occupational Safety OSH Management The employer does not properly The employer should investigate, monitor 21 and Health Systems investigate, monitor and measure and measure OSH issues through OSH issues. - Regular test, survey and inspections - Logging and analysis of violations of procedures - Regular management review of effectiveness of management system including performance on measurable objectives and targets - Follow-up on accident investigations that leads to a change in procedures/practices where required Jun-22 Occupational Safety OSH Management The employer does not have the The accident investigation procedure Factory is reviewing the accident 21 and Health Systems proper accident investigation should includes: investigation procedure to include: procedure. -Root cause analysis -Root cause analysis -Focus on sustainable solutions -Focus on sustainable solutions -Implementation of changes in order to -Implementation of changes in avoid reoccurrence order to avoid reoccurrence [page 311] Jun-22 Occupational Safety OSH Management The factory does not have the proper The emergency preparedness procedure Factory is working on the emergency 21 and Health Systems emergency preparedness procedure. must includes: preparedness procedure to include: Reporting fires and other emergencies Reporting fires and other Alerting all employees to evacuate emergencies Alerting all employees Evacuating employees to designated to evacuate Evacuating employees assembly location to designated assembly location Accounting for all employees after an Accounting for all employees after evacuation an evacuation Jun-22 Occupational Safety OSH Management The factory does not have a hazard The hazard and risk procedure should Factory in working on the procedure 21 and Health Systems and risk procedure that includes all includes: to include: the necessary steps. - À systematic approach to identifying - À systematic approach to hazards identifying hazards - À structure to prioritize risks based on - À structure to prioritize risks based potential impact and likelihood on potential impact and likelihood - A hierarchy of controls that is used to - À hierarchy of controls that is used select effective controls to select effective controls - A risk register that drives the - A risk register that drives the implementation of controls implementation of controls [page 312] BETTER WORK HAITI - 26TH SYNTHESIS REPORT Factory: Top Choice Apparel Corp Location: Ouanaminthe Number of workers: 1,653 Date of registration Jan-20 Date of last two Better Jun-22 May-23 Work assessments: Advisory and Training Services 19-Apr-23 Training Chemical Management System 19-Apr-23 Training Respectful Workplace Program 19-Apr-23 Advisory meeting Advisory Visit to conduct an OSH tour of the factory and to conduct training on chemical management for members of the OSH committee. 19-Apr-23 Training GBVH Cluster training T-Apr-23 Training PNC & Management System 14-Mar-23 Bipartite Committee Advisory visit to Meet the OSH/Bipartite committee in Building 3. 14-Mar-23 Advisory Visit Advisory visit to Meet the OSH/Bipartite committee in Building 3 Meet with Union Members in Building 3 Review improvement plan Discuss PRI 3-Feb-23 Advisory Visit Advisory Visit to conduct Factory Tour Review improvement plan Discuss training plan Interview with union leader 17-Nov-22 Advisory meeting 1.-Meeting to do Interview with HR about FOA case 2.- Advisory meeting to review improvement plan 29-Aug-22 Training BWH-TNG HIV/AIDS 31-May-22 Training Virtual Financial Literacy. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment May 2023 May-23 Occupational Safety and OSH Management Systems No. The factory has an OSH policy Management needs to discuss the OSH policy 28 Health that is not signed by top with workers, have their input and then sign it. management. In addition, the policy is The sign policy should also be posted on the written in Spanish. floor. May-23 Occupational Safety and OSH Management Systems No structural safety certificate, The factory needs to request the certificate from 28 Health certifying the structure of the building the CODEVI administration. meets the safety requirements for an industrial structure [page 313] May-23 Occupational Safety and OSH Management Systems The factory does not record work The factory needs to record all work related 28 Health related accidents on a monthly basis accidents and submit them to OFATMA on a and does not submit them to monthly basis. OFATMA. May-23 Occupational Safety and OSH Management Systems The employer does not properly Them employer need to do the following; 28 Health investigate, monitor and measures -Log and analyze of violations of procedures; OSH 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 May-23 Occupational Safety and OSH Management Systems Management has not posted the Post the names and pictures of committee 2 Health name of OSH committee members in members. the workspace. May-23 Contracts and Human Employment Contracts No. The factory does not have an The factory need to review its recruitment 28 Resources appropriate recruitment procedure. procedure to includes:- Hiring criteria that are applied equally to all job applicants- Verifying the age of workers prior to hiring- Ensuring compliance with legal requirements for workers under age 18- Ensuring that workers retain ID documents. May-23 Contracts and Human Employment Contracts The factory does not a have The factory should develop a disciplinary and 28 Resources disciplinary and termination termination procedures that includes a clear procedure. specification of unacceptable behaviors or performance, a step-by-step warning system and procedures related to legal notice periods and termination payments. The time frame between warnings. The right to defend oneself prior to termination and to representation during the disciplinary process. May-23 Contracts and Human Employment Contracts The factory does not has an The grievance handling and dispute resolution 28 Resources appropriate grievance handling and procedures should includes dispute resolution procedures. Clear options for submitting grievances and disputes that ensure anonymity and non- retaliation, communication of changes made or resolution, fair review and appeal process. [page 314] May-23 Contracts and Human Employment Contracts The employer does not properly The factory needs to develop a procedure to 28 Resources investigate violations of HR policies investigate violations of HR policies and and procedures. procedures, identify weaknesses and make necessary adjustments to prevent recurrence. The procedure should include how such investigation will proceed and who will be responsible to perform the investigation. May-23 Contracts and Human Employment Contracts The factory does not have internal The internal work rules should me submitted to 28 Resources work rules approved by the Ministry of OFATMA for Approval. Internal work rules should Labor. Management had no comment. be in French or Creole. Once approved, it should be share with workers or posted on the floor. May-23 Contracts and Human Employment Contracts The employer does not adequately The employer needs to review its HR policies 28 Resources communicate and implement HR that include: Induction training policies. for workers and staff, Staff training on how to carry out policies and procedures; Policies and internal regulations posted in the factory; Worker representatives and/or worker-management committees. May-23 Contracts and Human Employment Contracts The HR policy that defines Translate the document from Spanish to French 28 Resources accountability and responsibility for or Creole. Update reporting lines and job duties. HR issues to HR staff is in Spanish May-23 Contracts and Human Employment Contracts The factory does not have an HR The factory should develop an HR policy that is 28 Resources policy that is signed by top signed by top management which includes: management and includes all the Mandatory minimum age requirements Non- necessary elements. utilization of child labor Equal treatment and non-discrimination Prevention of sexual harassment Legal requirements in relation to termination Freedom of association Working hours and compensation. May-23 Freedom of Association Collective Bargaining The employer failed to implement the The unions, factory management and CODEVI 2 and Collective Bargaining following provisions od the CBA administration should meet to discuss a plan to implement all the articles in the CBA. May-23 Contracts and Human Contracting Procedures A review of worker contracts revealed The contracts for apprentice should be 2 Resources that the apprentice contracts were not submitted to MAST for Approval. approved as legally mandated. May-23 Working Time Leave Employer provides less than 12 weeks Provide pregnant women with 12 weeks of 28 of maternity leave to pregnant maternity leave as mandated by law. workers. [page 315] May-23 Working Time Regular Hours The regular working hours are exceed The June 13 decree puts the 3*8 law on pause. 28 the legal limit. The factory has a CBA which allows it to work a regular day of 9h plus the lunch break. May-23 Occupational Safety and Emergency Preparedness less than 10 percent of workers were Schedule training to cover at least 10% of the 28 Health trained in fire-fighting equipment workforce May-23 Occupational Safety and Emergency Preparedness Fire drills are not conducted on twice a Conduct a fire drill every six months. 28 Health year as recommended by Better Work. May-23 Occupational Safety and Emergency Preparedness Obstructed aisles in several areas of They need to organize the factory floor properly 2 Health the building to ensure that aisles remain unobstructed May-23 Occupational Safety and Emergency Preparedness The evacuation plan does not reflect The factory needs to paint the escape routes on 28 Health the layout of the floor. Evacuation the floor, prepare the evacuation plan and post it routes need to be marked. The on the factory floor. Install emergency lights in emergency exit doors are missingthe the emergency exits. emergency light. May-23 Occupational Safety and Emergency Preparedness Improper Maintenance of fire Inspect the fire extinguishers regularly and place 28 Health extinguisher. the proper inspection tag. May-23 Occupational Safety and Emergency Preparedness There is no alarm install in building 2. Install an alarm system and smoke detectors in 18 Health the building. May-23 Occupational Safety and Health Services and First Aid The total number of workers trained in The factory needs to provide training to at least 28 Health first aid is less than 10 percent ofthe 10% of the workers. The should develop a workforce as recommended by Better training plan to provide the training gradually Work until they reach or exceed 10% of the workforce. May-23 Occupational Safety and Health Services and First Aid The assessors did not notice any first The factory needs install first aid boxes, as 2 Health aid box on the floor of the building appropriate, implement a system to make sure Top Choice 2. that first aid boxes are checked regularly. Make sure to have a product checklist posted on or near the first aid boxes to ensure that all the medical item are available at all times. May-23 Occupational Safety and Health Services and First Aid The factory does not have onsite Management needs to discuss their needs Management expressed that workers 28 Health medical facilities and staff as required CODEVI administration. have access to use the medical facilities by art. 478 and 479 of the labor code. of the industrial park May-23 Occupational Safety and Health Services and First Aid No evidence of annual medical checks The factory should pay OFATMA on time and 28 Health were present in workers files. include the payment of the CDS. The factory should request that OFATMA performs the medical exam and provide the health card to the workers. [page 316] May-23 Occupational Safety and Health Services and First Aid No evidence of medical checks for The factory should pay OFATMA on time and 28 Health workers exposed to work-related include the payment of the CDS. The factory hazards were present in workers files. should request that OFATMA performs the medical exam and provide the health card to the workers May-23 Occupational Safety and Health Services and First Aid Worker interviews across the factory The factory should pay OFATMA on time and 28 Health confirmed they did not receive the include the payment of the CDS. The factory health cards within the first 3 months should request that OFATMA performs the of hiring. medical exam and provide the health card to the workers. May-23 Occupational Safety and Welfare Facilities The employer does not have its own The factory needs to discuss with CODEVI 28 Health eating area, instead workers use the administration to find additional spaces to communal eating areas shared with accommodate the workers during lunch other factories within CODEVI industrial park) May-23 Occupational Safety and Welfare Facilities Insufficient number of toilets. The factory need to discuss with the 28 Health administration of CODEVI to finds ways to increase the number of toilets. May-23 Occupational Safety and Working Environment The assessors noticed that the The factory need to have a system where the 2 Health packing area was not clean and tidy. factory floor is cleaned on a regular basis. May-23 Occupational Safety and Working Environment Insufficient light level in several areas The factory needs to ensure that the light level is 2 Health of the workspace. appropriate in all sections of the factory floor. May-23 Occupational Safety and Worker Protection Improper maintenance of machinery. The factory needs to make sure that all 28 Health machines have the proper guards for worker protection. They should train the workers in the proper use of the guards and implement à system to ensure that workers use them May-23 Occupational Safety and Worker Protection The employer does not provide all the Provide appropriate PPE to all workers. 18 Health necessary PPE to all workers. Implement a system to ensure that PPE are used when necessary. May-23 Occupational Safety and Chemicals and Hazardous No eye wash station has been Install an eye wash facility in the compressor Management they are training a new 2 Health Substances installed where chemicals are used room of the second building Top Choice 2 compliance officer to check and report and stored these issues. May-23 Occupational Safety and Chemicals and Hazardous The vacuum machine observed in the Make sure that the vacuum machine is 2 Health Substances spot cleaning of the building Top functioning to prevent worker exposure to Choice 1, is not working. chemical products. [page 317] May-23 Occupational Safety and Chemicals and Hazardous MSDS's are missing for several Define who is responsible to acquire and keep 28 Health Substances chemical and hazardous products. the MSDS for all products. Keep MDSD in all area where products are being used. Keep a separate folder with all the MSDS in the office. Ensure that users of chemical product are aware and have read the MSDS so they can be knowledgeable about the products. May-23 Occupational Safety and Chemicals and Hazardous Unlabeled containers of chemical and The factory should assign a person to be in 28 Health Substances hazardous substances found in the charge of the inventory; ensure that all product workspace. are properly labelled. May-23 Occupational Safety and Chemicals and Hazardous Inaccurate inventory of chemical and The factory should review its inventory 28 Health Substances hazardous substances. management system to include quantity received, quantity delivered, actual quantity and the location where chemicals are stored in all building. They should assign a person to keep track of the inventory. May-23 Contracts and Human Termination The calculation of the average salary Pay the lunch break. The June 13 decree suspends the 3*8 law. 28 Resources for the payment of the annual salary The lunch break payment is no longer supplement upon termination does required. not include the lunch break payment. May-23 Contracts and Human Termination The calculation of the average salary Pay the lunch break. The June 13 decree suspends the 3*8 law. 28 Resources for the payment of the unused paid The lunch break payment is no longer annual leave upon termination does required. not include the lunch break payment. May-23 Contracts and Human Termination The calculation of the average salary Pay the lunch break. The June 13 decree suspends the 3*8 law. 28 Resources for the payment of the applicable The lunch break payment is no longer notice period does not include the required. lunch break payment. May-23 Compensation Social Security and Other The employer does not pay the The factory needs to submit employer's The June 13 decree suspends the 3*8 law. 28 Benefits required employer contributions to contributions to ONA within the first 10 working The lunch break payment is no longer ONA. days of the following month for the previous required month's payment. Calculate deductions based on average daily salary (BASIC SALARY). Exclude overtime payment in the calculation. May-23 Compensation Social Security and Other The factory is not register for OFATMA The factory needs to register all workers for 28 Benefits maternity and health insurance. OFATMA maternity and health insurance May-23 Compensation Social Security and Other Benefits [page 318] May-23 Compensation Social Security and Other The employer collects but does not The factory needs to submit payment to ONA Benefits forward workers’ to ONA on time. within the first 10 working days of the following month for the previous month's payment. Calculate deductions based on average daily salary (BASIC SALARY). Exclude overtime payment in the calculation. May-23 Compensation Social Security and Other Workers’ pay slips for the last 3 Factory needs to register for OFATMA and make 28 Benefits months are not sent to OFATMA for the necessary contributions regularly. payment of sick and maternity leave. May-23 Compensation Social Security and Other The calculation of the average salary Pay the lunch break The June 13 decree suspends the 3*8 law. 28 Benefits for the annual salary supplement does The lunch break payment is no longer not include the lunch break payment. required. May-23 Compensation Social Security and Other The factory is affiliated with OFATMA The factory needs to pay OFATAMA for work 28 Benefits for work related accident and the related accident insurance on time. Should they factory has not completed the have an agreement with OFATMA for partial payment for the fiscal year 2022- payment, they should have a copy ofthe 2023. agreement and make payments as requested. May-23 Compensation Paid Leave Sick leave payments are not based on Pay the lunch break and include all earning in The calculation of the average daily salary 28 average daily earnings. Furthermore, the calculation of the average daily salary. must include all earnings, except the the calculation does not include the lunch break payment, which is no longer lunch break payment. required. Overtime does not need to be included. May-23 Compensation Paid Leave The lunch breaks is not compensated Pay the lunch break. The 3*8 Law stated that the lunch break 28 in the payroll is an integral part of the eight-hour day and should be compensated. The June 13 decree suspends the 3*8 law, the payment of the lunch break is no longer required May-23 Compensation Paid Leave The factory compensated workers for The factory needs register all workers with The calculation of the average daily salary 28 6 weeks of maternity leave. In OFATMA for maternity and health insurance, must include all earnings, except the addition, the calculation does not deduct the proper amount and submit it to lunch break payment, which is no longer include the lunch break payment. OFATMA on a monthly basis. For pregnant required. Overtime does not need to be workers, the factory should send their last pay included. slips to OFATMA for their maternity leave payments. May-23 Compensation Paid Leave The calculation of the average salary Pay the lunch break The June 13 decree suspends the 3*8 law 28 for the annual leave payment does not The lunch break payment is no longer include the lunch break payment. required Assessment June 2022 Jun-22 Working Time Leave Employer provides less than 12 weeks The factory needs to register for OFATMA 16 of maternity leave to pregnant maternity and health insurance and provide workers. workers with twelve weeks of maternity leave. [page 319] Jun-22 Working Time Regular Hours Regular hours exceed the legal limit. Factory must revised its regular hours so it can 16 comply with the legal limit of 48 hours per week. Jun-22 Occupational Safety and Emergency Preparedness One Fire extinguisher was not Fire extinguishers should be identified and be Correction has been made. Evidence was 6 Health accessible in the spot cleaning. Several accessible at all time. shared. fire extinguishers were not identified in the packing section. Jun-22 Occupational Safety and Emergency Preparedness The last fire drill was conducted on The factory must perform a fire drill once every 1.- Last fire drill has been done on 16 Health February 2022, and the one before six months. February 22, 2022 that on March 2021. Jun-22 Occupational Safety and Emergency Preparedness The assessors observed rechargeable Sources of ignition must be safeguarded. Train Factory has taken measure to prevent 6 Health light bulbs wrap with fabric in packing workers to recognize risk and dangers related to workers to put light bulbs in charge. section which represents a fire sources of ignitions Information is posted on the floor. hazards. Evidence has been shared. Jun-22 Occupational Safety and Emergency Preparedness The evacuation plan does not reflect Update and post the evacuation plan on the Evacuation plan has been updated and 6 Health the layout of the floor. floor. Repaint the floor to indicate evacuation the evacuation routes clearly marked. routes. Evidence has been sent. Jun-22 Occupational Safety and Emergency Preparedness the factory has an alarm system. Install Smoke detector Smoke detector in the packing area was 6 Health However, there was no smoke added. Evidence has been sent. detector in the packing area. Jun-22 Occupational Safety and Health Services and First Aid Unidentified container of product All first aid products must be properly stored 6 Health found in first aid box and alcohol that andidentified. was stored in soda container. Jun-22 Occupational Safety and Health Services and First Aid No evidence of annual medical checks The factory must provide health checks to all 16 Health were present in worker's files. workers on a yearly basis. Jun-22 Occupational Safety and Health Services and First Aid The factory does not have onsite Factory operate at night also. The factory must Management expressed that workers 16 Health medical facilities and staff as required have medical staff onsite for all shift. have access to use the medical facilities by art. 478 and 479 of the labor code. of the industrial park. Jun-22 Occupational Safety and Health Services and First Aid No evidence of medical checks for The factory must provide health checks twice a Medical checks for workers exposed to 16 Health workers exposed to work-related year to all workers exposed to chemical work-related hazards were performed by hazards were present in workers’ files. products. the CODEVI medical staff. Jun-22 Occupational Safety and Health Services and First Aid Workers were not provided a free The factory must ensure that medical checks are 16 Health medical check within the first 3 provided to all workers within the first three months of hiring and they did not months of employment. receive the health cards within the first 3 months of hiring. [page 320] Jun-22 Occupational Safety and Welfare Facilities The employer does not have its own The factory must work with the park in order to 16 Health eating area, instead workers use the have enough space in the eating area. communal eating areas shared with other factories within CODEVI. Jun-22 Occupational Safety and Welfare Facilities Drinking water has not been tested by The factory need to ensure that the drinking 16 Health a certified laboratory on a monthly water is tested on a monthly basis basis. Jun-22 Occupational Safety and Welfare Facilities Insufficient number of toilets The factory needs to increase the number of 16 Health toilets in the workplace. Jun-22 Occupational Safety and Worker Protection The factory does not keep a registry They factory must keep a register for workers 16 Health for all persons who present a with a temperature of 38c and above. temperature of 38C and above. Jun-22 Occupational Safety and Worker Protection Several sewing machines were missing Install the proper guards on all sewing machines. Management say that they are aware of 16 Health finger guards, eye guards, belt guards the problem and that they constantly and pulley guards. fixing the guards but the workers are removing them Jun-22 Occupational Safety and Worker Protection The assessors observed several chairs Provide ergonomic chairs to all workers. Chairs with backrest has been bought to 6 Health without backrest in sewing floor and replace those without backrest. Evidence several others in very poor conditions. has been sent Jun-22 Occupational Safety and Worker Protection The employer has provided proper The factory must provide the proper PPE to all All the PPE were provided to the workers. 6 Health PPE to all workers. workers: - Training has been done for them. Mask against chemical vapor for workers working _ Evidence has been shared. in the spot cleaning area. = Support belt for workers doing heavy lifting work. Jun-22 Occupational Safety and Chemicals and Hazardous Eye wash station has not been The factory must install eye wash stations in all Management said they will address this 16 Health Substances installed in all areas where chemicals locations where chemical products are being issue shortly. are used and stored. used. Jun-22 Occupational Safety and Chemicals and Hazardous Training was not provided to workers’ Provide training to all workers who have access Management said that the CODEVI 16 Health Substances using chemical and hazardous to chemical and hazardous substances. training on managing chemicals was substances. postponed to July 2022. Jun-22 Occupational Safety and Chemicals and Hazardous The spot cleaning area does not have The factory needs to ensure that the Spot 16 Health Substances proper conditions to prevent Cleaning area is isolated form the general unnecessary exposure of workers to population. They must provide the proper PPE chemicals. to workers using chemical products. Extractors must function properly. Limit worker's access to the spot cleaning area [page 321] Jun-22 Occupational Safety and Chemicals and Hazardous chemical safety data sheets are not The factory must ensure that all chemical 16 Health Substances available for all products used in the product in the workplace have the MSDS posted workspace. where they are being used. ALL MSDS must be in French or Creole. Jun-22 Occupational Safety and Chernicals and Hazardous The storage area is not adequately The factory must keep chemical products in a 16 Health Substances ventilated and all chemicals were storage area that is properly ventilated stored together. Jun-22 Occupational Safety and Chemicals and Hazardous Unlabeled containers of sewing oil and Tee factory must ensure all chemical product 16 Health Substances 1 container of blow out in the containers are properly labelled. Mechanic area. Jun-22 Occupational Safety and Chemicals and Hazardous The factory does not keep a proper The factory needs to develop an inventory 16 Health Substances inventory of all chemical and management system and keep track of all hazardous substances used in the product location. workplace. Jun-22 Occupational Safety and OSH Management Systems The factory does not submit records The factory needs develop a detailed OSH 16 Health of work related accidents to OFATMA policy, designate a person with the responsibility on a monthly basis. to record work related accident and to submit them to OFATMA on a monthly basis. Jun-22 Occupational Safety and OSH Management Systems The factory did not share evidence of The factory need to develop a detailed OSH Factory has shared evidence of 6 Health assessment performed on general policy, including an internal OSH assessment assessment performed on general occupational safety and health on a plan. occupational safety and health in the monthly basis. factory for the month March, Abril and May 2022 Jun-22 Contracts and Human Termination The calculation of the annual salary The factory must pay the lunch break and The factory's management stated they 16 Resources supplement or bonus upon include the payment in the calculation of the will follow up on that with their legal termination does not include the lunch average daily salary. department. break payment. Jun-22 Contracts and Human Termination The calculation unused paid annual The factory must pay the lunch break and The factory's management stated they 16 Resources leave payment upon termination does include the payment in the calculation of the will follow up on that with their legal not include the lunch break payment. average daily salary department. Jun-22 Contracts and Human Termination The calculation of the payment for the The factory must pay the lunch break and The factory's management stated they 16 Resources applicable notice period upon include the payment in the calculation of the will follow up on that with their legal termination does not include the average daily salary. department. lunch break payment. Jun-22 Contracts and Human Employment Contracts The factory does not have internal The factory needs to develop an internal work 16 Resources work rules approved by the Ministry of rule and ensure that it is approve by the Ministry Labor. of Labor (MAST) [page 322] Jun-22 Compensation Social Security and Other The calculation annual salary The factory must pay the lunch break and Management explained that they will 16 Benefits supplement or bonus does not include include the payment in the calculation of forthe follow up with their legal department. the lunch break payment. average daily salary. Jun-22 Compensation Social Security and Other The factory has not collected and The factory needs to register for OFATMA 16 Benefits forwarded workers contributions to maternity and health insurance and forward the OFATMA for maternity and health payment each month, on a regular basis. insurance. Jun-22 Compensation Social Security and Other Workers' pay slips for the last 3 The factory must send workers’ pay slips to The factory makes the payments and 16 Benefits months are not sent to OFATMA for OFATMA for the payment of sick leave and pays 6 weeks of maternity leave payment of sick and maternity leave. maternity leave. payment. Jun-22 Compensation Social Security and Other The factory is affiliated with OFATMA The factory must pay the must be OFATMA for 16 Benefits for work related accident and the the accident insurance on time factory has not completed the payment for the fiscal year 2021- 2022 Jun-22 Compensation Social Security and Other The employer collects but did not The employer must forward ONA contribution 16 Benefits forwards workers’ contributions to on time, by the 1Oth working day of the following ONA on a monthly basis. month to cover the payment for the previous month. Jun-22 Compensation Paid Leave The factory did not pay annual leave, The factory must pay the lunch break and Management explained that they will 16 Sick leave, maternity leave and the include the payment in the calculation of the follow up with their legal department. daily break correctiy. average daily salary Jun-22 Compensation Paid Leave The lunch breaks is not compensated The factory must compensate the workers for Management explained that they will 16 in the payroll. the lunch break, as required by the 3-8 law. follow up with their legal department. Jun-22 Compensation Paid Leave Maternity leave payments are based The factory must register for OFATMA maternity | Management explained that they will 16 on the minimum wages and health insurance, pay workers for the lunch follow up with their legal department break, include the lunch break payment in the calculation of the average daily salary Jun-22 Compensation Paid Leave Sick leave payments are not based on The factory must compensate the workers for Management explained that they will 16 average daily earnings. In addition, the the lunch break and include the payment in the follow up with their legal department. calculation does not include the lunch calculation of the average daily salary. The break payment. factory must pay the sick leave based on the average daily salary. Jun-22 Compensation Paid Leave The annual leave payment is not The factory must compensate the workers for Management explained that they will 16 calculated on workers daily average the lunch break and include the payment inthe follow up with their legal department eamings calculation of the average daily salary. The factory must calculate the payment for annual leave based on the average daily salary. [page 323] BETTER WORK HAITI - 26TH SYNTHESIS REPORT © Factory. Uniwell Apparel, LLC. Location: Ouanaminthe Number of workers: 683 Date of registration: Jan-20 Date of last two Better Jun-22 May-23 Work assessments: Advisory and Training Services 13-Apr-23 Training Chemical Management System 13-Apr-23 Advisory meeting To conduct OSH tour and identify hazards on emergency preparedness, chemical and electrical safety. Session on management systems gap analysis. T-Apr-23 Training PNCSs & Management System 22-Mar-23 Advisory meeting Bipartite meeting to present a template on OSH objectives. Virtual OSH tour on obstructed aisles and PPE. Meeting with the HR team to validate pending issues in the Improvement plan. 1-Feb-23 PICC Meeting To identify the training needs and elaborate a training plan. 1-Feb-23 Advisory meeting Factory tour: emergency preparedness, chemical management. Management meeting to follow up on Social security. 15-Nov-22 Advisory meeting Virtual OSH tour on 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 REMEDIATION ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES EFFORTS MONTHS Assessment May 2023 May-23 Occupational Safety and Chemicals and Hazardous The inventory of chemical and Assign responsible persons for 27 Health Substances hazardous products is incomplete. updating inventories of hazardous substances in the various locations where they are stored or used. May-23 Occupational Safety and Chemicals and Hazardous Unlabeled containers of chemicals. Define who control the chemical 27 Health Substances container on receipt from supplier and control the label. May-23 Occupational Safety and Chemicals and Hazardous Chemicals are not properly stored. Issue instruction on proper storage. 2 Health Substances [page 324] May-23 Occupational Safety and Chemicals and Hazardous MSDS not available for all chemicals Keep chemical MSDS for all 27 Health Substances product. hazardous chemicals used in the workplace. May-23 Occupational Safety and Chemicals and Hazardous Workers in the surrounding areas of Relocate the spot cleaning section or 27 Health Substances the spot cleaning are exposed to ensure it is in an isolated area. chemical vapors and aerosol sprays. May-23 Occupational Safety and Chemicals and Hazardous The factory did not show evidence Provide training to workers on A training has been 27 Health Substances of chemicals and hazardous chemical management. conducted in July 2023 substances training in the last 12 on PPE and chemical months. handling. May-23 Occupational Safety and Chemicals and Hazardous Eye wash stations are not available Install eye wash facilities were 27 Health Substances in all areas where chemical products chemicals are used are used. Include this aspect in the daily and weekly checks. May-23 Freedom of Association Collective Bargaining Violation of the CBA. Discuss legal requirements with the 27 and Collective factory Manager and register all Bargaining workers for maternity and Health Insurance. May-23 Occupational Safety and Emergency Preparedness There is no smoke detector installed Install smoke detector in the 27 Health in the garbage warehouse, where garbage warehouse, combustion materials such as cardboard boxes and plastic are stored, . May-23 Occupational Safety and Emergency Preparedness Improper maintenance of fire Request an annual fire fighting 27 Health extinguishers. maintenance report conducted by a certified company. May-23 Occupational Safety and Emergency Preparedness Emergency exits are not accessible. Provide additional training for The fabric has been 27 Health supervisors and remind supervisors transferred to another about their responsibility to enforce location. OSH in their area. May-23 Occupational Safety and Emergency Preparedness Fire drills are not conducted twice a Conduct at least 2 emergency drill The last fire drill was 27 Health year as recommended. per calendar year with the conducted in July 2023. authorities (incl. full evacuation of the workforce). May-23 Occupational Safety and Emergency Preparedness Combustible materials are not Store cardboard boxes and wood in 2 Health properly stored. other area away welding and grinding activities. [page 325] May-23 Occupational Safety and Emergency Preparedness A significant amount of fabric pieces Provide additional training for The fabric has been 2 Health were observed stored beneath workers and supervisors on electrical removed and warning electrical panels. safety. signs are posted on the factory floor. May-23 Occupational Safety and Emergency Preparedness The employer did not show Train at least 10 percent of the 27 Health evidence of fire-fighting training for workforce. workers in the last 12 months. Develop à monitoring log. May-23 Contract and Human Employment Contracts The factory does not have an Review the internal work rules. 27 Resources internal work rules approved by the Send the document to MAST for Ministry of Labor. approval. Ensure that all the pages are <tamned May-23 Contract and Human Employment Contracts The factory does not have an HR Develop an HR policy that is signed 27 Resources policy that is signed by top by top management with a clear commitment to meet all legal requirements. May-23 Occupational Safety and Employment Contracts Management did not define Define accountability and/or Health accountability and/or responsibilities for OSH officer as responsibilities for OSH officer as well as top management. well as top management. May-23 Contract and Human Employment Contracts The communication on HR policies Conduct Induction training for 27 Resources and procedures does not include workers. Induction all the necessary steps. Provide Staff training on how to carry out policies and procedures. Display policies and internal regulations in the factory. May-23 Contract and Human Employment Contracts HR job descriptions, reporting lines, Define responsibility in writing such 27 Resources description of job duties and as job descriptions, reporting lines, authority and performance description of job duties and evaluations are not available. authority and performance avaliatinne May-23 Contract and Human Employment Contracts Disciplinary and termination include the following points in the 27 Resources procedures not adequate. procedure such as: - The right to defend oneself prior to termination, and to representation during disciplinary processes; - Timeframes for warnings and payments. May-23 Contract and Human Employment Contracts The factory applies CODEVI's Develop a recruitment procedure 27 Resources recruitment procedure. that include: Hiring criteria that are applied equally to all job applicants. [page 326] May-23 Occupational Safety and Health Services and First Aid Worker interviews across the factory Pay the health cards and request 27 Health confirmed they did not receive the OFATMA to conduct the health health cards within the first 3 checks. months of hiring. May-23 Occupational Safety and Health Services and First Aid No evidence of medical checks for Conduct the health checks twice a 27 Health workers exposed to work-related year. hazards were present in worker's files. May-23 Occupational Safety and Health Services and First Aid No evidence of annual medical Pay the health cards and request 27 Health checks were present in worker's files. OFATMA to conduct the health checks. May-23 Occupational Safety and Health Services and First Aid The factory does not have an onsite Set up a clinic approved by the 27 Health medical facilities and staff as Authorities or Hire the required required by art. 478 and 479 of the medical staff. labor code. May-23 Occupational Safety and Health Services and First Aid Some first-aid box are obstructed Provide training to workers to ensure 27 Health and some are missing the checklist that the first-aid boxes remain to ensure proper supply. unobstructed. May-23 Occupational Safety and Health Services and First Aid The number of workers trained in Train at least 10 percent of the 27 Health first aid is less than 10% as workforce recommended by BWH. Develop à monitoring log. May-23 Working Time Leave Pregnant workers do not go on Send workers on maternity leave 6 27 leave 6 weeks before giving birth. weeks before giving birth. May-23 Occupational Safety and OSH Management Systems OSH assessments have not been Conduct monthly OHS risk 27 Health conducted during the past twelve assessments in all the various months. The factory did not share sections of the factory including any reports with assessors. preventive and remediation action. May-23 Occupational Safety and OSH Management Systems The factory did not share any list of Establish an OSH committee. Then 27 Health health committee members and inform workers about its existence. meeting minutes for the last 12 months. [page 327] May-23 Occupational Safety and OSH Management Systems The factory did not share any Request a structural safety 27 Health structural safety certificate with certificate from the city hall. assessor. May-23 Occupational Safety and OSH Management Systems Management did not define Define accountability and/or The factory appointed a 27 Health accountability and/or responsibilities for OSH officer as new OSH officer and the responsibilities for OSH officer as well as top management. OSH committee has well as top management. been implemented. May-23 Occupational Safety and OSH Management Systems The factory does not effectively Display OSH policies and work Health communicates and implements instructions in the workplace. OSH policies. Post of evacuation plans in all buildings May-23 Occupational Safety and OSH Management Systems The employer does not investigates Investigates monitors and measures 27 Health monitors and measures OSH issues. OSH issues through: Regular test, survey and inspections. May-23 Occupational Safety and OSH Management Systems The factory does not have an Develop an accident investigation The factory assigned an 27 Health accident investigation procedure. procedure that includes: OSH officer and the Implementation of changes in order procedure has been to avoid reoccurrence. developed and validated. May-23 Occupational Safety and OSH Management Systems The factory did not share a Develop a risk management The risk procedure 27 Health hazard/risk management procedure procedure that include: include: with the assessors. À systematic approach to identifying A systematic approach to hazards, a risk register, a structure to identifying hazards, a prioritize risks and a hierarchy of structure to prioritize risks controls . and a hierarchy of controls . May-23 Occupational Safety and OSH Management Systems The factory does not have an Develop the policy in consultation 27 Health adequate OSH policy that is signed with workers and their by top management. representatives which include measurable objectives and imnrovement tarcete May-23 Compensation Paid Leave The calculation of the average salary Pay the lunch break. The June 13 decree 27 for the payment of annual leave suspends the 3*8 law. does not include the payment of the The payment of the lunch break. lunch break is no longer required. May-23 Compensation Paid Leave The factory did not submit the sick Register with OFATMA for maternity 27 leave payment records to assessors, and health insurance. Send workers" to allow them to verify the if sick pay slip to OFATMA for sick leave leave payments are made correctly. payment. [page 328] May-23 Compensation Paid Leave The factory only paid 6 weeks of Register with OFATMA for maternity 27 maternity leave where workers are and health insurance. Send workers’ entitled to 12 weeks of payments. pay slip to OFATMA for maternity leave payment. May-23 Compensation Paid Leave The lunch break is not compensated Pay the lunch break. The June 13 decree 27 in the payroll. suspends the 3*8 law. The payment of the lunch break is no longer reaired May-23 Working Time Regular Hours The regular working hours are from Ensure that regular hour do not The June 13 decree 27 6:30 AM to 4:30 PM including a 1 exceed 48 hours per week. suspends the 3*8 law. hour daily break, 5 days a week, The payment of the which is equivalent to 10 hours per lunch break is no longer day and 50 hours per week. an integral part of the work day. May-23 Working Time Regular Hours During the assessment visit, Post the factory's working hours for 27 assessors noticed that the employer all shifts including break time. has not posted the factory's working hours for all shifts including break time May-23 Compensation Social Security and Other The factory is affiliated with Keep record of the salary statement 27 Benefits OFATMA for work related accident send to OFATMA. and the factory has not completed Pay OFATMA work related accident the payment for the fiscal year 2022- on time. 2023. May-23 Compensation Social Security and Other The calculation of the average salary Pay the lunch break. The June 13 decree 27 Benefits for the payment of the annual salary suspends the 3*8 law. supplement does not include the The payment of the lunch break payment. lunch break is no longer reauired May-23 Compensation Social Security and Other The last payment made to ONA Calculate ONA deduction on 27 Benefits was done in September of 2022. Workers' basic salary Forward worker's and employers' contribution to ONA within the first 10 business days of the next month for the previous month. May-23 Compensation Social Security and Other The factory is registered with Register with OFATMA for maternity 27 Benefits OFATMA for maternity and health and health insurance. insurance. Management share proof Send worker's and employer's of payment for the employer's contributions to OFATMA, for portion made for the month of maternity and health insurance. February 2022. [page 329] May-23 Compensation Social Security and Other The last payment made to ONA Calculate ONA deduction on 27 Benefits was done in September of 2022. Workers' basic salary Forward employers' contribution to ONA within the first 10 business days of the next month for the previous month May-23 Compensation Social Security and Other The factory is registered with Register with OFATMA for maternity 27 Benefits OFATMA for maternity and health and health insurance. insurance. Management share proof Collect and forward contributions of payment for the employers from workers salary for maternity portion made for the month of and health insurance February 2022. May-23 Compensation Social Security and Other The factory does not send workers’ Register with OFATMA for maternity 27 Benefits pay slip to OFATMA for maternity or and health insurance. Send workers sick leave payments. pay slip to OFATMA for maternity or sick leave payments. May-23 Compensation Termination The employers pays workers their Pay the lunch break. The June 13 decree 27 unused paid leave upon suspends the 38 law, so termination. Better Work is not finding non-compliance for non- payment of the lunch break. May-23 Compensation Termination The calculation of the average salary Pay the lunch break. The June 13 decree 27 for the payment of the annual salary suspends the 3*8 law. supplement upon termination does The payment of the not include the lunch break. lunch break is no longer required. May-23 Occupational Safety and Welfare Facilities Insufficient number of toilet. Discuss legal requirements with the 27 Health General Manager. Increase the number of toilets as required by law. May-23 Occupational Safety and Welfare Facilities The water test is not conducted on a Conduct the water test monthly. 27 Health monthly basis by a certified laboratory. May-23 Occupational Safety and Welfare Facilities The eating areas do not have the Provide an eating Area that can 27 Health capacity to accommodate all accommodate all the workers workers even if the factories have different lunch schedules to decrease agglomeration of workers. [page 330] May-23 Occupational Safety and Worker Protection The employer has not provided Provide employees with all 27 Health proper PPE to all workers. necessary personal protective clothing and equipment according to PPE regulation. May-23 Occupational Safety and Worker Protection The employer representative did not Develop a training plan and conduct 27 Health provide records of PPE training training on PPE. sessions for the workers in the last 12 months. May-23 Occupational Safety and Worker Protection During the factory tour, the Post warning signals and safety 27 Health assessors noticed there is no precautions where chemicals warning signals and safety containers are stored. precautions where chemicals containers are stored. May-23 Occupational Safety and Worker Protection Shock absorbing mats are not Provide anti fatigue mats for 27 Health available for all standing workers at standing workers. Heat Transfer section. May-23 Occupational Safety and Working Environment Lux level is insufficient in the Increase the lux level with additional 27 Health workplace. light. Specify who is in charge of regular maintenance of the lights and conduct regular measurement of temperature & compare with threshold value. May-23 Occupational Safety and Working Environment Temperature level exceed 30 C in Increase the ventilation with 27 Health the workplace. additional fans. Specify who is in charge of regular maintenance of the fans and conduct regular measurement of temperature & compare with threshold value. May-23 Occupational Safety and Working Environment Most of the aisles in the fabric and Provide additional space for storing 27 Health trims warehouse were obstructed by goods, rearranging the storage room. bundles of fabric and trim boxes. Assessment June 2022 Jun-22 Freedom of Association Collective Bargaining Violation of the CBA. Register all employees to OFATMA 20 for work related Accidents, maternity and health insurance. Provide chairs with back rest to all workers and allocate chair for standing workers. [page 331] Jun-22 Compensation Wage Information, Use and Assessors were not able to confirm Keep working time records for at 20 Deduction if the payroll include the exact least 12 months. working hours performed by the workers. Jun-22 Compensation Paid Leave The calculation for annual leave 20 payment does not include the lunch Pay the lunch break and include it in break payment. the calculation of annual leave. Jun-22 Compensation Paid Leave The calculation of sick leave Pay the lunch break and include it in 20 payments are not based on average the calculation of sick leave. daily earnings and does not include the lunch break payment. Jun-22 Compensation Paid Leave The factory only paid 6 weeks of Pay the lunch break. 20 maternity leave where workers are Ensure that workers are registered entitled to 12 weeks of payment. with OFATMA for maternity and Health insurance. Jun-22 Compensation Paid Leave The lunch break is not compensated Discuss legal requirements with the 20 in the payroll. General Manager and Pay the lunch break. Jun-22 Compensation Paid Leave The payment for annual leave, Sick Discuss legal requirements with the 20 leave, maternity leave and the daily General Manager break are not accurate. and Pay the lunch break. Jun-22 Compensation Social Security and Other The factory is affiliated with Pay OFATMA work related accident 20 Benefits OFATMA for work related accident on time. and the factory has not fully completed the payment for the fiscal year 2021- 2022. Jun-22 Compensation Social Security and Other The calculation for the bonus Pay the lunch break and include it in 20 Benefits payment does not include the lunch the calculation of annual salary break payment. supplement. Jun-22 Compensation Social Security and Other Management interview revealed that Pay the lunch break. 20 Benefits workers’ pay slip for the last 3 Send workers’ pay slip for the last 3 months are not sent to OFATMA for months to OFATMA for payment of payment of sick and maternity sick and maternity leave. leave. Jun-22 Compensation Social Security and Other Management did not provide proof Pay the lunch break 20 Benefits of payment of employer and Forward worker's and employers' workers’ contributions to ONA, contribution to ONA within the first although deductions are deducted 10 business days of the next month from workers’ payroll on a monthly for the previous month. basis. [page 332] Jun-22 Compensation Social Security and Other The factory does not collect and Pay the lunch break. 20 Benefits forward the employee's contribution Forward worker's and employers' to OFATMA. contribution to OFATMA within the first 10 business days of the next month for the previous month. Jun-22 Contracts and Human Employment Contracts The factory does not have internal Review the internal work rules. 20 Resources work rules approved by the Ministry Send the document to MAST for of Labor. approval. Ensure that all the pages are stamped. Jun-22 Compensation Termination The calculation of the payment for Pay the lunch break and include the 20 the applicable notice period does payment in the calculation of the not include the lunch break notice period. payment. Jun-22 Compensation Termination The calculation of the annual salary Pay the lunch break and include the 20 supplement upon termination does payment in the calculation of annual not include the lunch break salary supplement upon payment. termination. Jun-22 Occupational Safety and OSH Management Systems The factory did not conduct a Conduct monthly OHS risk 20 Health general OSH assessment monthly. assessments in all the various sections of the factory including preventive and remediation action. Jun-22 Occupational Safety and OSH Management Systems The factory did not share any list of Establish an OSH committee. 20 Health health committee members and meeting minutes for the last 12 months. Jun-22 Occupational Safety and OSH Management Systems The factory has a system in place to Declare accidents to OFATMA 20 Health record accidents on a regular basis. monthly. However, work injuries reports are not sent to OFATMA monthly. Jun-22 Occupational Safety and OSH Management Systems Management didn't provide any Request a structural safety 20 Health structural safety certificate. certificate from the city hall. Jun-22 Occupational Safety and Chemicals and Hazardous The factory does not keep an Assign responsible persons for 20 Health Substances inventory of chemical products updating inventories of hazardous during the assessment visit. substances in the various locations where they are stored or used. Jun-22 Occupational Safety and Chemnicals and Hazardous Unlabeled containers of chemical Define who control the chemical 20 Health Substances and hazardous substances found in container on receipt from supplier several areas of the workplace. and control the label. [page 333] Jun-22 Occupational Safety and Chemicals and Hazardous The assessors noticed that Ensure all chemicals and hazardous 20 Health Substances chemicals storage areas are not substances used in the factory are adequately ventilated. stored properly. Jun-22 Occupational Safety and Chemicals and Hazardous No MSDS were available for Keep chemical MSDS for all 20 Health Substances chemicals used in the workplace . hazardous chemicals used in the workplace. Jun-22 Occupational Safety and Chemicals and Hazardous The employer did not take any Improve isolation from the chemical 20 Health Substances action to limit the exposure of (e.8. separate room for spot employees to chemical vapors. cleaning). Jun-22 Occupational Safety and Chemnicals and Hazardous Workers were not trained in using Provide training to workers on 20 Health Substances chemical and hazardous chemical management. substances. Jun-22 Occupational Safety and Worker Protection Management has not provided Provide employees with all 20 Health metal gloves to all workers in the necessary personal protective cutting department. clothing and equipment according to PPE regulation. Jun-22 Occupational Safety and Worker Protection No evidence of training was Provide training to workers on PPE. Management explained 20 Health available. they will arrange training for workers shortly. Jun-22 Occupational Safety and Worker Protection 15 percent of sewing machines were Define who is in charge of installing 20 Health missing finger guards and eye and regularlÿy maintaining the guards. machine guards. Jun-22 Occupational Safety and Worker Protection The factory did not check the body Check the body temperature of all 20 Health temperature of all workers as well as workers as well as visitors. visitors. Jun-22 Occupational Safety and Worker Protection The assessors observed several Provide chairs with backrest for all 20 Health chairs without backrest and in poor workers. condition in the sewing floor. Add this aspect in the daily or weekly checks. Jun-22 Occupational Safety and Working Environment Temperature exceed Better Work Take action to reduce the 20 Health recommended maximum limit of temperature ( opening in the roof, 30C. water curtain, additional fans). Jun-22 Occupational Safety and Welfare Facilities Insufficient number of toilet. Increase the number of toilets as 20 Health required by law. [page 334] Jun-22 Occupational Safety and Welfare Facilities During the assessment visit Soap Define who will check that soap and 20 Health and Paper were not available in men paper is available (and include this in and women restrooms. the system of daily-weekly checks). Jun-22 Occupational Safety and Welfare Facilities The water test is not conducted on a Defines who organize monthly test 20 Health monthly basis by a certified about the quality of the drinking laboratory. water. Jun-22 Occupational Safety and Welfare Facilities The eating areas do not have the Ensure the factory has it own eating 20 Health capacity to accommodate all area that can accommodate all the workers. workers. Jun-22 Occupational Safety and Health Services and First Aid Workers did not receive the health Request health cards to OFATMA 20 Health cards within the first 3 months of within the first 3 months of hiring. hiring. Jun-22 Occupational Safety and Health Services and First Aid No evidence of medical checks for Provide health checks at not cost for 20 Health workers exposed to work-related the workers as required by law. hazards were present in worker's Take action based on the results. files. Jun-22 Occupational Safety and Health Services and First Aid No evidence of annual medical Provide health checks at not cost for 20 Health checks were present in worker's files. the workers. Jun-22 Occupational Safety and Health Services and First Aid The factory does not have onsite Hire the required medical staff. 20 Health medical facilities and staff as required by art. 478 and 479 of the labor code. Jun-22 Occupational Safety and Health Services and First Aid The total number of workers trained Train at least 10 percent of the 20 Health in first aid is less than 10 percent of workforce the workforce as recommended by Develop à monitoring log. Better Work. Jun-22 Occupational Safety and Emergency Preparedness The factory did not share a fire Request an annual fire fighting 20 Health fighting maintenance report maintenance report conducted by a conducted by a certified company. certified company. Jun-22 Occupational Safety and Emergency Preparedness Aisles were obstructed in several Provide additional space for storing 20 Health areas of the workplace. goods. Specify who conduct daily weekly checks (and include this in the system of daily-weekly checks). Jun-22 Occupational Safety and Emergency Preparedness Emergency drill are not conducted Conduct at least 2 emergency drill 20 Health every 6 months. per calendar year with the authorities (incl. full evacuation of the workforce). [page 335] Jun-22 Occupational Safety and Emergency Preparedness During the evaluation visit, the Display picture of electrical hazards. 20 Health assessors noticed a rechargeable Factory electrician to conduct more lamp wrapped in a piece of fabric regularly checks (include this aspect which represents à fire hazard. lb. in the system of daily-weekly checks). Jun-22 Occupational Safety and Emergency Preparedness Less than 10 percent of workers Train at least 10 percent of the 20 Health were trained in fire-fighting workforce. equipment. Develop a monitoring log. Jun-22 Working Time Regular Hours Pregnant women are not provided Develop à procedure for pregnant 20 with 2 additional breaks of 30 women. minutes. Jun-22 Working Time Regular Hours The working time records are not Use a form to request overtime from 20 accurate because regular hours and workers which includes the number overtime are not displayed. of hours required and a space for worker signature. Jun-22 Working Time Leave Workers revealed that they had not Give workers the required time for 20 received 15 days of annual leave. annual leave. Jun-22 Working Time Leave Pregnant workers do not go on Pregnant workers should receive 6 20 leave 6 weeks before giving birth. weeks of maternity leave before giving birth and 6 weeks after. Jun-22 Contracts and Human Employment Contracts The employer did not investigate Develop à procedure on HR 20 Resources violations of HR policies and performance indicators. procedures. Have in place a monitoring systems to identify weaknesses and make necessary adjustments to prevent recurrence. Jun-22 Contracts and Human Employment Contracts The factory does not have an Develop a disciplinary and 20 Resources adequate disciplinary and termination procedures that include: termination procedures. A clear specification of unacceptable behaviors or performance. Jun-22 Contracts and Human Employment Contracts The grievance procedure does not Review the grievance procedure to 20 Resources ensure anonymity. In addition, the ensure anonymity and translate it in grievance procedures were not local language. available in a local language. Jun-22 Contracts and Human Employment Contracts Recruitment procedure is not Develop a recruitment procedure 20 Resources adequate. that include: Hiring criteria that are applied equally to all job applicants. [page 336] Jun-22 Occupational Safety and OSH Management Systems Management did not show evidence Appoint an OSH officer with 20 Health of: Appointing an OSH officer with sufficient expertise and ensure sufficient expertise, ensuring effective functioning of the OSH effective functioning of OSH committee. committee. Jun-22 Occupational Safety and OSH Management Systems The factory did not effectively Post names of OSH committee 20 Health communicates and implements members, policies and work OSH policies. instructions. Jun-22 Occupational Safety and OSH Management Systems The employer does not adequately Investigates monitors and measures 20 Health investigates monitors and measures OSH issues through: Regular OSH issues. management review of effectiveness of management system including performance on measurable objectives and targets. Jun-22 Occupational Safety and OSH Management Systems The factory does not has an Develop an accident investigation 20 Health accurate accident investigation procedure that includes: procedure. Implementation of changes in order to avoid reoccurrence. Jun-22 Occupational Safety and OSH Management Systems The factory does not have an Develop a hazard/risk management 20 Health adequate hazard/risk management and control procedure that includes: and control procedure. A systematic approach to identifying hazards. Jun-22 Occupational Safety and OSH Management Systems The factory has an OSH policy that Develop the policy in consultation 20 Health is not signed by top management. with workers and their representatives, Include measurable objectives and improvement targets. [page 337] BETTER WORK HAITI - 26TH SYNTHESIS REPORT Factory: The Willbes Haïtian 2A S.A. é Location: Port-au-Prince Number of workers: 1,081 Date of registration: Sep-10 Date of last two Better Oct-21 Oct-22 Work assessments: Notes: Factory was temporarily closed in September and October Advisory and Training Services 26-Apr-23 Training Emergency preparedness: Blocked aisles. 21-Apr-23 Advisory meeting Advisory meeting on Improvement point. Review of OSH non compliance points from the last assessment. OSH meeting on emergency preparedness. 20-Feb-23 Advisory meeting Advisory visit to review Improvement plan and factory corrective action plan. Review of the PR guidelines. HR manager expressed concerns and challenge COMPLIANCE ASSESSMENT CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment October 2022 Oct-22 Occupational Safety OSH Management The employer does not adequately Management should assigned 9 and Health Systems assigns health and safety accountability at the level of OSH responsibilities to HR and Top committee for carrying out Health management. and Safety responsibilities by ensuring effective functioning of the OSH committee. Hold regular meeting and document the meeting. Oct-22 Occupational Safety OSH Management The employer does not adequately The employer need to investigate 9 and Health Systems investigate and monitor OSH issues. and monitor OSH issues through 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 measurable objectives and targets. [page 338] Oct-22 Occupational Safety OSH Management The factory does not have an The employer should review the 9 and Health Systems adequate hazard/risk management procedure to include A and control procedure. 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. Oct-22 Occupational Safety OSH Management The factory does not have an The OSH policy should be signed by 9 and Health Systems adequate OSH Policy. top management. It should establish measurable objectives and imorovement targets Oct-22 Contracts and Human Termination The annual salary supplement upon Pay the lunch break payment and The June 13 decree suspends all 17 Resources termination is not accurate. include it in the calculation of the provisions of the 3*8 law. The average daily salary. payment of the lunch break is no longer required. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haïti will not find noncompliance for the requirements in these articles during the current cycle, and will begin to apply them starting in laniiarv 2024 [page 339] Oct-22 Contracts and Human Termination The payment for annual leave upon Pay the lunch break payment and The June 13 decree suspends all 17 Resources termination is not accurate. include it in the calculation of the provisions of the 3*8 law. The average daily salary. payment of the lunch break is no longer required. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haïti will not find noncompliance for the requirements in these articles during the current cycle, and will begin to apply them starting in lantianv 2024 Oct-22 Contracts and Human Termination The payment for the applicable Pay the lunch break payment and The June 13 decree suspends all 17 Resources notice period upon termination is include it in the calculation of the provisions of the 3*8 law. The not accurate. average daily salary. payment of the lunch break is no longer required. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haïti will not find noncompliance for the requirements in these articles during the current cycle, and will begin to apply them starting in lanta 2024 Oct-22 Contracts and Human Employment Contracts The internal work rules do not have Update the internal rules to cover 17 Resources all the necessary elements. the break times, different categories of workers and their wages, date and time for wage payment. [page 340] Oct-22 Working Time Regular Hours The employer has not posted the Post the working hours for all shifts Facility will ensure to post the 17 factory's working hours for all shifts on the factory floor. working hours including the break including break time on the floor. time. Oct-22 Child Labor Child Laborer The total number of workers trained Train the appropriate number of This issue was reported by 17 in fire-fighting is less than 10 percent workers in fire fighting. mistake. Fire fighting trainings are of the workforce as recommended always conducted with the 10% of by Better Work. the workforce. List of participants from the last training has been shared. The total is more than 10% Oct-22 Occupational Safety Emergency Preparedness Obstructed emergency exits. Clear all emergency exits of During video tour, advisor noticed 17 and Health obstruction. all emergency exit were cleared. Oct-22 Occupational Safety Emergency Preparedness Inaccurate evacuation plan. Review the evacuation plan to Evacuation plan for the mezzanine 39 and Health Evacuation plan is not posted in all include all the sections in the factory of building 43 is posted. Facility building. and post it in all the buildings. will ensure to post evacuation plan for the mezzanine of building 42. Oct-22 Occupational Safety Emergency Preparedness Insufficient number of fire Ensure that all fire extinguisher are Facility ensured to install one fire 39 and Health extinguishers. present on the floor. Perform regular extinguisher at cutting section and checks of all fire extinguishers. properly maintain all of them. Oct-22 Occupational Safety Health Services and First The total number of workers trained Train the appropriate number of This issue was reported by 17 and Health Aid in first aid is less than 10 percent of workers in first aid. mistake. First aid trainings are the workforce as recommended by always conducted with the 10% of Better Work. the workforce. Factory has sent list of participants from last training. the number total is more than 10%. Oct-22 Occupational Safety Health Services and First Insufficient medical staff. Have adequate number of nurses. 124 and Health Aid Oct-22 Occupational Safety Welfare Facilities Factory has not conducted a water Conduct a water test on a monthly 17 and Health test on a monthly basis. basis to ensure that drinking water provided to worker is safe. Oct-22 Occupational Safety Welfare Facilities Insufficient number of toilet for Increase the number of toilet for the 39 and Health women. workforce, as required by law. Oct-22 Occupational Safety Working Environment Level of lighting was insufficient in Increase light level in the sewing, A7 and Health several sections. pressing and cutting section. [page 341] Oct-22 Occupational Safety Working Environment The noise levels was inadequate in Keep noise level below 90 db. 39 and Health the pressing section of building 43. Oct-22 Occupational Safety Working Environment Temperature exceeded 30C in all Keep the temperature level at 30C 47 and Health working sections. or lower. Oct-22 Occupational Safety Worker Protection The factory does not check all Systematically check all workers and This measure adopted for the 17 and Health workers and visitors body visitors body temperature upon Covid period is no longer a temperature upon entry in a entry and keep a registry for all requirement. systematic way. persons who present a temperature of 38C and above. Oct-22 Occupational Safety Worker Protection The distance is not respected on the Ensure that 15 meter of social This measure adopted for the 17 and Health floor. distance is observed in the Covid period is no longer a workplace. requirement. Oct-22 Occupational Safety Worker Protection Electrical panel and circuit breaker Identify all electric panel and circuit Electrical panels and breakers are 17 and Health are not properly identified. breaker in all buildings. Label all properly identified. circuit breakers to identify their purpose. Oct-22 Occupational Safety Worker Protection Several sewing machines were Install adequate guards on all Facility ensured to have all sewing 17 and Health missing eye guards and finger sewing machines. machines with its respective guards. guards installed. Oct-22 Occupational Safety Worker Protection Several standing workers were not Provide foot rests or shock Facility provided standing mats to 17 and Health provided with foot rests or shock absorbing mats to all the standing all workers in standing working absorbing mats. workers. position. Oct-22 Occupational Safety Worker Protection The employer has not provided Provide adequate personal Facility provided all workers with 102 and Health proper PPE to all workers. protective equipment to workers. the corresponding PPE. Oct-22 Occupational Safety Chemicals and No eye wash station installed in the Installs eye wash station the Facility has eye wash station 34 and Health Hazardous Substances mechanic workshop and chemical mechanic workshop of building 36 installed where chemicals are warehouse. and chemical warehouse. used. It is not necessary to install an eye wash station at the mechanic workshop. Oct-22 Occupational Safety Chemicals and Several hazardous chemicals were Provide MSDS with complete Compliance team ensured to have 39 and Health Hazardous Substances found without chemical safety data information where the chemical MSDS available for all chemical sheets. products are used and stored. substances. Oct-22 Occupational Safety Chemicals and Unlabeled containers of chemicals Label all containers of chemical Cleaning guns in the spot cleaning 39 and Health Hazardous Substances found in the workplace. products used in the factory. of building 37 and building 42 was properly labelled. [page 342] Oct-22 Occupational Safety Chemicals and The inventory was not accurate and Update the inventory of chemical Compliance team ensured to have 17 and Health Hazardous Substances did not include all chemicals used in accordingly. all chemical substances include in the workplace. the inventory. Oct-22 Contracts and Human Employment Contracts Contractual workers do not Ensure that workers have a copy of Human Resources manager will 17 Resources understand the terms and condition a copy of the written contract and ensure that Terns and condition of of employment. In addition, their are informed of the internal work employment are properly files are missing a written contract. rules. explained to contract workers . Files will be properly kept. Oct-22 Compensation Social Security and Other The annual salary supplement or Pay the lunch break payment and The June 13 decree suspends all 17 Benefits bonus does not include the lunch include it in the calculation of the provisions of the 3*8 law. The break payment. average daily salary. payment of the lunch break is no longer required. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haïti will not find noncompliance for the requirements in these articles during the current cycle, and will begin to apply them starting in lanriarv 2024 [page 343] Oct-22 Compensation Social Security and Other The workers’ contributions to Pay the lunch break payment and The June 13 decree suspends all 32 Benefits OFATMA does not include the lunch include it in the calculation of the provisions of the 3*8 law. The break payment. average daily salary. payment of the lunch break is no longer required. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haïti will not find noncompliance for the requirements in these articles during the current cycle, and will begin to apply them starting in lantianv 2024 Oct-22 Compensation Social Security and Other The employer contribution to Pay the lunch break payment and The June 13 decree suspendés all 32 Benefits OFATMA does not include the lunch include it in the calculation of the provisions of the 3*8 law. The break payment. average daily salary. payment of the lunch break is no longer required. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haïti will not find noncompliance for the requirements in these articles during the current cycle, and will begin to apply them starting in lanta 2024 [page 344] Oct-22 Compensation Social Security and Other The workers’ contributions to ONA Pay the lunch break payment and The June 13 decree suspends all 32 Benefits does not include the lunch break include it in the calculation of the provisions of the 3*8 law. The payment. average daily salary. payment of the lunch break is no longer required. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haïti will not find noncompliance for the requirements in these articles during the current cycle, and will begin to apply them starting in lantianv 2024 Oct-22 Compensation Social Security and Other The employer contribution to ONA Pay the lunch break payment and The June 13 decree suspends all 32 Benefits does not include the lunch break include it in the calculation of the provisions of the 3*8 law. The payment. average daily salary. payment of the lunch break is no longer required. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haïti will not find noncompliance for the requirements in these articles during the current cycle, and will begin to apply them starting in lanta 2024 [page 345] Oct-22 Compensation Paid Leave Annual leave and sick leave Pay the lunch break payment and The June 13 decree suspends all 17 payments do no include the lunch include it in the calculation of the provisions of the 3*8 law. The break payment. average daily salary. payment of the lunch break is no longer required. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haïti will not find noncompliance for the requirements in these articles during the current cycle, and will begin to apply them starting in lanuianv 2024 Oct-22 Compensation Paid Leave Lunch breaks is not compensated in Pay the lunch break payment and The June 13 decree suspendés all 17 the payroll. include it in the calculation of the provisions of the 3*8 law. The average daily salary. payment of the lunch break is no longer required. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haïti will not find noncompliance for the requirements in these articles during the current cycle, and will begin to apply them starting in lanriarv 2024 [page 346] Oct-22 Compensation Paid Leave Sick leave payment does not include Pay the lunch break payment and The June 13 decree suspends all 17 the lunch break payment. include it in the calculation of the provisions of the 3*8 law. The average daily salary. payment of the lunch break is no longer required. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haïti will not find noncompliance for the requirements in these articles during the current cycle, and will begin to apply them starting in lantianv 2024 Oct-22 Compensation Paid Leave Maternity leave payment does not Ensure that maternity leave include The June 13 decree suspendés all 17 include the lunch break payment. the lunch break payment, provisions of the 3*8 law. The payment of the lunch break is no longer required. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haïti will not find noncompliance for the requirements in these articles during the current cycle, and will begin to apply them starting in lanta 2024 [page 347] Oct-22 Compensation Paid Leave Annual leave payment does not Pay the lunch break payment and The June 13 decree suspends all 17 include the lunch break payment. include it in the calculation of the provisions of the 3*8 law. The average daily salary. payment of the lunch break is no longer required. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haïti will not find noncompliance for the requirements in these articles during the current cycle, and will begin to apply them starting in laniiarv 2024 Assessment October 2021 Oct-21 Working Time Regular Hours Factory's working hours are not Post working hours for all shift Facility has posted the working posted on the floor. including break time. hours including the break time. Management has clear to post working hours in all the premises. Oct-21 Occupational Safety Emergency Preparedness Less than 10 percent of the Ensure that 10 percent of the The trainings are always and Health workforce is trained in fire-fighting. workforce is trained in fire-fighting conducted with the 10% of the training. workforce and management will ensure to share the evidence to Better Work since the evidence were not made available at the time of the visit. Oct-21 Occupational Safety Emergency Preparedness Obstructed emergency exits. Ensure all exits remain and Health unobstructed. Oct-21 Occupational Safety Emergency Preparedness Inaccurate or missing evacuation Update post the evacuation plan for Evacuation plan for the mezzanine and Health plan. all buildings. of building 43 is posted. Facility will ensure to post evacuation plan for the mezzanine of building 42. [page 348] Oct-21 Occupational Safety Emergency Preparedness Missing fire extinguisher in the Install missing extinguishers and the Facility will ensure to install one and Health cutting section and another one in missing inspection tag. Ensure that fire extinguisher at cutting section the packing section was missing the extinguisher are checked on a daily and properly maintain all of them. inspection tag. basis. Oct-21 Occupational Safety Health Services and First Less than 10 percent of the Ensure that 10 percent of the The trainings are always and Health Aid workforce is trained in first-aid workforce is trained in first-aid conducted with the 10% of the training. training. workforce and management will ensure to share the evidence to Better Work since the evidence were not made available at the time of the visit. Oct-21 Occupational Safety Health Services and First Insufficient medical staff. Have adequate number of nurses. and Health Aid Oct-21 Occupational Safety Welfare Facilities Factory has not conducted a water Conduct a water test on a monthly and Health test on a monthly basis. basis to ensue that drinking water provided to worker is safe. Oct-21 Occupational Safety Welfare Facilities Insufficient number of toilet for Have adequate number of toilet for and Health women. the workforce, as required by law. Oct-21 Occupational Safety Working Environment Level of lighting was insufficient in Increase light level in the sewing, and Health several sections. pressing and cutting section. Oct-21 Occupational Safety Working Environment The noise levels was inadequate in Keep noise level below 90 db. and Health the pressing section of building 43. Oct-21 Occupational Safety Working Environment Temperature exceeded 30C in all Keep the temperature level at 30C and Health working sections. or lower. Oct-21 Occupational Safety Worker Protection The factory did not check all workers Systematically check all workers and Workers and visitors body and Health and visitors body temperature upon visitors body temperature upon temperature will be check upon entry in a systematic way. The entry and keep a registry for all entry in a systematic way. factory does not keep a registry for persons who present à temperature all persons who present a of 38C and above. temperature of 38C and above. Oct-21 Occupational Safety Worker Protection The social distance is not respected Ensure that 1.5 meter of social Facility will take the necessary and Health on the floor in the workplace. distance is observed in the measures to respect workers" workplace. physical and social distance. [page 349] Oct-21 Occupational Safety Worker Protection Unidentified electrical panels and Identify all electrical panels and Electrical panels and breakers will and Health circuit breakers. circuit breakers. be properly identified. Oct-21 Occupational Safety Worker Protection Several sewing machines were Install adequate guards on all Facility will ensure to have all and Health missing eye guards and finger sewing machines. sewing machines with its guards. respective guards installed. Oct-21 Occupational Safety Worker Protection Several standing workers were not Provide foot rests or shock Facility will provide standing mats and Health provided with foot rests or shock absorbing mats to all the standing to all workers in standing working absorbing mats. workers. position. Oct-21 Occupational Safety Worker Protection The employer has not provided Provide adequate personal Facility will provide all workers and Health proper PPE to all workers. protective equipment to workers. with the correspondent PPE. Oct-21 Occupational Safety Chemicals and No eye wash station installed inthe Installs eye wash station the Facility has eye wash station and Health Hazardous Substances mechanic workshop and chemical mechanic workshop of building 36 installed where chemicals are warehouse. and chemical warehouse. used. It is not necessary to install an eye wash station at the mechanic workshop. Oct-21 Occupational Safety Chemicals and Several hazardous chemicals were Provide MSDS with complete Facility will ensure to have MSDS and Health Hazardous Substances found without chemical safety data information where the chemical available for all chemical sheets. products are used and stored. substances. Oct-21 Occupational Safety Chemicals and Unlabeled containers of chemicals Label all containers of chemical Cleaning guns in the spot cleaning and Health Hazardous Substances found in the workplace. products used in the factory. of building 37 and building 42 will be properly labelled. Oct-21 Occupational Safety Chemicals and The inventory was not accurate and Update the inventory of chemical Facility will ensure to have all and Health Hazardous Substances did not include all chemicals used in accordingly. chemical substances include in the the workplace. inventory. Oct-21 Occupational Safety OSH Management The record of accident for the Submit the record of work related Facility ensured to send to and Health Systems month of October 2020 was accident to OFATMA on a monthly OFATMA records work related unavailable. basis. accidents on a monthly basis. Oct-21 Contracts and Human Termination The annual salary supplement upon Pay the lunch break payment and Corrective action is being Resources termination does not include the include it in the calculation of the discussed with Korea office. lunch break payment. average daily salary. Oct-21 Contracts and Human Termination The payment for annual leave upon Pay the lunch break payment and Corrective action is being Resources termination. does not include the include it in the calculation of the discussed with Korea office. lunch break payment. average daily salary. [page 350] Oct-21 Contracts and Human Termination The payment for the applicable Pay the lunch break payment and Corrective action is being Resources notice period upon termination does include it in the calculation of the discussed with Korea office. not include the lunch break average daily salary. payment. Oct-21 Contracts and Human Employment Contracts The internal work rules do not cover Update the internal rules to add the Corrective action is being Resources the break times, different categories missing information. discussed with Korea office. of workers and their wages, date and time for wage payment. Oct-21 Contracts and Human Employment Contracts Contractual workers do not Ensure that workers have a copy of Human Resources manager will Resources understand the terms and condition a copy of the written contract and ensure that Terns and condition of of employment. are informed of the internal work employment are properly rules. explained to contract workers . Files will be properly kept. Oct-21 Compensation Social Security and Other The annual salary supplement or Pay the lunch break payment and Corrective action is being Benefits bonus does not include the lunch include it in the calculation of the discussed with Korea office. break payment. average daily salary. Oct-21 Compensation Social Security and Other The workers’ contributions to Pay the lunch break payment and Corrective action is being Benefits OFATMA does not include the lunch include it in the calculation of the discussed with Korea office. break payment. average daily salary. Oct-21 Compensation Social Security and Other The employer contribution to Pay the lunch break payment and Corrective action is being Benefits OFATMA does not include the lunch include it in the calculation of the discussed with Korea office. break payment. average daily salary. Oct-21 Compensation Social Security and Other The workers’ contributions to ONA Pay the lunch break payment and Corrective action is being Benefits 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 The employer contribution to ONA Pay the lunch break payment and Corrective action is being Benefits 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 Pay the lunch break payment and Corrective action is being payments do no include the lunch include it in the calculation of the discussed with Korea office. break payment. average daily salary. Oct-21 Compensation Paid Leave Lunch breaks is not compensated in Pay the lunch break payment and Corrective action is being the payroll. include it in the calculation of the discussed with Korea office. average daily salary. [page 351] Oct-21 Compensation Paid Leave Sick leave payment does not Pay the lunch break payment and Corrective action is being include the lunch break payment. include it in the calculation of the discussed with Korea office. average daily salary. Oct-21 Compensation Paid Leave Annual leave payment does not Pay the lunch break payment and Corrective action is being include the lunch break payment. include it in the calculation of the discussed with Korea office. average daily salary. Oct-21 Interference and Wrongful termination of 6 union Reinstate the 6 union leaders Discrimination leaders. terminated on unjustified ground Oct-21 Interference and The factory suspended for union Compensate the workers for the lost Discrimination activities on October 1st, 2021. days and ensure to have clear and Management claimed they did not regular communication with union know those 2 workers were part of committee in the factory. the union. [page 352] BETTER WORK HAITI - 26TH SYNTHESIS REPORT Factory: The Willbes Haitian S.A (HT-2B) . Location: Port-au-Prince Number of workers 544 Date of registration: Feb-18 Date of last two Better Sep-21 Aug-22 Work assessments: Advisory and Training Services 26-Apr-23 Advisory meeting Advisory meeting on Improvement point. Review of OSH non compliance points from the last assessment. OSH meeting on OSH priorities. 26-Apr-23 Training Emergency preparedness: Blocked aisles. 20-Feb-23 Advisory meeting Advisory visit to review Improvement plan and factory corrective action plan. Review of the Pr1 guidelines. HR manager expressed concerns and challenges of the fact 7-Nov-22 Virtual Advisory meeting 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. 28-Oct-22 Virtual Advisory meeting 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. 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. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MOËTH Assessment August 2022 Aug-22 Occupational Safety and OSH Management Systems The OSH policy does not have all the Include the missing criteria in ul Health necessary elements. the OSH policy. Establish measurable objectives and improvement targets. Aug-22 Occupational Safety and OSH Management Systems The factory does not have an Include the missing criteria for ul Health adequate hazard/risk management an adequate Hazard/risk and control procedure. management and control procedure. Aug-22 Occupational Safety and OSH Management Systems Management did not show evidence of Submit and record actions and Lil Health that the employer investigates, procedures to investigate, monitors and measures OSH issues. monitor and measure OSH issues. Aug-22 Occupational Safety and OSH Management Systems Management has not assigned Update the OSH procedures to ll Health accountability at the level of OSH assign clear responsibility to the committee for carrying out Health and OSH committee members. Safety responsibilities. [page 353] Aug-22 Contracts and Human Employment Contracts The factory's disciplinary and Include the missing criteria in nl Resources termination procedures do not include the disciplinary and termination all the necessary elements procedures. Timeframes for warnings and payments Legal notice periods and termination payments. Aug-22 Contracts and Human Employment Contracts No evidence of performance Submit and record actions and Lil Resources evaluation procedures nor any procedures to investigate, investigations for violations of HR monitor and measure violations policies and procedures. of HR policies. Aug-22 Contracts and Human Employment Contracts The employer does not clearly assign Assign accountability at all ul Resources accountability at all levels of levels for Human Resources management for Human Resources management. management responsibilities. Aug-22 Contracts and Human Employment Contracts The factory does not have an Include the missing criteria for Lil Resources adequate an HR policy. an adequate HR policy. Aug-22 Working Time Regular Hours Supervisors do not allow pregnant Train supervisor on the legal Facility ensured to have all supervisors il women to take advantage of the benefits for the pregnant aware of this policy and its compliance. additional breaks. women. Aug-22 Working Time Leave Pregnant workers do not go on leave 6 Pregnant women should go on ul weeks before giving birth: leave 6 weeks prior to giving birth. Aug-22 Occupational Safety and Health Services and First First aid boxes were missing several Ensure that first aid boxes are It was corrected during the assessment visit. il Health Aid products listed on the checklist readily accessible in case of emergency treatment. Check first aid boxes regularly, remove and replace expired products. Aug-22 Occupational Safety and Health Services and First Insufficient number of nurses. Hire adequate number of 54 Health Aid nurses. Aug-22 Occupational Safety and Welfare Facilities Insufficient number of toilets for the Increase the number of toilets 54 Health women. according to the workforce. [page 354] Aug-22 Occupational Safety and Working Environment The light level is insufficient in several Increase the light level to 54 Health sections. comply with Better Work's recommended level. Aug-22 Occupational Safety and Working Environment Temperature level exceeds Better Increase the ventilation with 54 Health Work's recommended level of 3OC, in additional fans. Conduct regular all sections. measurement of temperature & compare with threshold value. Aug-22 Occupational Safety and Worker Protection The Factory did not provide proper Provide proper masks and Proper masks and gloves are provided to all il Health PPE to all workers. gloves to workers using workers using chemicals. chemical and hazardous products. Aug-22 Occupational Safety and Worker Protection Battery terminals on the generator are Perform regular maintenance of Maintenance team fixed the issue. il Health not insulated. the generator. Make sure that the battery terminals are insulated. Aug-22 Occupational Safety and Chemicals and Hazardous MSDS were not available for several Keep MSDS for all chemical and Compliance team ensured that MSDS were 20 Health Substances chemical and hazardous products hazardous products used in the available for all the products stored in the found in the workplace. workplace. workplace. Aug-22 Occupational Safety and Chemicals and Hazardous Inventory of chemical and hazardous Regularly check the inventory to Compliance team ensured the inventory of 20 Health Substances substances is inaccurate. make sure it is accurate. chemicals was updated to include all the Ensure locations of products are chemical storage areas. listed on the inventory sheet. Aug-22 Contracts and Human Termination The annual salary supplement Include the lunch payment in The June 13 decree suspends all provisions 20 Resources payment or bonus upon termination the calculation of the daily of the 3*8 law. The lunch break payment is does not include the lunch break average salary. no longer required. payment The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haïti will not find noncompliance for the requirements in these articles during the current cycle, and will begin to apply them starting in January [page 355] Aug-22 Contracts and Human Termination The unused annual leave upon Include the lunch payment in The June 13 decree suspends all provisions 20 Resources termination does not include the lunch the calculation of the daily of the 3*8 law. The lunch break payment is break payment. . average salary. no longer required. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haiti will not find noncompliance for the requirements in these articles during the current cycle, and will begin to apply them starting in January 2024. Aug-22 Contracts and Human Termination The payment for the applicable notice include the lunch payment in The June 13 decree suspends all provisions 20 Resources period does not include the lunch the calculation of the daily of the 3*8 law. The lunch break payment is break payment. average salary. no longer required. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haïti will not find noncompliance for the requirements in these articles during the current cycle, and will begin to apply them starting in January 2024 Aug-22 Contracts and Human Employment Contracts The internal work rules do not cover Include the missing information 20 Resources the break times, different categories of in the internal work rules. workers and their wages, date and time for wage payment. [page 356] Aug-22 Compensation Social Security and Other The annual salary supplement or include the lunch payment in The June 13 decree suspends all provisions 20 Benefits bonus does not include the lunch the calculation of the daily of the 3*8 law. The lunch break payment is break payment. average salary. no longer required. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haïti will not find noncompliance for the requirements in these articles during the current cycle, and will begin to apply them starting in January 2024 Aug-22 Compensation Social Security and Other The workers’ contributions to OFATMA include the lunch payment in The June 13 decree suspends all provisions 20 Beneñits does not include the lunch break the calculation of the daily of the 3*8 law. The lunch break payment is payment. average salary. no longer required. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haïti will not find noncompliance for the requirements in these articles during the current cycle, and will begin to apply them starting in January 2024. [page 357] Aug-22 Compensation Social Security and Other The employer contribution to include the lunch payment in The June 13 decree suspends all provisions 20 Benefits OFATMA does not include the lunch the calculation of the daily of the 3*8 law. The lunch break payment is break payment. average salary. no longer required. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haïti will not find noncompliance for the requirements in these articles during the current cycle, and will begin to apply them starting in January 2024 Aug-22 Compensation Social Security and Other The workers’ contribution to ONA does _ Include the lunch payment in The June 13 decree suspends all provisions 20 Benerfits not include the lunch break payment. the calculation of the daily of the 3*8 law. The lunch break payment is average salary. no longer required. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haïti will not find noncompliance for the requirements in these articles during the current cycle, and will begin to apply them starting in January 2024. [page 358] Aug-22 Compensation Social Security and Other The employer contribution to ONA include the lunch payment in The June 13 decree suspends all provisions 20 Benefits does not include the lunch break the calculation of the daily of the 3*8 law. The lunch break payment is payment. average salary. no longer required. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haïti will not find noncompliance for the requirements in these articles during the current cycle, and will begin to apply them starting in January 2024. Aug-22 Compensation Paid Leave The factory did not pay annual leave, Include the lunch payment in The June 13 decree suspends all provisions 20 Sick leave and the daily break correctly. the calculation of the daily of the 3*8 law. The lunch break payment is average salary. no longer required. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haïti will not find noncompliance for the requirements in these articles during the current cycle, and will begin to apply them starting in January 2024. [page 359] Aug-22 Compensation Paid Leave The lunch breaks is not compensated include the lunch payment in The June 13 decree suspends all provisions 20 in the payroll. the calculation of the daily of the 3*8 law. The lunch break payment is average salary. no longer required. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haïti will not find noncompliance for the requirements in these articles during the current cycle, and will begin to apply them starting in January 2024 Aug-22 Compensation Paid Leave The calculation of sick leave payments include the lunch payment in The June 13 decree suspends all provisions 20 does not include the lunch break the calculation of the daily of the 3*8 law. The lunch break payment is payment. average salary. no longer required. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haïti will not find noncompliance for the requirements in these articles during the current cycle, and will begin to apply them starting in January 2024. [page 360] Aug-22 Compensation Paid Leave The annual leave payment is not include the lunch payment in The June 13 decree suspends all provisions 20 calculated based on worker's average the calculation of the daily of the 3*8 law. The lunch break payment is daily earnings. average salary. no longer required. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haïti will not find noncompliance for the requirements in these articles during the current cycle, and will begin to apply them starting in January 2024 Assessment September 2021 Sep-21 Working time Regular Hours Supervisors do not allow pregnant Provide two additional breaks of Facility will train all supervisors on the women to take their additional break. 30 minutes each to pregnant policy and its application. women, as required by the labor code. Sep-21 Occupational Safety and Emergency Preparedness Less than 10 percent of the workforce Provide fire fighting training to This issue was reported by mistake. Fire Health is trained on the use fire fighting at least 10 percent of the fighting trainings are always conducted with equipment. workforce. 10% of the workforce. Sep-21 Occupational Safety and Emergency Preparedness Improper maintenance of fire Develop a OSH assessment Facility will ensure that all fire extinguishers Health extinguishers. policy which includes the are properly maintained. monitoring of fire extinguishers on a regular basis. Assign a person responsible to check the fire extinguishers on à monthly basis. Have an certified company provide maintenance to all fire fighting equipment on an annual basis. Sep-21 Occupational Safety and Health Services and First Aid Insufficient number of workers trained Train at least 10 percent of the This issue was reported by mistake. First aid Health in first aid. workforce in first aid. trainings are always conducted with 10% of the workforce. Sep-21 Occupational Safety and Health Services and First Aid First aid boxes were not accessible in a Assign a person who is Facility will establish a procedure to have all Health timely manner for emergency responsible to open the first aid first aid kits accessible in a timely manner. treatment. boxes. Post the name and Expired items will be replaced promptly. picture of the person next to the first aid boxes. [page 361] Sep-21 Occupational Safety and Health Services and First Aid Insufficient number of licensed nurses. Hire more nurses. To Health comply with the Haitian Labor Code; a factory of this size must have à permanent onsite medical service, with at least 4 licensed nurses and 3 doctor's visits per week. Sep-21 Welfare Facilities The factory does not have a watertest Contract a certified laboratory to conducted by a certified laboratory on perform monthly water tests. a monthly basis. Sep-21 Occupational Safety and Welfare Facilities Insufficient number of toilets for the Increase the number of toilets. Health size of the workforce. With its current workforce, the factory should have 48 functioning toilets for women Sep-21 Occupational Safety and Working Environment The light level is insufficient in all Increase the light level to Health sections. comply with Better Work's recommended level. Sep-21 Occupational Safety and Working Environment Temperature level exceeds Better Increase the ventilation with Health Work's recommended level of 30C, in additional fans. Conduct regular all sections. measurement of temperature & compare with threshold value. Sep-21 Occupational Safety and Worker Protection The factory did not check all workers Check all workers and visitors All workers and visitors body temperature Health and visitors body temperature upon temperature at the entrance. upon entry will be check in a systematic entry in a systematic way. The factory keep a registry for people Way. does not keep a registry for all persons presenting a temperature of 38 who present a temperature of 38C and C and above. above. Sep-21 Occupational Safety and Worker Protection The factory did not take the Implement the necessary steps Facility will take the appropriate measures Health appropriate measures to respect to make sure that social to respect workers’ physical and social workers’ physical and social distance distancing measures are distance. recommendations. respected. Sep-21 Occupational Safety and Worker Protection Improper maintenance of electrical Repair all damaged electrical Facility will remove damage electrical Health wiring system. wires. Have the maintenance cable, The electrical panel will be properly department perform regular covered and breakers will be properly checks of electrical system. labelled. Label all circuit breakers. [page 362] Sep-21 Occupational Safety and Chemicals and Hazardous Eye wash stations are not functioning Install functioning eye wash Facility will ensure that the eye wash Health Substances properly in all sections where stations or eye wash bottles stations are installed and functioning during chemicals and hazardous substances where chemicals and hazardous the working hours. are used and stored. substances are used and stored Sep-21 Occupational Safety and OSH Management Systems The employer records work related Keep monthly records of work Facility will send work related accident Health accidents but does not submit them related accident and submit records to OFATMA on a monthly basis. to OFATMA on a monthly basis. them to OFATMA on a monthly basis. Sep-21 Contract and Human Termination The calculation for the annual salary Pay the Lunch break and Corrective action is being discussed with Resources supplement upon termination does include it in the calculation of Korea office. not include the lunch break payment. the average daily salary. Sep-21 Contract and Human Termination The calculation for unused paid annual Pay the Lunch break and Corrective action is being discussed with Resources leave upon termination does not include it in the calculation of Korea office. include the lunch break payment. the average daily salary. Sep-21 Contract and Human Termination The calculation for the payment of the Pay the Lunch break and Corrective action is being discussed with Resources applicable notice period does not include it in the calculation of Korea office. include the lunch break payment. the average daily salary. Sep-21 Contract and Human Employment Contracts The internal work rules do not cover Update the internal work rules Resources the break times, different categories of to include the break time, workers and their wages, date and workers’ wages, date and time time for wage payment. for wage payment. Have the internal work rules approved by MAST. Sep-21 Compensation Social Security and Other The calculation for the payment of Pay the Lunch break and Corrective action is being discussed with Benefits annual salary supplement or bonus include it in the calculation of Korea office. does not include the lunch break the average daily salary. payment. Sep-21 Compensation Social Security and Other The amount collected for OFATMA Pay the Lunch break and Corrective action is being discussed with Benefits maternity and health does not include include it in the calculation of Korea office. the lunch break payment. the average daily salary. Sep-21 Compensation Social Security and Other The amount collected for OFATMA Pay the Lunch break and Corrective action is being discussed with Benefits maternity and health does not include include it in the calculation of Korea office. the lunch break payment. the average daily salary. Sep-21 Compensation Social Security and Other The workers’ contributions to ONA Pay the Lunch break and Corrective action is being discussed with Benefits does not include the lunch break include it in the calculation of Korea office. payment. the average daily salary. [page 363] Sep-21 Compensation Social Security and Other The employer contribution to ONA Pay the Lunch break and Corrective action is being discussed with Benerfits does not include the lunch break include it in the calculation of Korea office. payment. the average daily salary. Sep-21 Compensation Paid Leave The factory did not pay annual leave, Pay the Lunch break and Corrective action is being discussed with Sick leave and the daily break correctly. include it in the calculation of Korea office. the average daily salary. Sep-21 Compensation Paid Leave The lunch break is not compensated in Pay the Lunch break and Corrective action is being discussed with the payroll. include it in the calculation of Korea office. the average daily salary. Sep-21 Compensation Paid Leave Sick leave calculation does not include Pay the Lunch break and Corrective action is being discussed with the lunch break payment. include it in the calculation of Korea office. the average daily salary. Sep-21 Compensation Paid Leave The payment of paid annual leave Pay the Lunch break and Corrective action is being discussed with does not include the lunch break include it in the calculation of Korea office. payment. the average daily salary. [page 364] BETTER WORK HAITI - 26TH SYNTHESIS REPORT Factory: The WILLBES Haitian III S.A Ê Location: Port-au-Prince Number of workers: 589 Date of registration: Sep-10 Date of last two Better Sep-21 Aug-22 Work assessments: Advisory and Training Services 26-Apr-23 Training Emergency preparedness: Blocked aisles. 20-Apr-23 Advisory meeting Advisory meeting on improvement point. Review of OSH non compliance points from the last assessment. OSH meeting on OSH priorities based on last internal OSH meeting. 21-Feb-23 Advisory meeting Advisory visit to review Improvement plan and factory corrective action plan. Review of the Pr1 guidelines. HR manager expressed concerns and challenges of the factory. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment August 2022 Aug-22 Occupational Safety and OSH Management Systems OSH policy is not signed by top include missing criteria in the TI Health management and did not have all OSH policy. Establish the necessary elements. measurable objectives and improvement targets. Aug-22 Occupational Safety and OSH Management Systems The factory does not have an include missing criteria in the T Health adequate hazard/risk management hazard/risk management and and control procedures. control procedures. Aug-22 Occupational Safety and OSH Management Systems Management did not show Submit and record actions and T Health evidence of that the employer procedures to investigate, investigates monitors and measures monitor and measure OSH OSH issues. issues. AUg-22 Occupational Safety and OSH Management Systems Management has not assigned Update the OSH procedures to nl Health accountability at the level of OSH assign clear responsibility to committee for carrying out Health the OSH committee members. and Safety responsibilities. Aug-22 Contracts and Human Employment Contracts The disciplinary and termination Include the missing criteria in T Resources procedures are not adequate. the disciplinary and termination procedures. [page 365] Aug-22 Contracts and Human Employment Contracts No evidence of performance Submit and record actions and Lll Resources evaluation procedures nor any procedures to investigate, investigations for violations of monitor and measure Human Resources policies and violations of HR policies. procedures. Aug-22 Contracts and Human Employment Contracts The employer does not clearly Assign accountability at all T Resources assign accountability at all levels of levels for Human Resources management for Human Resources management. management responsibilities. Aug-22 Contracts and Human Employment Contracts The factory does not have an include the missing criteria for Lll Resources adequate an Human Resources an adequate HR policy. policy. Aug-22 Working Time Regular Hours Attendance records for temporary Have a reliable attendance Facility will keep attendance records for T workers were not available during system for temporary workers temporary workers. the assessment visit . to record accurate working time. Aug-22 Working Time Regular Hours Additional breaks are not provided Ensure that the pregnant Facility will inform all supervisors about Lll to pregnant women. workers can take their the additional breaks for pregnant additional breaks. women. This break will be respected. Aug-22 Occupational Safety and Health Services and First Aid Insufficient number of nurses. Have a number of nurse 131 Health compatible with the workforce. Aug-22 Occupational Safety and Welfare Facilities Factory has not conducted a water Conduct the water test on a 25 Health test on a monthly basis by a monthly basis. certified laboratory. Aug-22 Occupational Safety and Welfare Facilities Insufficient number of toilets for Have a sufficient number of 140 Health women. toilets for women. Aug-22 Occupational Safety and Working Environment The level of lighting was insufficient Ensure that light level are 73 Health in several sections appropriate in all sections Aug-22 Occupational Safety and Working Environment The temperature level exceeded Ensure the workplace 47 Health 30OC in several sections. temperature does not exceed the recommended 30 C. [page 366] Aug-22 Occupational Safety and Worker Protection The factory did not check all Ensure to check all workers The measure is no longer a requirement. 25 Health workers and visitors body and visitors body temperature temperature upon entry in a upon entry in a systematic systematic way. way. Ensure to keep a registry for all persons who present a temperature of 38C and above. Aug-22 Occupational Safety and Worker Protection The social distance is not respected Ensure that the 1.5 meter of The measure is no longer a requirement. 25 Health on the floor in the preparation distance is respected in the section, as well as during entry and preparation section as well leaving. during entry and leaving. Aug-22 Occupational Safety and Worker Protection Improper maintenance of electrical Ensure that proper Issue was corrected immediately. 21 Health system. maintenance are conducted Facility will properly maintain all for electrical installation on a electrical installation. regular basis. Electrical wires should not be exposed. Aug-22 Occupational Safety and Worker Protection Standing workers in the sewing floor Provide foot rest or shock Shock absorbing mats were purchased. 25 Health and packing area were not provided absorbing mats to all standing with foot rests or shock absorbing workers. mats. Aug-22 Occupational Safety and Worker Protection The employer has not been Provide support belt for 47 Health provided the support belt for workers doing heavy lifting workers doing heavy lifting work. work. Aug-22 Occupational Safety and Chemicals and Hazardous Eye wash station is not installed in Install an eye wash facility in Facility has eye wash station installed in 25 Health Substances all areas where chemical and the mechanic shop, spot the spot cleaning room and the hazardous products are used and cleaning area and chemical chemical warehouse. lt is not necessary stored. warehouse where chemicals to install an eye wash station at the are used and stored. mechanic shop. Aug-22 Occupational Safety and Chemicals and Hazardous Several hazardous chemicals were Ensure that all chemical have Compliance team ensured that missing 73 Health Substances found without chemical safety data their safety data sheets data safety sheets where added where sheets. available where they are used the chemicals are used and stored. and stored. Aug-22 Occupational Safety and Chemicals and Hazardous Containers of chemical and Ensure that all chemicals and The issue was fixed during the 62 Health Substances hazardous products were not hazardous products are evaluation visit. properly labelled. . properly labelled. Aug-22 Occupational Safety and Chemicals and Hazardous The inventory of chemical and Ensure that all chemicals used Factory registered new products as 52 Health Substances hazardous products was not the workplace are included in soon as they are stored. available. the inventory of chemnicals. [page 367] Aug-22 Contracts and Human Termination The annual salary supplement include the lunch break The June 13 decree suspends all 25 Resources upon termination does not include payment in the calculation of provisions of the 3*8 law. The lunch the lunch break payment. the annual salary supplement break payment is no longer required. or bonus upon termination. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haiti will not find noncompliance for the requirements in these articles during the current cycle, and will begin to apply them starting in January 2024. Aug-22 Contracts and Human Termination The annual leave payment upon include the lunch break The June 13 decree suspends all 25 Resources termination does not include the payment in the calculation of provisions of the 3*8 law. The lunch lunch break payment. annual leave upon break payment is no longer required. termination. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haiti will not find noncompliance for the requirements in these articles during the current cycle, and will begin to apply them starting in January 2024. [page 368] Aug-22 Contracts and Human Termination The payment for the applicable Include the lunch break in the The June 13 decree suspends all 25 Resources notice period does not include the calculation of the notice period provisions of the 3*8 law. The lunch lunch break payment. payment. break payment is no longer required. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haiti will not find noncompliance for the requirements in these articles during the current cycle, and will begin to apply them starting in January 2024. Aug-22 Contracts and Human Employment Contracts The internal work rules do not cover Specify terms and conditions 25 Resources the break times, different categories for the different categories of of workers and their wages, date workers in the internal work and time for wage vavment. rules. Aug-22 Contracts and Human Employment Contracts The written employment contracts Specify the hours of work and 25 Resources do not specify the hours of work the nature of the work to be and the nature of the work to be performed in the employment performed as required by law. contracts. Aug-22 Compensation Social Security and Other The annual salary supplement or include the lunch break The June 13 decree suspends all 25 Benefits bonus does not include the lunch payment in the calculation of provisions of the 3*8 law. The lunch break payment. the annual salary supplement break payment is no longer required. or bonus. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haiti will not find noncompliance for the requirements in these articles during the current cycle, and will begin to apply them starting in January 2024. [page 369] Aug-22 Compensation Social Security and Other The employer did not forward Forward last 3 months pay 25 Benefits workers last 3 months pay slips to slips to OFATMA for workers OFATMA for workers for sick or for sick or maternity leave maternity leave payments. navments Aug-22 Compensation Social Security and Other The employer contribution to Pay the lunch break. The June 13 decree suspends all 25 Benefits OFATMA for work related accident provisions of the 3*8 law. The lunch does not include the lunch break break payment is no longer required. payment. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haiti will not find noncompliance for the requirements in these articles during the current cycle, and will begin to apply them starting in January 2024. Aug-22 Compensation Social Security and Other The workers contributions to ONA Pay the lunch break. The June 13 decree suspends all 25 Benefits does not include the lunch break provisions of the 3*8 law. The lunch payment. break payment is no longer required. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haiti will not find noncompliance for the requirements in these articles during the current cycle, and will begin to apply them starting in January 2024. [page 370] Aug-22 Compensation Social Security and Other The employer contribution to Pay the lunch break. The June 13 decree suspends all 25 Benefits OFATMA for maternity and health provisions of the 3*8 law. The lunch insurance does not include the break payment is no longer required. lunch break payment. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haiti will not find noncompliance for the requirements in these articles during the current cycle, and will begin to apply them starting in January 2024. Aug-22 Compensation Paid Leave The factory did not pay annual Pay the lunch break. The June 13 decree suspends all 25 leave, Sick leave and the daily break provisions of the 3*8 law. The lunch correctly. break payment is no longer required. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haiti will not find noncompliance for the requirements in these articles during the current cycle, and will begin to apply them starting in January 2024. [page 371] Aug-22 Compensation Paid Leave Lunch breaks is not compensated Pay the lunch break. The June 13 decree suspends all 25 in the payroll. provisions of the 3*8 law. The lunch break payment is no longer required. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haiti will not find noncompliance for the requirements in these articles during the current cycle, and will begin to apply them starting in January 2024. Aug-22 Compensation Paid Leave The maternity leave payment does Pay the lunch break. The June 13 decree suspends all not include the lunch break provisions of the 3*8 law. The lunch payment. break payment is no longer required. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haïti will not find noncompliance for the requirements in these articles during the current cycle, and will begin to apply them starting in January 2024. [page 372] Aug-22 Compensation Paid Leave Sick leave payments do not include Ensure that lunch break is The June 13 decree suspends all 25 the lunch break payment. included in the calculation of provisions of the 3*8 law. The lunch the sick leave payment. break payment is no longer required. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haiti will not find noncompliance for the requirements in these articles during the current cycle, and will begin to apply them starting in January 2024. Aug-22 Compensation Paid Leave The annual leave payment does not Include the lunch break in the The June 13 decree suspends all 25 include the lunch break payment. annual leave payment. provisions of the 3*8 law. The lunch break payment is no longer required. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haiti will not find noncompliance for the requirements in these articles during the current cycle, and will begin to apply them starting in January 2024. Aug-22 Compensation Wage Information, Use and The factory does not have an Ensure that payroll form for 25 Deduction accurate payroll for temporary the temporary workers workers. includes all necessary information such as hours worked and overtime Aug-22 Compensation Minimum Wages/Piece Rate No time record was available for Ensure to have a time record 25) Wages temporary workers. system for temporary workers. [page 373] Aug-22 Child Labor Documentation and Three employment records were All workers’ file should include 25 Protection of Young Workers missing their identification cards or an identification card to prove birth certificate. that are above age minimum. Assessment September 2021 Sep-21 Working time Regular Hours Attendance records were not Have a reliable attendance available for temporary workers. system for temporary workers to record accurate working time. Sep-21 Working time Regular Hours Pregnant workers are not allowed to Ensure that the pregnant take their additional breaks. workers can take their additional breaks. Sep-21 Health Services and First Aid Insufficient number of medical Have a number of nurse staff. compatible with the workforce. Sep-21 Occupational Safety and Welfare Facilities Factory has not conducted a water Conduct the water test on a Health test on a monthly basis by a monthly basis. certified laboratory. Sep-21 Occupational Safety and Welfare Facilities Insufficient number of toilets for Have a sufficient number of Health women. toilets for women. Sep-21 Occupational Safety and Working Environment The level of lighting was insufficient Ensure that light level are Health in several sections. appropriate in all sections Sep-21 Occupational Safety and Working Environment The temperature level exceeded Keep the temperature level at Health 30OC in several sections. or below 30C. Sep-21 Occupational Safety and Worker Protection The factory did not check all Check all workers and visitors Health workers and visitors body body temperature upon entry temperature upon entry in a in a systematic way. Keep a systematic way. registry for all persons who present a temperature of 38C and above. Sep-21 Occupational Safety and Worker Protection Social distance is not respected on Ensure that the 1.5 meter of Health the floor in the preparation section, distance is respected in the as well as during entry and leaving. preparation section as well during entry and leaving. Sep-21 Occupational Safety and Worker Protection Exposed electrical wire in the boiler Perform proper maintenance Issue was corrected immediately. Health room on the electrical installation on Facility will ensure to properlÿy maintain a regular basis all electrical installation. [page 374] Sep-21 Occupational Safety and Worker Protection Shock absorbing mats were not Provide foot rest or shock Health provided to all standing workers. absorbing mats to all standing workers. Sep-21 Occupational Safety and Worker Protection Support belt were not provided to Provide support belt for Health workers doing heavy lifting work. workers doing heavy lifting work. Sep-21 Occupational Safety and Chemicals and Hazardous Eye wash station has not been Install an eye wash facility in Facility has eye wash station installed at Health Substances installed in all areas where chemical the mechanic shop, spot the spot cleaning room and the and hazardous products are used cleaning area and chemical chemical warehouse. The mechanic and stored. warehouse where chemicals shop does not yet have an eyewash are used and stored. station. Sep-21 Occupational Safety and Chemicals and Hazardous Several hazardous chemicals were Ensure that all chemical have Health Substances found without chemical safety data their safety data sheets sheets. available where they are used and stored Sep-21 Occupational Safety and Chemicals and Hazardous One container of sewing oil and a All chemicals must be properly Health Substances box of detergent that were not labelled. properly labelled in the mechanic workshop. Sep-21 Occupational Safety and Chemicals and Hazardous The inventory for chemical products Ensure that the chemical Health Substances is not accurate. inventory includes all chemicals used in the workplace. Sep-21 Contract & Human Termination The annual salary supplement upon Include the lunch break Corrective action is being discussed with Resource termination does not include the payment in the calculation of Korea office. lunch break payment. the annual salary supplement or bonus upon termination. Sep-21 Contract & Human Termination The annual leave upon termination include the lunch break Corrective action is being discussed with Resource does not include the lunch break payment in the calculation of Korea office payment. annual leave upon termination. Sep-21 Contract & Human Termination The applicable notice period include the lunch break in the Corrective action is being discussed with Resource payment does not include the lunch calculation of the notice period Korea office. break payment. payment. Sep-21 Contract & Human Employment Contracts The internal work rules do not cover Specify terms and conditions Corrective action is being discussed with Resource the break times, different categories for the different categories of Korea office of workers and their wages, date workers in the internal work and time for wage payment. rules. [page 375] Sep-21 Contract & Human Employment Contracts The written employment contracts Specify the hours of work and Resource do not specify the hours of work the nature of the work to be and the nature of the work to be performed in the employment performed as required by law. contracts. Sep-21 Compensation Social Security and Other The annual salary supplement or include the lunch break Corrective action is being discussed with Benefits bonus does not include the lunch payment in the calculation of Korea office break payment. the annual salary supplement or bonus. Sep-21 Compensation Social Security and Other The amount collected as workers’ Pay OFATMA contribution on Corrective action is being discussed with Benefits contributions to OFATMA is made time and include the lunch Korea office. late and does not include the lunch break payment in the break payment. calculation. Sep-21 Compensation Social Security and Other The employer contribution to Pay OFATMA contribution on Corrective action is being discussed with Benefits OFATMA is made late and does not time and include the lunch Korea office. include the lunch break payment. break payment in the calculation. Sep-21 Compensation Social Security and Other The amount collected as workers’ Pay ONA contribution on time Corrective action is being discussed with Benefits contributions to ONA does not and include the lunch break Korea office. include the lunch break payment. payment in the calculation. Sep-21 Compensation Social Security and Other The employer contribution to ONA Pay ONA contribution on time Corrective action is being discussed with Benefits does not include the lunch break and include the lunch break Korea office payment. payment in the calculation. Sep-21 Compensation Paid Leave The factory did not pay annual Pay the lunch break. Corrective action is being discussed with leave, Sick leave and the daily break Korea office. correctly. Sep-21 Compensation Paid Leave Lunch break is not compensated in Pay the lunch break. Corrective action is being discussed with the payroll. Korea office Sep-21 Compensation Paid Leave Sick leave payment does not include lunch break payment Corrective action is being discussed with include the lunch break payment. in the calculation of the sick Korea office. leave payment. Sep-21 Compensation Paid Leave Annual leave payment does not include the lunch break in the Corrective action is being discussed with include the lunch break payment. annual leave payment. Korea office Sep-21 Compensation Wage Information, Use and The factory does not have an The payroll form for the Deduction accurate payroll for temporary temporary workers should workers. include all necessary information such as hours worked and overtime. [page 376] Sep-21 Compensation Minimum Wages/Piece Rate No time record was available for Keep a time record system for Wages temporary workers. temporary workers. Sep-21 Child Labor Documentation and Three employment records were include an identification card Protection of Young Workers missing their identification cards or in all worker's file to prove that birth certificate. are above age minimum. [page 377] BETTER WORK HAITI - 26TH SYNTHESIS REPORT Factory: The Willbes Haïitian S.A (HT - Print Shop) s Location: Port-au-Prince Number of workers: 41 Date of registration: Feb-18 Date of last two Better Sep-21 Aug-22 Work assessments: Advisory and Training Services 16-Feb-23 Bipartite Committee Meeting to identify the training Meeting needs. 16-Feb-23 Advisory meeting To verify employee contract, follow up on social security, OSH management systems. TI-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 with the committee on the improvements made and validate pending issues on the improvement plan.on annual leave and payroll. Maatina 5-Aug-22 Advisory meeting FV 31) Meeting with the committee on the improvements made and validate pending issues on the improvement plan.2) Virtual OSH tour electrical safety and workers protection3) Session on risk assessment, COVID-19 guidance, follow up on annual leave and payroll. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment August 2022 Aug-22 Occupational Safety and OSH Management Systems The factory does not have Develop a written procedure in case of 9 Health emergency preparedness procedure. emergency. Aug-22 Contracts and Human Employment Contracts The factory does not investigate Define HR indicator performance and 21 Resources violation of HR procedures and develop à procedure to identify HR policies. weaknesses and make necessary adjustments. Aug-22 Working Time Regular Hours The attendance record is not Have an accurate attendance recording 21 accurate. system. Aug-22 Working Time Regular Hours The regular working hours exceed Ensure that the weekly regular working 21 the legal limit. hours which include the daily break do not exceed 48 hours per week. Aug-22 Occupational Safety and Emergency Preparedness A rechargeable light bulb was found Train supervisors and workers about fire 9 Health charging in a cardboard box. hazards and the need to report hazards for reparation. [page 378] Aug-22 Occupational Safety and Emergency Preparedness Improper maintenance of fire Provide adequate firefighting The undercharged fire 59 Health extinguishers. equipment. Specify who conducts extinguisher has been regular checks to make sure that the replaced. equipment is in place and functioning. Aug-22 Occupational Safety and Emergency Preparedness Improper maintenance of fire Install and maintain smoke alarm in the Smoke detectors have been 9 Health detection system. mechanic room and generator room. installed in the missing locations. Aug-22 Occupational Safety and Health Services and First Aid Inventory of products in first aid Equip first aid box and define Management Refilled the 9 Health boxes is not accurate. responsibility for refilling them. first aid Box. Aug-22 Occupational Safety and Welfare Facilities Water test is not conducted Defines who organise monthly test 21 Health monthly. about the quality of the drinking water. Keep result of the water test. Aug-22 Occupational Safety and Welfare Facilities Assessors did not observe soap and Provide soap dispenser. Define who will Management has provided 9 Health paper inside the women and men check that soap and paper are available. soap and paper in the restrooms. workplace. Aug-22 Occupational Safety and Working Environment Temperature exceed Better Work's Take action to reduce the temperature ( 59 Health recommended limit in several opening in the roof, water curtain, sections of the factory. additional fans) Aug-22 Occupational Safety and Worker Protection Batteries in the generator room were Specify who is in charge to install the 9 Health missing terminal protectors. batteries terminal and conduct regular checks. Aug-22 Occupational Safety and Chemnicals and Hazardous MSDS are missing for several Keep chemical MSDS for all hazardous The factory displayed the 9 Health Substances chemical and hazardous products chemicals used in the workplace. MSDS found in the workspace. Specify who is in charge of receiving MSDS from supplier / Verify the MSDS has the needed elements. Aug-22 Occupational Safety and Chemicals and Hazardous Unidentified container of a chemical Define who control the chemical 21 Health Substances products found in the workplace. container on receipt from supplier and control the label. Define who is entitled to pour chemicals in other recipients and label them. [page 379] Aug-22 Occupational Safety and Chemicals and Hazardous The location of the products is not Assign responsible persons for updating 63 Health Substances specified inventory of chemical and inventories of hazardous substances in hazardous products. the various locations where they are stored or used. Aug-22 Occupational Safety and OSH Management Systems The employer was not able to Request a structural safety certificate 9 Health provide the required structural from the city council. safety certificates. Aug-22 Occupational Safety and OSH Management Systems The bipartite OSH committee does Prepare a meeting agenda for the year. 9 Health not meet regularly. Meeting minutes Then, conduct meeting on a monthly are not available. basis and keep records of meeting minutes. Aug-22 Occupational Safety and OSH Management Systems The factory does not conduct Conduct and OSH assessment on a The factory started to record 9 Health regular assessments of general monthly basis in consultation with general OSH reports since occupational safety and health. workers' representative. the last assessment visit. Aug-22 Contracts and Human Termination The payment for annual salary Discuss legal requirements with the The june 13 decree suspends 21 Resources supplement or bonus upon General Manager. the 3*8 law. The payment of termination is not accurate. the lunch break is no longer Pay the lunch break and include the required. payment in the calculation of annual salary supplement upon termination. Aug-22 Contracts and Human Termination The payment for unused paid Discuss legal requirements with the The june 13 decree suspends 21 Resources annual leave upon termination is General Manager. the 3*8 law. The payment of not accurate. the lunch break is no longer Pay the lunch break and include the required. payment in the calculation of annual Aug-22 Contracts and Human Termination The payment for the applicable Discuss legal requirements with the The june 13 decree suspends 21 Resources notice period is not accurate. General Manager. the 3*8 law. The payment of the lunch break is no longer Pay the lunch break and include the required. payment in the calculation of the applicable notice period. Aug-22 Contracts and Human Contracting Procedures The contract for the administrative Review the employees’ contract and 21 Resources staff does not include the salary. include the salary. [page 380] Aug-22 Compensation Social Security and Other The employer does not collects and Discuss legal requirements with the The june 13 decree suspends 21 Benefits forwards the workers’ and General Manager. Pay the lunch break the 3*8 law. The payment of employers' contribution to OFATMA and include it in the calculation for the the lunch break is no longer on time consistently. payment. required. Aug-22 Compensation Social Security and Other The employer does not collects and Discuss legal requirements with the The june 13 decree suspends 21 Benefits forwards the workers’ and General Manager. Pay the lunch break the 3*8 law. The payment of employers' contribution to ONA on and include it in the calculation for the the lunch break is no longer time consistently. payment. required. Aug-22 Compensation Social Security and Other Sick leave and maternity leave Discuss legal requirements with the The june 13 decree suspends 21 Benefits payment are not accurate. General Manager. Pay the lunch break the 3*8 law. The payment of and include it in the calculation for the the lunch break is no longer payment. required. Aug-22 Compensation Social Security and Other The payment for annual salary Discuss legal requirements with the The june 13 decree suspends 21 Benefits supplement or bonus is not General Manager. Pay the lunch break the 3*8 law. The payment of accurate. and include it in the calculation for the the lunch break is no longer payment. required. Aug-22 Compensation Social Security and Other The salary statement provided to Discuss legal requirements with the The june 13 decree suspends 21 Benefits OFATMA for work related accident General Manager. the 3*8 law. The payment of insurance payment was not Pay the lunch break and keep record of the lunch break is no longer available. salary statement sent to OFATMA. required. Aug-22 Compensation Paid Leave The payment for annual leave, sick Discuss legal requirements with the The june 13 decree suspends 21 leave, maternity leave and the daily : General Manager. Pay the lunch break the 3*8 law. The payment of break are not accurate. and include it in the calculation for the the lunch break is no longer payments. required. Aug-22 Compensation Paid Leave Sick leave payments are not based Discuss legal requirements with the The june 13 decree suspends 21 on average daily earnings. General Manager. the 3*8 law. The payment of Pay the lunch break and send workers” the lunch break is no longer payslip to OFATMA. required. Aug-22 Compensation Paid Leave The payroll sent to OFATMA forthe Discuss legal requirements with the The june 13 decree suspends 21 workers’ maternity leave payment is General Manager. Pay the lunch break the 3*8 law. The payment of not accurate and include it in the calculation for the the lunch break is no longer payments. required. [page 381] Aug-22 Compensation Paid Leave The calculation for sick leave Discuss legal requirements with the The june 13 decree suspends 21 payments is inaccurate. General Manager. the 3*8 law. The payment of Pay the lunch break and the lunch break is no longer Send workers’ payslip to OFATMA required. Aug-22 Compensation Paid Leave The calculation for the annual leave Discuss legal requirements with the The june 13 decree suspends 21 payment is inaccurate. General Manager. Pay the lunch break the 3*8 law. The payment of and include it in the calculation for the the lunch break is no longer payments. required. Assessment September 2021 Sep-21 Working Time Leave Attendance records and interview Provide at least 15 days of annual leave revealed that workers were provided to workers after 1 year of service. less than 15 days of annual leave after 1 year of service. Sep-21 Working Time Regular Hours The regular working hours is Revise the internal regulations and equivalent to 9 hours per day and make sure that the regular hours do not 54 hours per week for the day shift. : exceed 48 hours per week. Sep-21 Occupational Safety and Emergency Preparedness The factory has not conducted a fire Conduct at least one emergency drill One fire Drill has been Health drill in 2021 and the last fire drill was every 6 months including full evacuation conducted on September conducted in November 2020. of the workforce. 24, 2021 and another one was conducted in March 2022. Sep-21 Occupational Safety and Emergency Preparedness Escape routes in the packing area Remind supervisors about their Management has identified Health are obstructed by boxes and tables. responsibility to enforce OSH in their an additional space to store area. Specify who conduct daily checks the trolley and boxes. A (and include this in the system of daily training on emergency /weekly checks). preparedness has been conducted. Sep-21 Occupational Safety and Emergency Preparedness One extinguisher was missing the Develop a SOP for the verification of Health inspection tag, one was overcharged Fire extinguisher. Provide additional and another one was obstructed. training to workers and supervisors. Sep-21 Occupational Safety and Health Services and First Aid Medical staff is not available forthe Hire additional medical staff for the Health night shift. night shift. Sep-21 Occupational Safety and Welfare Facilities The water provided to the workers is Conduct the water test on a monthly Health not being tested on à monthly basis. basis. Update the OSH policy [page 382] Sep-21 Occupational Safety and Working Environment Workplace temperature exceed 30 C Increase the ventilation with additional Health fans. Conduct regular measurement of temperature & compare with threshold value. Sep-21 Occupational Safety and Worker Protection The factory does not keep a registry Keep a registry for all persons who The register has been Health for all persons who present present à temperature of 38 C and revised and updated for all temperature of 38 C and above. above. persons who present a temperature of 38 C and above. Sep-21 Occupational Safety and Worker Protection One long electrical wire is on the Train supervisors and workers about The electrical cable has been Health floor obstructing several aisles and electrical hazards & the need to report removed. creating a tripping hazard. hazards for reparation. Sep-21 Occupational Safety and Worker Protection No support belts have been Define staff in charge of providing and Management provided Health provided to workers doing heavy renewing the PPESs. Provide employees support belt to workers. lifting work. with all necessary personal protective clothing and equipment according to PPE regulation. Sep-21 Occupational Safety and Chemnicals and Hazardous Eyewash station was not available Provide eye washing station or eye wash Management removed Health Substances in the maintenance room where bottles. Train workers on its use or chemical products from the chemical products are stored and display the operating procedure in local maintenance room. used. language. Sep-21 Occupational Safety and Chemicals and Hazardous Assessors observed a storage area, Store all chemicals and hazardous Health Substances near the toilets, where a chemical substances used in the factory properly. was stored that was not adequately ventilated. Sep-21 Occupational Safety and Chemicals and Hazardous Assessors observed one unidentified Label chemicals and hazardous The label has been Health Substances container of a chemical product in substances properly. Specify who translated in local language the generator room and several conducts regular checks on chemical and the container has been containers are labelled in Spanish safety. identified. and not in a local language. Sep-21 Occupational Safety and Chemicals and Hazardous The inventory of chemicals is Assign a person who is responsible for Health Substances inaccurate and it is written in updating inventories of hazardous Spanish. substances in the various locations where thev are stored or used Sep-21 Contracts and Human Termination The employers pays workers their Pay the lunch break and Include the The discussions took place Resources annual salary supplement upon payment in the calculation of annual With the General Manager. termination. However, the salary supplement upon termination. calculation of the average salary does not include the lunch break payment. [page 383] Sep-21 Contracts and Human Termination The employer compensates workers include the lunch break payment in the The discussions took place Resources for unused paid annual leave upon calculation of the annual leave payment with the General Manager. termination. However, the upon termination. calculation of the basic salary does not include the lunch break payment. Sep-21 Contracts and Human Termination The calculation of the average Include the lunch break payment in the The discussions took place Resources earning for notice of termination calculation of notice periods. With the General Manager. does not include the lunch break payment. Sep-21 Contracts and Human Employment Contracts The written contract does not Revise and amend the employment Corrective action is being Resources specify any information about the contract. discussed with Korea office. nicht chift Sep-21 Compensation Wage Information, Use and Payment of annual salary Ensure that workers’ salary supplement The discussions on legal Deduction supplement or bonus does not include the lunch break payment. requirements took place include the lunch break payment. With the General Manager. Sep-21 Compensation Social Security and Other Workers’ contribution to OFATMA Include the lunch break payment in The discussions took place Benefits does not include the lunch break workers’ contribution to OFATMA. With the General Manager. payment. Sep-21 Compensation Social Security and Other The employer contribution to Include the lunch break in the The discussions took place Benefits OFATMA does not include the lunch contribution to OFATMA. With the General Manager. break payment. Sep-21 Compensation Social Security and Other The employer collects and forwards Discuss legal requirements with the The discussions took place Benefits workers’ contribution to ONA within General Manager With the General Manager. the time limits provided by the law. include the lunch break payment in the However, the calculation does not contribution sent to ONA include the lunch break payment. Sep-21 Compensation Social Security and Other The employer pays the required Include the lunch break payment in the The discussions took place Benefits contribution to ONA. However, the contribution sent to ONA. With the General Manager. calculation of the basic salary does not include the lunch break payment. Sep-21 Compensation Paid Leave The factory did not pay annual leave Pay the lunch break and include it in the The discussions took place correctly as the lunch breaks is not calculation of annual leave payment. With the General Manager. included. Sep-21 Compensation Paid Leave The lunch breaks is not Discuss legal requirements with the The discussions took place compensated in the payroll. General Manager with the General Manager. Pay the lunch break. [page 384] Sep-21 Compensation Paid Leave Eligible workers are not correctly Pay the lunch break and include it in the The discussions took place paid for sick leave. calculation of sick leave. with the General Manager. Sep-21 Compensation Paid Leave The employer does not pay workers Pay the lunch break and include it in The discussions took place properly for annual leave. the calculation of annual leave. with the General Manager [page 385] As à partnership between the International Labor Organization and the International Finance Corporation, a member of the World Bank Group, Better Work brings together various groups - governments, global brands, plant owners, trade unions and workers - to improve Work in apparel industry and make the sector more competitive. CORE DONORS TO BETTER WORK Netherlands Ministry of Foreign Affairs Swiss State Secretariat for Economics Affairs Ministry of Foreign Affairs of Denmark The Government of Australia Represented by the Department of Foreign Affairs and Trade (DFAT) The US Department of Labor Funding is also provided by DFID, Government of France, Government of Canada, Irish Aid, GMAC, Royal Government of Cambodia and private sector donors,including The Walt Disney Company, Levi Strauss Foundation, Gap Inc. and FUNG (1937) Management Ltd [page 386] [page 387] Pr SN 0) ST GIFC International DÉS Labour Corporation Organization WORLD BANK GROUP