(2024) Better Work Ayiti: 28yèm Rapò Sentèz sou Konfòmite

[page 1] «277r-Better Work 4 . A4 4 / HAT 28th Compliance Synthesis Report É July 2024=December:2024 à D. 4 a L à # . FPS, International & international [page 2] 2 287T* COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI 4 Copyright © International Labour Organization (ILO) and International Finance Corporation (IFC) (2025) First published (2025) 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 of 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 of the opinions expressed in them. Reference to names of firms and commercial products and processes does not imply their endorsement by the IFC or ILO. Any failure to mention a particular firm, commercial product, or process is not a sign of disapproval. ILO publications can be obtained through major booksellers or ILO local offices in many countries or direct from ILO Publications, International Labour Office, CH-1211 Geneva 22, and Switzerland. Catalogs or lists of new publications are available free of charge from the above address or by email: pubvente@ilo.org Visit our website: www.betterwork.org [page 3] 3 287T* COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI 4 Acknowledgments/Disclaimer Better Work Haïti 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 2024 were funded by Federal funds, for a total of USD 17,137,735 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. KHENT > (4 © Q Æ rs sÉ [page 4] Acknowledgments/Disclaimer 3 List Of ACTONYMS usines D Section I: Introduction and Context …..............................................R. 8 1.1 Background... sn 8 Section Il: Highlights of the reporting period January... 10 Country Context... TÙ GarimentindustryIC hall en ges nn Section IIT : Milestones and key takeaways 13 BrogieSSOWNANdAchie Vin MESUIES PEAR Special stakeholders' gathering highlight serious concerns. Error! Bookmark not defined. Section IV: Compliance situation in the Haitian garment industry... 19 Section V: Core labour standards non-compliance findings of the reporting periOd sisi 27 Section VI: Better Work key activities toward sustainability…...….…........................ 29 Annex 1: The TAICNAR Project and Reporting Requirements under the HOPE II Legislation sise 37 TAICNAR Program Component 1: Compliance Assessments and Remediation CUT Le LE En on D NL SE OL 0 Ce CE) TAICNAR Program Component 2: Technical assistance to strengthen the legal and administrative structures for improving compliance in the industry... 38 Annex 2. Better Work's Service Delivery Model 41 Annex 3. The Better Work Compliance Assessment Methodology... 45 Better Work Compliance Assessment Framework... 45 Annex 4: Factories findings …................................................................................ 602 [page 5] 5 2874 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) CATH Central Autonome Travailleurs Haïtiens (Autonomous Central of Haitian Workers) CEDATHA Centrale Démocratique Autonome des Travailleurs Haïtiens (Autonomous Democratic Central of Haitian Workers) CFOH Confédération des Forces Ouvrières Haïtiennes (Confederation of Haitian Workers Forces) CNOHA Centrale Nationale des Ouvriers Haïtiens (National Central of Haitian Workers) CSH Coordination Syndical Haïtienne (Haitian Trade Union Coordination) 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 [page 6] 6 2874 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D ESPM-BO Entè Sendikal Premye Me-Batay Ouvriye GOSTTRA Groupement Syndical des Travailleurs-eusses du Textile pour Réexportation d'assemblage (Union Group of Textile Workers for Re-export of the Assembly) SOHSA Syndicat des Ouvriers de HANSAE Haïti S.A (HANSAE Haïti S.A Workers Union) UTL Union des Travailleurs Libres (Union of Free Workers) 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) 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 [page 7] 7 287T* COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D SC/AFL-CIO Solidarity Center/American Federation of Labor-Congress of Industrial Organizations SDT Table de Dialogue Social (Social Dialogue Table) ) TAICNAR Technical Assistance Improvement and Compliance Needs Assessment and Remediation USDOL United States Department of Labor [page 8] 8 287T* COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI 4 Section [: Introduction and Context 1.1 Background Haiti's Apparel Industry in Numbers The Haitian textile sector faces significant challenges due to the global economic climate and socio-political instability. Widespread gang activities in the metropolitan area of Port-au-Prince forced factories to halt operations for days or even weeks at a time. The closure of seaports and the main international airport in April and November 2024 further disrupted the transportation of raw materials and finished goods. Although the reporting period is from July 2024 to December 2024, it is worth nothing that at the start of 2024, Better Work Haiti listed 29 factories in its portfolio. Only 22 factories remained operational by December 2024, as seven had ceased operations permanently. In July, two factories in Port-au-Prince and three in the Northeast shut down. By November 2024, the estimated number of workers in the sector had fallen to 26,500—a loss of approximately 7,350 jobs compared to the previous synthesis report. The decline in production is evident in data from OTEXA, the U.S. Department of Commerce's Office of Textiles and Apparel. According to trade reports published in November 2024, total annual exports were just under $600 million, a significant drop from approximately $824 million in 2023—a decline of roughly 28% in export revenues. The textile industry, which accounts for approximately 90% of Haiti’s national exports, is at a critical juncture. Revenue losses and job cuts are taking a severe toll on factory-dependent communities. Beyond global economic pressures, deteriorating security conditions in the metropolitan area have prompted an exodus of skilled personnel, particularly at the administrative and management levels, further straining factory operations. Urgent stakeholder engagement and decisive intervention are essential to stabilizing the sector and preventing further economic decline. [page 9] 22: 26,431(X% loss?) 6 Active ? - $587,196 mi +‘ Active factories Workers employed. industrial zones Apparel exports in USD in the program (63% women) hosting 90% of million (YE current textile month -28.76%) Brands and Government Active workers” Retailers Partners organizations 1 Seven factories stopped operations due to challenges related to the country's recent situation. 2 The closure of some factories and production reduction of other causes some termination and significant loss of employment mostly among production workers. 3 Multiple zones in the west department face difficult challenges due to gangs’ unrests. This situation affected industrial areas to remain fully active for factories to keep operating. 4 The security situation of the country severely affected production, receiving of raw materials and shipment of finished goods. [page 10] 10 287T* COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D Section Il: Highlights of the reporting period July to December 2024 Country Context The second half of 2024 brought significant political changes, notably the election of a new president, which altered the leadership of the Transitional Presidential Council. However, security challenges remain critical for the government, posing significant economic stability and recovery obstacles. > Presidential Council: In October 2024, à new president of the Transitional Presidential Council was sworn in, though the council's composition remains unchanged. It consists of seven voting members and two non-voting members, and its mandate extends until February 2026. > New Prime Minister: In November 2024, the Presidential Council appointed a new Prime Minister, who reshuffled the cabinet. However, key figures such as the Minister of Social Affairs and Labour, the Minister of Commerce, and the directors of ONA and OFATMA retained their positions, ensuring continuity in critical sectors. > Leadership and Challenges: The new Prime Minister, a businessperson and former Haïitian Chamber of Commerce and Industry member, inherited an unstable political and security landscape. Gang violence continues to disrupt daily life, particularly in the metropolitan area of Port-au-Prince. > Airport Security Incident: In November, a major security incident occurred when heavy gunfire targeted the airport as three major US. airliners were landing. This led to the immediate suspension of all domestic and international flights. To date, the main international airport remains closed. » Security Measures: The new Prime Minister has pledged to address the deteriorating security situation and oversee preparations for new elections, [page 11] 11 287T* COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D prioritizing national stabilization and fostering an environment conducive to economic growth. > September 2024, a small contingent of troops arrived from Jamaica and Belize to reinforce the Multinational Security Support mission (MSS) in Haïti. The security situation in Haiti remains precarious. According to a report published by the United Nations Human Rights Office, gang violence claimed more than 5,000 lives in 2024, and the number of internally displaced persons reached several hundred thousand. By October 2024, United Nations experts estimated that over 80% of the capital was under gang control, severely disrupting economic activities, including factory operations in affected areas. The success of the Presidential Council, the leadership of the new Prime Minister, and the impact of international security forces will be key factors in determining Haiti's path to recovery. À long-term solution requires addressing the root causes of gang violence, fostering economic development, promoting political stability, and strengthening public institutions. Garment Industry Challenges The Haitian garment industry is at a critical juncture, exhibiting fragility and resilience. Its ability to recover from the COVID-19 pandemic—regaining most lost jobs within a year—demonstrates this resilience. Despite persistent security challenges, factories have continued operations, with workers often risking their safety to report for duty. Even the factories that were temporarily closed in mid-2024 have managed to reopen, albeit with reduced capacity, staffing, and order volumes. However, localized security concerns have led to frequent closures and scaled-back production in Port-au-Prince throughout the year. The recent incident in November 2024, involving gunfire striking US. airliners and the subsequent airport closure, which triggered additional factory shutdowns, underscores the sector's vulnerability. Improving security, particularly in the metropolitan area, is essential to ensure the smooth movement of goods and materials and guarantee worker safety. [page 12] 12 287T* COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI 4 Adding to these operational challenges is the uncertainty surrounding the renewal of the HOPE/HELP trade preference program, set to expire in September 2025. This looming deadline has heightened anxiety among industry stakeholders. International buyers require assurance that these trade benefits will continue, as their decisions directly impact Haitian factories. In the opinion of industry representatives and other stakeholders, failure to extend the HOPE II program could severely threaten the industry, potentially leading to widespread job losses and further economic distress. ÿ DSL M (TA FT er A | LS EPX æ il PA CT TT sL ù II M TS L] eh mn | d | AB - : A D A 7 "ri dé IN Lee Fi JL D, AA: à ess « | L7 14) LT » LL ñ à Sie 2 = , s.#< 2 | 1 Le 2. È TT + TC NS RE TT | IL Lau TR < 7 =" A | = —-> DR CU TTC JL RP AL AR VIN | _E | PSE gi — RL — 7 pit ail RUE BE ! PARLES CU CT À Con PA (1 STE Les FA Ne mn RE PUR ct AUS E LEA “MR RAP RTL SON RS POLE RIRE ES ot « 7e gr =»: 2; D. ar 15 ; PIS nn, | cn LAN Lee à fl [page 13] 13 2874 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D Section III: Milestones and key takeaways Progress toward achieving results. FACTORY-LEVEL SOCIAL DIALOGUE MECHANISMS GENERATE ACTIONS TO REDUCE NON-COMPLIANCE WITH HAITIAN LABOUR LAW AND INTERNATIONAL LABOUR STANDARDS, INCLUDING NON-COMPLIANCE ISSUES AFFECTING WOMEN. Better Work Haïti remains committed to its program goals despite ongoing national challenges. During this reporting period, the initiative focused on enhancing the capacity of participating factories to foster meaningful social dialogue at both the factory and sectoral levels. Factories received advisory services, assessments, and training to address non-compliance with Haïitian labour law and international labour standards, including issues disproportionately affecting women. To support these efforts, 856 participants—including 263 women—participated in 15 factory-training sessions and 15 industry seminars. Although Better Work Haïti encourages the factories to send more women participants, the final choice remains the prerogative of the factories. Better Work Haiti will continue to raise the factories" awareness about the increase participation of women in the training sessions. These sessions covered key topics such as workers" rights and responsibilities, effective communication, and the prevention of sexual harassment and gender-based violence. Additionally, Better Work Haïti conducted a specialized workshop on sexual harassment prevention, attended by representatives from three factories and one non-governmental organization. Participants received training materials to help them sustain and strengthen workplace dialogue to resolve labour issues. Assessments and Advisory Services Better Work Haiti conducted three hybrid and five virtual assessments from July to December. During hybrid assessments, inspectors from the Ministry of Social Affairs and Labour (MAST) were on site at the factory, while Better Work assessors participated online. However, security concerns in some parts of the metropolitan [page 14] 14 287T* COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D area, made is difficult to access certain factories, preventing MAST inspectors from participating in some assessments. As a result, there was greater reliance on virtual evaluations, conducted via online meeting applications such as Zoom, Google Meet or Teams, as well as regular telephone communication or WhatsApp.. Additionally, technical communication challenges between factory staff and Better Work Haïti teams caused these assessments to take longer than expected. Identified non-compliance issues were addressed in advisory sessions, where factories developed improvement plans, including training initiatives and corrective actions. In addition, Better Work Haïti conducted 40 advisory service visits to participating factories, focusing on: °_ Enhancing Occupational Safety and Health (OSH) management systems °__Improving human resources (HR) practices .<_ Addressing industrial relations issues, such as employee dismissals Discussions also covered the impact of the country's security situation on the garment sector. Workers expressed growing concerns about job losses and sought strategies to improve stability and security within the industry. TRIPARTITE PARTNERS AT THE SECTORAL LEVEL ENGAGE IN SUSTAINED DIALOGUE THAT GENERATES ACTION TO IMPROVE WORKING CONDITIONS AND WORKER WELL-BEING, INCLUDING FOR WOMEN WORKERS. At the sectoral level, tripartite partners engage in ongoing dialogue to drive action that enhances working conditions and promotes worker well-being, including for women. A capacity-building workshop was convened to support this effort, bringing together key stakeholders to discuss strategies for fostering a fair working environment. The session, facilitated by industry experts, focused on practical solutions for addressing workplace challenges and promoting a violence and harassment-free workplace. Discussions also highlighted the broader impact of these initiatives, extending beyond the workplace into local communities. The workshop culminated in drafting a [page 15] 15 2874 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D sector-wide action plan, which will be reviewed by the Project Advisory Committee (PAC) before being shared with stakeholders for final feedback and approval. [page 16] Special stakeholders' gathering highlight serious concerns. During this reporting period, the Project Advisory Committee (PAC) held several meetings to discuss key issues, particularly the renewal of the HOPE law. To advance this effort, members formed a subcommittee to develop a tripartite proposal submitted to the U.S. government to support the renewal of the HOPE/HELP trade agreement. The proposal outlined the specific roles of key stakeholders— government, employer representatives, and worker representatives—individually and collectively in addressing ongoing non-compliance issues within factories benefiting from the law. In the document, through the Ministry of Social Affairs and Labour (MAST), the government commits to reforming the Labor Administration Directorate to align With ILO Convention No. 81. Additionally, it pledges to restructure the social security system, including the Office for Old Age Insurance (ONA) and the Office for Work- related Accident, Maternity, and Health Insurance (OFATMA). The government also commits to increasing labor inspections conducted by MAST's inspectorate division and joint inspections in collaboration with ONA and OFATMA representatives. Employer representatives, through the Association of Haitian Industries (ADHI) and worker representatives, commit to working toward a sector-wide collective bargaining agreement. They also pledge to collaborate with relevant state institutions to strengthen social dialogue and to provide their members with guidance on the requirements of the HOPE/HELP Act and national and international labor standards. [page 17] 17 287T* COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D GOVERNMENT INSTITUTIONS SUCH AS THE MAST LABOR INSPECTORATE, ONA, AND OFATMA HAVE INCREASED ORGANIZATIONAL CAPACITY TO PROVIDE ELIGIBLE SERVICES TO WORKERS. Better Work Haïti continues to collaborate with the Ministry of Labour and the Office of the Ombudsperson for the Textile Sector to strengthen its capacity to serve constituents effectively. Under the auspices of the Office of the Ombudsperson and with support from Better Work Haiti, the Ministry of Labour's inspectorate division, along with representatives from ONA and OFATMA, held a series of high-level meetings to address challenges affecting service delivery and improve compliance with social security regulations. The discussions began with a two-day working session, in October 2024,led by the Ministry of Labour's chief legal advisor, focusing on calculating social security contributions. Participants aligned on a standardized method for these deductions, ensuring consistency with the labour code and the legal framework governing social security contributions. Additionally, they clarified their roles and responsibilities as collecting agents, improving compliance with social security requirements across the sector. A follow-up meeting between the MAST Labour Inspectorate, ONA, and OFATMA centered on developing a collaborative framework for joint inspections in the textile sector. As a result, the group drafted a joint inspection plan targeting four factories in Port-au-Prince. While the initial plan included visits to the Northeast region, travel restrictions have temporarily postponed that portion of the initiative. These efforts have yielded tangible results—more than 3,200 workers have received their health insurance cards from OFATMA, ensuring greater access to essential healthcare services. PROMOTING SOCIAL DIALOGUE IN THE GARMENT SECTOR. On August 26, 2024, a high-level workshop was held in Port-au-Prince under the theme: “Social Dialogue: An Essential Condition for Building Decent Work in the Clothing Industry." Facilitated by the International Labour Organization (ILO) through the Better Work Haiti program, this event brought together key stakeholders from the garment sector. The Office of the Ombudsperson for the Textile Sector, in [page 18] 18 287T* COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D collaboration with national partners—including the Ministry of Commerce and Industry (MCI), the Ministry of Social Affairs and Labor (MAST), central workers’ unions, and the Association of Industries of Haiti (ADIH)—as well as international partners such as the United States Department of Labor (USDOL) and the ILO, engaged participants in discussions on strengthening social dialogue. The workshop provided a platform for stakeholders to examine their role in addressing the current socio-economic challenges and fostering decent work in the sector. Participants identified key strategies to promote open, sincere, and inclusive social dialogue through these discussions. The event also allowed stakeholders to explore solutions to the industry's pressing challenges. Following the workshop, social partners committed to advancinginitiatives that reinforce social dialogue. The agenda included: > Relaunching the social/regional dialogue table. > Reactivating the workshop to overhaul the Haïitian Labour Code, finalizing and submitting it for stakeholder approval. > Seeking technical support from the ILO to encourage trade union participation in the Labour Code revision process. > Enhancing the capacity of social protection organizations such as OFATMA and ONA. [page 19] 19 287T* COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D Section IV: Compliance overview in the Haïitian garment industry The overall trend of non-compliance in the Haitian garment industry This section presents a comprehensive overview of non-compliance findings from 23 factories that participated in assessments at least once between December 2023 and December 2024. The data contained within this report reflects the most recent assessment results for these factories. The overall non- compliance rate is calculated based on the total number of factories that exhibit non-compliance in at least one question within at least one compliance category. Between July and December 2024, Better Work Haiti conducted eight new assessments—five virtual and three hybrids—with support from Ministry of Social Affairs and Labour inspectors. Some factories were assessed later than originally scheduled due to temporary closures for security reasons. Nonetheless, their factory tables will reflect any improvements made since previous assessments. Improvement plan verifications were conducted either through on-site visits or virtually via documentation requests during advisory services, which included discussions with the bipartite committee representing both workers and management. Additionally, two factories have permanently closed and are not included in this report. The charts below delineate the non- compliance findings for the 23 assessed factories, with non-compliance rates expressed as percentages. Acknowledging that these reports are generated biannually, despite annual assessments, results in issues documented across two consecutive synthesis reports. [page 20] 20 287T# COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI > Chart 1 - Non-compliance Rates by Compliance Point - Jan - Dec 2024 5 = Child Labourers EEE ZE 8 Documentation and Protection of Young Workers Oo 7 5 Hazardous Work and other Worst Forms Om [= = 0 É s Een 5e Race and Origin mm a Religion and Political Opinion mm Bonded Labour En 2 3 Coercion NN ÿ 8 . 9 & Forced Labour and Overtime mn Prison Labour mn . Ê o Collective Bargaining mms nn É c £ £ Freedom to Associate 4% © & 2 È © © Interference and Discrimination 19m 250€ : 2 30 a Strikes mm L OU E mn . . A Union Operations QE Method of Payment 10m S Minimum Wages/Piece Rate Wages mm nn 8 Overtime Wages mm EN ä Paid Leave DO (EN [on : £ Premium Pay SN, O Social Security and Other Benefits ne ion Wage Information, Use and Deduction m5 nu Su Contracting Procedures EN, £ © k £ Ê Ê Dialogue, Discipline and Disputes 09m & = 2 Employment Contracts nn En JE Termination nn z Chemicals and Hazardous Substances RS L Emergency Preparedness RS) 60/5 © Health Services and First Aid (IQ O5 Lo UE= OSH Management Systems RS ST © © es 5 a Welfare Facilities mnt E Worker Accommodation 4m a Worker Protection no En U (e] Working Environment nm SN e & Leave Sn Y £ Overtime NN © + Z Regular Hours mn 0 mn -5% 10% 25% 40% 55% 70% 85% 100% # Non-compliance rate (n= 23) [page 21] 21 287T* COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D SST findings highlight need for continued intervention The Occupational Safety and Health (OSH) cluster continues to be a priority for Better Work Haiti. Better Work Haiti continues to offer targeted training and industry seminars to factories, focusing its advisory services on the compliance points where the factories seem to struggle the most. Better Work Haiti also engages with the national stakeholders, particularly the social security apparatus, where their participation can positively influence the remediation process. > Health Services and First Aid: One of the compliance points in the OSH cluster that requires support from the government stakeholders, where their intervention could have à positive impact. > Onsite medical facilities and staff: The current data revealed that (83%) or 19 out of 23 factories do not have the required medical facility and staff. The non-compliance generally concerns the number of nurses as required by the Labor Code, even though the clinic may exist within the factory. There is a particular case in the Northeast where the industrial park has a medical facility. However, most of factories do not have a medical facility and staff within their individual buildings. Furthermore, with its current staffing, the park's facility does not have enough staff according to the labor code. > First aid boxes: While all factories have enough first aid boxes on the floor, the non-compliance stems from the inventory of supplies. The current data show a non-compliance rate of 65% (15 factories). The main concern is that the first aid boxes do not have all the supplies listed in their inventory sheet. Although the factories generally assign à person who is responsible to monitor the inventory on a weekly basis, there is often a lack of follow up to ensure that all the supplies listed are present in the first aid boxes. > Free Health checks for Workers Exposed to Work-related Hazard: Workers who are continuously exposed to chemical and hazardous products are entitled to free medical checks every six months. This health check should be provided by the government when the factory pays for [page 22] 22 287T* COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D the health card, or Carte de Santé in French (CDS). We found that several factories did not pay for the health card and thus do not request OFATMA to perform the medical check. There is also the fact that OFATMA itself often fails to respond to factories’ request for health services to be performed. Currently the data show a 65% non-compliance rate. > Free Medical Checks: Workers are also entitled to receive free medical checks within the first three months of hiring, as well as free annual medical checks. These checks are also supposed to be performed by OFATMA when the factory pays for the health card. However, several factories provide the medical checks to their workers without OFATMA support. The data shows that 39% of factories do not provide the health check within the first three months of hiring, while 43% do not provide the free annual check. > First Aid training: Employers are recommended to provide first-aid training to at least 10 percent of the workforce. The data shows that 9 out of 23 factories (39%) are non-compliant under this question. > Emergency preparedness is an essential aspect of compliance within the Occupational Safety and Health (OSH) cluster, which includes eleven questions. Given the current rates of non-compliance, addressing this area presents an opportunity for improvement. For instance, the issue of emergency exits and escape routes has the highest non-compliance rate at 78%. This indicates a potential area for focus and enhancement. Similarly, the question related to the availability of adequate firefighting equipment show a non-compliance rate of 57%. Moreover, the accessibility of exit doors during working hours, with a non- compliance rate of 50%, reflects another area where organizations can make meaningful adjustments. On a positive note, the question related to storing flammable materials has achieved à commendable non-compliance rate of 0% in the last reporting period. By addressing the challenges in emergency preparedness, organizations can create a safer work environment and ensure compliance. [page 23] 23 287 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI > The following chart outlines the questions in the Health Services and First Aid compliance point and the non-compliance rate for each question. Non-compliance Rate for Questions in the "Health Services and First Aid' Compliance Point Does the employer address safety and health risks to pregnant or nursing 0% workers? Do workers receive the health cards p_ 39 Within the first 3 months of hiring ? % Has the employer provided first-aid p 39 training for workers? di Do workers have annual medical checks? Do workers who have been exposed to work-related hazards receive free health p 65% checks? Has the employer ensured there are a sufficient number of readily accessible [| 65% first aid boxes/supplies in the... Does the workplace have required pe 3x onsite medical facilities and staff? 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% [page 24] 24 287T* COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D OSH as Fundamental Principle and Right at Work (FPRW) The Declaration on Fundamental Principles and Rights at Work (1998) was amended in 2022 to add a safe and healthy working environment as a fundamental principle and right.$ As a result, the Occupational Safety and Health Convention, 1981 (No. 155) and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No.187) are now considered as fundamental conventions. The obligation to respect, promote and realize the four fundamental principles and rights at work arises from a member state's membership in the ILO, regardless of whether they have ratified the ILO's fundamental Conventions. Better Work conducts factory assessments using a Compliance Assessment Tool (CAT) that is aligned with core labour standards and national law. Where national law either fails to address or lacks clarity around a relevant issue regarding conditions of work, Better Work establishes a benchmark based on international standards and good practices. Better Work assesses the Fundamental Rights at Work in line with the fundamental conventions, even if not ratified by the country in question. National laws remain relevant, but the minimum acceptable standard is aligned to the fundamental conventions if a country's law has been determined to fall below the principles and rights in a fundamental convention.$ 5 Previously, the fundamental principles and rights at work and their corresponding fundamental, or core, conventions included: + freedom of association and the effective recognition of the right to collective bargaining (Conventions 87 and 98); + the elimination of all forms of forced or compulsory labour (Conventions 29 and 105); + the effective abolition of child labour (Conventions 138 and 182); + the elimination of discrimination in respect of employment and occupation (Conventions 100 and 111) 6 These determinations are made based on comments of the ILO supervisory bodies, and in particular the Committee of Experts on the Application of Conventions and Recommendations, and in consultations with the International Labour Standards Department (NORMES). [page 25] 25 287T* COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D In consultation with the NORMES department, Better Work has drafted revisions to the OSH cluster of the CAT. The programme has not yet implemented these revisions to allow time for factories to be informed of the changes. With OSH becoming a fundamental right at work, Better Work plans to work with constituents, brands and donors, and identify more effective strategies to address persistent OSH non-compliance issues. Possible approaches include an increased focus on OSH risks as zero tolerance issues. In addition, when looking at the root causes of OSH non-compliance issues, Better Work will focus both inside and beyond the factory to ensure that parties outside the factory who contribute to OSH issues are engaged to identify sustainable solutions, including, for example, the industrial park authorities. > Compensation priorities: The data compiled for the compensation cluster clusters reveals persistent non-compliance in certain areas despite improvements. Recognizing these challenges, Better Work identified a group of factories in the Northeast facing similar issues related to compensation and conducted Training of Trainers (ToT) sessions to equip factory personnel with the necessary knowledge and skills to improve compliance. Below, we will delve deeper into areas of persistent non-compliance, explicitly focusing on overtime wages, paid leave, and social security benefits, to assess factory progress toward full compliance. > Overtime Pay Discrepancies: 43% of factories were found to be incorrectly compensating workers for overtime work after 6 PM. Workers receive the incorrect overtime pay because the overtime rate is not being applied to their correct base salary. Better Work believes that the ToT training brings clarity to managers and forecasts a positive impact on this compliance point for the upcoming period. Nevertheless, the programme noticed the need to continue supporting factories to implement sustainable practices, address special situations, and enhance their personnel's knowledge. [page 26] 26 287T* COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D > Paid Leave Shortfalls: The data revealed that the overall non-compliance rate related to paid leave is 91%. However, the non-compliance rate for each question is between 52% and 63%, with the question related to the correct payment of weekly rest days being the highest. Our data indicate that those 12 factories incorrectly paid for the weekly rest day based on minimum salary, 52% of factories incorrectly paid both sick and maternity leave, and 57% paid for annual leave incorrectly. > During this reporting period, 74% of the factories did not collect and forward the appropriate contributions to OFATMA for maternity and health insurance. Meanwhile, 70% were non-compliant regarding contributions to ONA. However, this time, a lower percentage of the factories (48%) failed to pay for OFATMA work-related accident insurance properly. Non-compliance related to OFATMA and ONA payments often results from deducting contributions based on the minimum salary instead of the basic salary, which includes all types of earnings, such as production quota, except for overtime. There are also cases where factories sent payments to ONA or OFATMA late. Some factories only contribute the employers’ portion to OFATMA for maternity and health insurance and do not deduct and send the workers’ contribution to OFATMA, hence the non-compliance. The data also revealed that 30% of factories did not correctly pay workers the annual salary supplement or bonus because it was not based on their average daily earnings. [page 27] 27 287T* COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D Section V: Core labour standards non- compliance findings of the reporting period FREEDOM OF ASSOCIATION: VIOLATIONS OF COLLECTIVE BARGAINING AGREEMENT Better Work did not find any evidence of core labour standard violations during the assessments at the factories. However, Better Work advisors received two complaints from dismissed union workers during the period. The complaints were thoroughly investigated, and the findings were shared with the factories. FREEDOM OF ASSOCIATION: FREEDOM TO JOIN A UNION. According to the investigation of Factory 1, one union member was terminated shortly after the union coordinator submitted a list of new members to the administration of the park. According to the factory, they were unaware that the worker was a union member because they had not received the new list from the park's administration or other forms of communication, such as a WhatsApp group message often used to communicate with factory managers. The factory claimed they terminated the worker for leaving work without authorization one day and his past disciplinary record. The worker explained that he left because he had received information from the supervisors that they would work half a day. In fact, according to time records reviewed by Better Work advisors, 22 workers had left early that day. The union member was the only one dismissed. Better Work Haiti found that the dismissal was not justified. Better Work recommends that the employer reinstates the union member with compensation for lost wages and develops comprehensive disciplinary and termination policies and procedures. At the time of this report, we had no evidence that the factory took appropriate action. Better Work Haïti received a complaint from an executive member of a union from Factory 2. The union member claims he was dismissed because he [page 28] 28 287T* COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D reported to the Office of the Ombudsperson factory management's arrangements for workers to come to work to complete their quota on a Saturday without compensation for that day's work. One of the factory's representatives said he was terminated because he spread falsehoods about the factory. Another said that the reasons for the termination of the union executive member are various, such as inappropriate behaviour, verbal threats, arrogance, and unjustified absences Better Work found that the union member's termination is disproportionate to his behaviour, especially given that it occurred shortly after he contacted the Office of the Ombudsperson, which is legitimate trade union activity. Better Work recommends that the factory reinstate the terminated union member with compensation for back pay and engage in dialogue to find mutually agreeable arrangements for the executive committee member to perform union activities. [page 29] 29 287T* COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D Section VI: Better Work Key Activities Toward Sustainability This section provides an update on the key training activities carried out by Better Work Haiti from July to December 2024. Due to the local context, Better Work Haiti delivered these training services mostly virtually per its mandate under the Hope II law. Nevertheless, some training sessions were conducted virtually and in person for factories in the northeast. TRAINING During the reporting period, the programme delivered a comprehensive range of training initiatives, including 15 training sessions, 15 industry seminars, and workshops. À key focus was placed on enhancing occupational safety and health through training modules on emergency preparedness, chemical management, and risk management and control, with the aim of urging factories to address the related non-compliance issues. An industry seminar on emergency management, attended by 12 factories and 90 participants (including 27 women) provided a comprehensive overview of emergency preparedness beyond fire evacuation. Participants gained valuable insights into the essential components of effective emergency preparedness procedure and their critical importance within the factory. By the end of the training, the participants were equipped with the knowledge necessary to understand the scope of emergency preparedness, assess the main emergency risks within their respective factories, and recognize the crucial role of proper emergency procedures in preventing human casualties, minimizing property damage which can have significant legal and financial consequences for the factory. > Chemical Management: An industry seminar on chemical management systems was conducted, engaging 75 participants, including 20 women, from seven factories. Notably, representatives from the Office of the Ombudsperson and inspectors from the Ministry of Social Affairs and [page 30] 30 287T* COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D Labour (MAST) participated. The seminar aimed to equip participants with practical tools and best practices for effectively handling chemicals to be shared with other personnel at their respective workplaces. Participants gained valuable knowledge on proper chemical storage, labelling procedures, and using Material Safety Data Sheets (MSDS). The seminar also emphasized strategies for preventing chemical exposure. > Risk Management: Better Work Haiti's training team conducted an industry seminar on risk management and control. This training focused on equipping participants with the knowledge and skills to identify and mitigate potential workplace hazards before they occur proactively. The training module incorporated practical templates and activities to strengthen participants’ knowledge of core principles of risk management that can be readily implemented in the workplace. 32 workers and managers, including six women, participated in this valuable training session. > Labour Law Training of Trainers (ToT): Better Work Haiti conducted a three-day Training of Trainers (ToT) program on labour law for factories in the Northeast. The training curriculum encompassed key areas such as Human Resources and contract management, compensation and working time, and an introduction to international core labour standards. The target audience for this training comprised HR managers and compliance managers within the factories. Upon completing the training, participants were equipped to replicate the training within their respective factories based on the training plan developed during the sessions. À total of 24 participants, including 12 women, successfully completed the three-day program. COLLABORATION WITH THE GOVERNMENT > Taxation Training: In collaboration with the Ministry of Finance, through the General Directorate for Taxes (DGI), Better Work Haiti facilitated two training sessions in the Northeast. These sessions focused on educating participants on various types of taxes levied on both workers and employers, including methods for calculating and withholding these [page 31] 31 287T* COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D taxes. The training emphasized the fiscal responsibilities of enterprises as outlined in the fiscal code. The first session, attended by 28 participants (including 11 women) from eight factories, the CODEVI industrial park, and representatives from ONA and OFATMA, targeted financial officers and accountants. The second session focused on factory-level union representatives. It had 31 participants (including two women) and representatives from ONA and MAST. Inspector Training: Better Work Haiti provided logistical support to MAST to facilitate a training session for labor inspectors in the North and Northeast. This training aimed to equip inspectors with the necessary knowledge and tools to effectively conduct labour inspections by legal requirements. The training curriculum encompassed inspection methodologies, fundamental rights, and workplace relations. MAST's Chief Legal Advisor and Assistant Director of Labour conducted the training. 28 labour inspectors and conciliators, including eight women, from the regional offices of Fort-Liberte, Ouanaminthe, and Cap Haiïtian participated in this three-day training session. [page 32] 32 287T* COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D Lessons learned and Recommendations for the Haïitian garment sector LESSONS LEARNED 1. Economic and Security Challenges Have Deepened the Crisis > Declining Production and Job Losses: The garment sector has lost approximately 7,350 jobs over the past year, with only 22 out of 29 factories remaining operational by December 2024. > Security Concerns: Widespread gang violence and political instability have severely disrupted factory operations, leading to factory shutdowns. > Export Decline: Haitian apparel exports declined by 28.76% in 2024 compared to the previous year. 2. HOPE/HELP Trade Preference Program Uncertainty > The impending expiration of the HOPE/HELP trade preference program in September 2025 creates uncertainty among investors and international buyers. > Industry stakeholders and the Haitian government are actively lobbying for an extension, highlighting its importance for sustaining the sector. 3. Compliance Issues Persist > Occupational Safety and Health (OSH): The non-compliance rate for chemical and hazardous substances management is 87%. > Emergency Preparedness Deficiencies: 78% of factories lack accessible emergency exits, and 57% fail to maintain escape routes and firefighting equipment. > Compensation Violations: 43% of factories fail to pay overtime wages correctly, and 91% have issues with paid leave policies. [page 33] 33 287T* COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D > Social Security Contributions: 70% of factories do not correctly forward social security contributions to ONA, and 48% fail to pay work-related accident insurance to OFATMA. 4. Worker Rights and Union Suppression Issues + Freedom of Association: Two unjustified dismissal cases of union workers were identified, and the affected factories have not yet reinstated the employees. + Social Dialogue Needs Strengthening: While some factories engage in bipartite discussions, many still lack proper mechanisms for collective bargaining. 5. Better Work Haiti's Capacity-Building Efforts Show Progress > 1,200+ factory workers and managers participated in training sessions on OSH, emergency preparedness, and social dialogue. > Increased collaboration with the Haitian government has improved labor inspection procedures. > Factories in the Northeast received specialized training in wage calculation, taxation, and compliance management. RECOMMENDATIONS A. Strengthening Industry Stability and Policy Advocacy 1. Urgently Secure HOPE/HELP Trade Program Renewal > The government must intensify diplomatic efforts to ensure the program's extension beyond 2025. > Employers and trade unions should jointly lobby U.S. lawmakers to emphasize the impact of HOPE/HELP on job creation in Haïti. 2. Enhance Security Measures in Industrial Zones > Deploy targeted security forces to industrial zones to prevent factory shutdowns due to gang violence. [page 34] 34 287T* COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI 4 > Introduce emergency response protocols to protect workers and ensure continuity in production. 3. Diversify Trade Partners Beyond the U.S. > Explore European and Latin American markets to reduce over-reliance on the U.S. > Develop local value chains to minimize dependency on imported raw materials. B. Improving Compliance and Working Conditions 1. Address Occupational Safety and Health (OSH) Deficiencies > Implement a sector-wide safety audit to identify critical areas needing immediate improvement. > Increase OSH training for workers and managers, focusing on proper chemical handling, emergency preparedness, and fire safety. 2. Ensure Proper Wage Payments and Social Security Compliance > Factories should correct wage calculation errors, particularly in overtime pay, leave payments, and bonuses. > Improve enforcement mechanisms for timely ONA and OFATMA contributions, ensuring workers receive full social security benefits. 3. Strengthen Labor Inspections and Accountability > Increase the number of labor inspectors and provide them with enhanced training in factory auditing. > Introduce digital reporting systems for transparency in wage payments and compliance tracking. C. Strengthening Social Dialogue and Labor Rights 4. Promote Collective Bargaining Agreements [page 35] 35 287T* COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D > Employers and trade unions should establish sector-wide agreements to prevent disputes over wages and working conditions. > Introduce binding mechanisms for dispute resolution to protect workers from unfair dismissals. 5. Improve Worker Representation and Participation > Strengthen factory-level bipartite committees to ensure worker grievances are addressed proactively. > Introduce an independent grievance mechanism to handle disputes related to worker terminations and disciplinary actions. D. Building Industry Resilience and Sustainability 6. Adopt Technology for Efficiency and Sustainability > Encourage factories to invest in automation and lean manufacturing practices to improve productivity. > Promote environmentally friendly production practices like water and energy efficiency measures. 7. Expand Workforce Development Programs > Launch vocational training initiatives to upskill garment workers, particularly in high-value segments like fashion design and technical textiles. > Develop leadership-training programs for factory managers to improve compliance and productivity. [page 36] 36 287 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI > CONCLUSION The Haitian garment sector is at a critical turning point. While political instability, security threats, and declining exports persist, strategic interventions in compliance, worker rights, and trade policy can drive recovery. Urgent action is required to renew HOPE/HELP, improve labor standards, and ensure industry sustainability. Implementing these recommendations will help the sector regain investor confidence, create more jobs, and secure Haiti's position in the global apparel market. LD Eu + L4 Li 21 LS / À À D …. . = => R 'u Ÿ | NY * ” " \ Es } 2ù, | KV" N° :4 Pa À he. =" y a e k [page 37] 37 287T* COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D 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 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 38] 38 287T* 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” [page 39] 39 28'# COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI > compliance with international standards and national labor laws. The project ran from 2014 to 2017 and was closely linked to the Better Work program. As of 2018 and with Better Work's new 5-year strategy in Haïti, the program will continue to build on the efforts of this MAST capacity-building program. The revised project strategy emphasizes the capacity building of all tripartite constituents - Government, employer, and worker organizations - as part of the sustainability efforts of the Better Work program. The HOPE 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. | ES Ÿ — —_ > il her Ber nt : = A: = nr M RE = pe: = ES —— EE a ns de er à == = po he ee U. ‘ FES 7e sa; 1 TT je Ep 2 (7: Ve v 07 Ps EN 7 à A LL'us' RS (} - V2 Y 1-18 à. 7 si ; \ s L ve] . | 4 L 1 A SRE DE | me =” ; + * 1 ’ 7à ha Wé hi * = ÿ D [page 40] 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. (ii) For each producer listed under clause (ii) — (I) a description of the deficiencies found to exist and the specific suggestions for remediating such deficiencies made by the entity operating the TAICNAR Program. (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 41] 41 287T* 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 factories offer 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, the cycle starts with approximately 100 days of advisory services under the revised Better Work service delivery model. With its bipartite Committee, the factory can conduct a self-diagnosis with its Better Work Enterprise Advisor's support and work on immediate improvements where possible. The unannounced Better Work assessment is then conducted after the initial advisory and training services period. 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 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 [page 42] 42 287T* COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D Better Work factory reports consist of the assessment report released roughly 30 days after the unannounced assessment visit. Then later in the cycle, in the 11th month of the cycle, Better Work then publishes a progress report detailing improvements on compliance issues and in-factory dialogue, continuous learning, and effective management systems. Better Work also provides additional recommendations in this report to further strengthen the improvement process. Factories 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 engaging in effective self-reporting and ensuring 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 43] 43 2874 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D Start Cycle à 4 Mont ; a Aoy, LS, 4 1Sop, N \ È # Mots, eo À) Ë +, W S à 5 È y % $ À + £ 4 & ù © ë % & h © ë ® ER | 5 a \ À + . @- | ü CE. = Z à | 5 2 N \ Ë EF \ # à \ \ A ( C3 N N V4 6 LS mn uoyy nn a Luuon 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 [page 44] 44 287 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI > 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. . Ll . — LI à LE 4 _ . Ps *!, . , » © + Le à j s L Le, … ” - | a. LE 2, y LP" | - " e— . + #æ L A | \ “10 ms ( — + - 2 . L EP { re | » … F LA . 2 | , L 4 . — . f 1 LL — La t —. L - 0 LA | un . À Éobe + 1 ù E ë, il 4 ». AE 4 | - [page 45] 45 287T* 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. Haïti 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 [page 46] 46 287 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D 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 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 Complianc Compliance Compliance Issue e Cluster Point Child Labor Child Workers under the age 15 Labourers Documentatio Age verification system n 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. Discriminat Gender Changing the employment status, ion’ position, wages, benefits, or seniority of workers during maternity leave. 7 In Better Work country-specific questionnaires, a compliance point “Other Grounds” may be included under the Discrimination cluster. This category aims to assess specific discrimination issues that are covered by national labor law, and are considered aligned with the objectives of the relevant ILO conventions (100 and 111), but which are not explicitly mentioned in the conventions, e.g., age, HIV/AIDS status, disability, etc. The questionnaire for Haiti does not include the “Other Grounds” compliance point because the Haitian labor law does not identify grounds for discrimination beyond those cited in Conventions 100 and 111. [page 47] 47 28T# COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI 4 Conditions of work (gender and/or marital status). Excluding maternity leave from workers’ period of continuous service Hiring (gender and/or marital status). Job announcements (gender and/or marital status). Pay (gender and/or marital status). Pregnancy tests or use of contraceptives as a condition of employment Promotion or access to training (gender and/or marital status). Sexual harassment 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) [page 48] 48 287 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D Termination or retirement (race, color, origin) Religion and Conditions of work (religion or political Political opinion) Opinion Harassment (religion or political opinion) Hiring (religion or political opinion) Pay (religion or political opinion) Promotion or access to training (religion or political opinion) Recruitment materials (religion or political opinion) Termination or retirement (religion or political opinion) Forced Bonded Labor 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 [page 49] 49 287 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D 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) Forced Labor Forced overtime under threat of penalty and Overtime Prison Labor Prison laborers Freedom Collective Access to collective bargaining of Bargaining agreement. Association and Collective agreement is less favorable for Collective workers than what is required by national Bargaining 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). discrimination Freedom to meet without management present. Incentives to refrain from joining a union or engaging in union activities. Punishment of unionists [page 50] 50 28T# COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D Termination or non-renewal of worker's employment contract due to union membership or activities Threats, intimidation, or harassment of unionists. Unequal treatment of multiple unions. Union membership or union activities factoring into hiring decisions Strikes The hiring of replacement workers during a strike. Preventing workers from participating in a strike. Punishing workers for participating in a strike. Security guards, the police, or armed forces are called on to break up a peaceful strike or arrest striking workers. Union Deduction of union dues upon workers” Operations request. Union representatives’ access to workers in the workplace. Compensat Method of In-kind wage payments. ion Payment Regular and timely payment of wages. Wage payment directly to workers at the workplace on working days Wage payment in legal currency. [page 51] 51 28T# COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D 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. 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 [page 52] 52 287 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D Social Security Collecting and forwarding workers’ social and Other insurance contributions funds to 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. Wage Deductions from workers’ wages. Information, Use, and Informing workers about wage payments Deduction and deductions. Payroll records. Contracts Contracting Limits on the trial period for apprentices. and Procedures Human 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 work Contracts for the factory. Employment contracts’ compliance with the labor code, collective agreement, and/or internal work rules. Internal work rules. [page 53] 53 287 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D Specifying terms and conditions of employment in written employment contracts. Workers’ understanding of the terms and conditions of employment. Termination Annual salary supplement or bonus upon termination. Notice of termination. Orders to reinstate or compensate unjustly terminated workers. Payment for unused paid annual leave upon resignation or termination. Reasons for termination. Reductions in workforce size or suspensions due to changes in operations Occupatio Chemicals and Assessing, monitoring, preventing, and/or nal Safety Hazardous limiting workers’ exposure to hazardous and health 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. [page 54] 54 287 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D Washing facilities or cleansing materials in the event of chemical exposure. Emergency Accessible, unobstructed, and/or unlocked Preparedness emergency exits during working hours, including overtime. Fire detection and alarm system. Fire-fighting equipment. Marking or posting of emergency exits and/or escape routes in the workplace. The number of emergency exits. Periodic emergency drills. Safeguarding possible sources of ignition Storage of flammable materials Training workers to use the fire-fighting equipment Health 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 [page 55] 55 28T# COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D 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. Toilets. Washing facilities and/or soap. Worker Accommodation separate from the Accommodatio workplace n 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. [page 56] 56 28T# COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D Protection against disease-carrying animals and/or insects in the accommodation. Protection against fire in the accommodation. Protection against heat, cold and/or dampness in the accommodation. Protection against noise in the accommodation. Toilets, showers, sewage, and/or garbage disposal systems in the accommodation. Ventilation in the accommodation. Water in the accommodation. Worker Ergonomic requirements Protection Installing guards on all dangerous moving parts of machines and equipment. Installing, grounding, and/or maintaining electrical wires, switches, and/or plugs. Posting safety warnings in the workplace Providing workers with personal protective clothing and equipment. Punishment of workers who removed themselves from work situations they believed presented an imminent and severe danger to life or health. Training and encouragement of workers to use PPE, machines, and/or equipment safely [page 57] 57 287 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D Working Workplace cleanliness Environment Workplace lighting. Workplace noise levels. Workplace temperature and/or ventilation. Working Leave payment in place of annual leave Time Time off for annual leave. Time off for breastfeeding breaks. Time off for maternity leave. Time off for sick leave. Overtime Authorization from the Department of Labor for overtime. Authorization from the Department of Labor for work on Sundays. Limits on overtime hours worked. Voluntary overtime. Regular Hours Daily break periods. Regular daily and/or weekly working hours. Weekly rest period. Working time records. Authorization from the Department of Labor before working at night. [page 58] 58 287T* COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D 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 Haïti. Evidence shows that public reporting of this kind helps encourage continuous improvement and reduces the probability of reversing compliance gains. In addition, gathering and reporting these data over time enables factories to demonstrate their efforts to improve working conditions. LIMITATIONS IN THE ASSESSMENT PROCESS The factory-level assessments carried out by Better Work Haiti follow a thorough checklist of about 230 questions covering the above-mentioned labor standards and gathering general information about the factory.8 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. 8 Better Work Haiti Compliance Assessment Tool (CAT) including their legal references can be accessed here: http://betterwork.org/haiti/?page_id=1731 [page 59] 59 287T* COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D 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 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 [page 60] 60 287T* COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D 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 Haiti's compliance assessment tool. Like other countries, it is one of the most sensitive and most difficult issues to detect during factory assessments. As a result, the assessment of sexual harassment in the workplace by Better Work Haïti 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 à 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 [page 61] 61 287 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI > supervisory skills training has contributed to raising awareness of this issue among supervisors in more than half of the factories in Haiti. 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. «# “s, s L L mr» : » 1 È Ÿ F - - | Lis ? L s un : L 2 ssl | | . EL 4 F é LE * 2 + à. es Go a “ el x ile : n &: L % co Ë 3 VE de £ = SR RU x EVE. r ja a Le 27 MT: . ; : , ' | l 4 HEMASHr 0e € { F FA] 4 \ . . € r à Cu” 4 *% — SN nn È, LP : Li À Lé à = J … “5 L [page 62] 62 2874 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI > Annex 4: Factories findings [page 63] 63 BETTER WORK HAITI - 28TH SYNTHESIS REPORT Le Factory: Bon Kalite International, S.A Supplier ID 3769 Location: Ouanaminthe Number of workers: 715 Date of registration: May-21 Date of last two Better Jun-23 May-24 Work assessments: Advisory and Training Services 20-Nov-24 Advisory meeting Conduct OSH tour to verify improvement made. Then, held a meeting with the Bipartite committee on accomplishment for the year. 15-Nov-24 Industry Seminar ToT Training on Core Labour Standards 13-Nov-24 Industry Seminar Workshop on DGI Taxes Calculation Methode 12-Nov-24 Industry Seminar Workshop on DGI Taxes Calculation Methode 7-Nov-24 Industry Seminar ToT Training on Compensation and Working Time 6-Nov-24 Industry Seminar Industrial Relations 5-Nov-24 Industry Seminar Hazard Risk Management and Control Training 31-Oct-24 Industry Seminar ToT Training on HR and Contract 30-Oct-24 Industry Seminar General ToT Training 22-Aug-24 Industry Seminar Virtual Workplace Cooperation & Communication (WCC). 19-Jul-24 Industry Seminar Bipartite Committee 17-Jul-24 Training Introduction to Occupational Safety and Health. 17-Jul-24 Advisory meeting Conduct OSH tour to validate pending issues on the improvement plan. Then, conduct a Short training on OSH. 11-Jul-24 Industry Seminar Chemical Management System 2-Jul-24 Industry Seminar Virtual Supervisory Skills 12-Apr-24 Advisory meeting Virtual meeting to verify the changes in the payroll such as social security contributions, payment upon terminations and leaves. Session on HR management sys 2-Apr-24 Industry Seminar Virtual Supervisory Skills 29-Feb-24 Advisory meeting Virtual meeting to present the role and objectives of the bipartite committee. Session with the compliance team on internal policies and procedures in place sucl 27-Feb-24 Industry Seminar Virtual Preventing and Addressing Sexual Harassment for Supervisory ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment May 2024 May-24 Occupational Safety and OSH Management Systems The risk procedure does not include Review the risk procedure to include a risk 36 Health allthe necessary elements. register that drives the implementation of controls May-24 Occupational Safety and OSH Management Systems The employer does not have an Develop an accident investigation 36 Health adequate accident investigation procedure that includes: Root cause procedure. analysis. Focus on sustainable solutions. Implementation of changes in order to avoid reoccurrence [page 64] 64 May-24 Occupational Safety and OSH Management Systems Management has not performed Conduct regular meeting with 36 Health regular management review and management to define and evaluate if the of the OSH policy. OSH objectives and targets are met. May-24 Occupational Safety and OSH Management Systems Management has not ensured Appoint an OSH officer with sufficient 36 Health effective functioning of the OSH expertise. Ensure effective functioning of committee. the OSH committee by conducting regular meetings. May-24 Contracts and Human Employment Contracts The factory does not have an Include the following elements in the 36 Resources adequate procedure for handling procedure: Ensuring anonymity and non- complaints and resolving disputes. retaliation, fair review, communication of changes made or resolution and an appeal process. May-24 Contracts and Human Employment Contracts The factory does not have an Include the time frame between warnings 36 Resources adequate termination procedures. and payments, the right to defend oneself prior to termination and to representation during the disciplinary process. May-24 Contracts and Human Employment Contracts The employer takes action to Develop HR system performance indicator, 36 Resources investigate violations of HR policies investigate violations of HR policies and and procedures. procedures. Perform necessary reviews periodically. May-24 Contracts and Human Employment Contracts The factory has not posted internal Post internal regulations and policies. 36 Resources regulations neither policies. Train staff on how to carry out policies and procedures. May-24 Contracts and Human Employment Contracts The factory does not have an HR Develop an internal policy that includes all 36 Resources policy as part ofits internal policy. HR policies. May-24 Working Time Leave Pregnant workers do not go on Send workers on leave 6 weeks before 36 leave 6 weeks before giving birth. giving birth. May-24 Working Time Overtime The factory did not obtain prior Request prior authorization to work 8 authorization from MAST to work overtime overtime. May-24 Working Time Overtime Workers in some department work Have a time recording system, which 8 more than 80 hours of overtime indicates the accumulated overtime per during a trimester. week, per month and per year and ensure that workers do not exceed the overtime limit. May-24 Working Time Overtime The factory did not obtain prior Request prior authorization from MAST to 8 authorization from the Department work on Sunday. of Labor to work on Sundays. [page 65] 65 May-24 Working Time Regular Hours The regular daily or weekly hours Ensure that the regular hour do not exceed 8 exceed the legal limit and therefore 8 hours per day. do not comply with the labor code. May-24 Occupational Safety and Emergency Preparedness Less than 10 percent of workers Train at least 10 percent of the workforce The factory has trained more 36 Health were trained in fire-fighting in Fire fighting equipment. workers. equipment. May-24 Occupational Safety and Emergency Preparedness The factory does not conduct an Conduct at least 2 emergency drill per Emergency Drill has been 36 Health emergency fire drill every 6 calendar year with the authorities. conducted twice. months. May-24 Occupational Safety and Emergency Preparedness Several areas ofthe factory are Provide additional space for storing goods. 36 Health obstructed by boxes or pallets of Keep aisles unobstructed. raw materials and finished goods. May-24 Occupational Safety and Health Services and First less 10 percent ofthe workforceis Train at least 10 percent ofthe workforce The factory has trained more 36 Health Aid trained in first aid as recommended in First Aid. workers. by Better Work. May-24 Occupational Safety and Health Services and First All first aid boxes were missing Equip first aid box and define responsibility Responsibility has been 36 Health Aid basic supplies. for refilling them. assigned and first aid boxes are eauipped. May-24 Occupational Safety and Health Services and First The factory does not have onsite Make a contract with a health care unit in 36 Health Aid medical facilities and staff as the surroundings and hire the required required by art. 478 and 479 ofthe medical staff. labor code. May-24 Occupational Safety and Health Services and First Medical checks were not performed Provide free medical checks at least twice a 36 Health Aid for all workers working with year for workers working with chemical chemical products. products. May-24 Occupational Safety and Welfare Facilities The eating areas do not have the Provide an eating area that can 36 Health capacity to accommodate all accommodate all the workers. workers. May-24 Occupational Safety and Welfare Facilities Insufficient number of toilets for Increase the number of toilets based on 36 Health men and women. the current workforce as required by law. May-24 Occupational Safety and Working Environment The lux level is insufficient in Increase the Lux level to at least 500 Lux in 36 Health packing area. packing area. May-24 Occupational Safety and Working Environment The temperature exceed the Provide additional fans and specify who is 36 Health recommended limit of 30 c. in charge of regular maintenance of the fans. May-24 Occupational Safety and Worker Protection The spot cleaning worker was Provide Proper Mask to spot cleaning 8 Health observed not using the provided workers and train workers to use them. PPE (MASK). [page 66] 66 May-24 Occupational Safety and Worker Protection 100% of single needle and double Define who is in charge of installing and 36 Health needle machine are missing finger regularly maintaining the machine guards. guards. May-24 Occupational Safety and Chemicals and Hazardous An eye wash station was not Provide eye wash bottles where chemicals The factory has installed Eye 36 Health Substances available in the chemical room are stored and poured. wash station where chemicals where chemical and hazardous are stored. substances are stored and poured. May-24 Occupational Safety and Chemicals and Hazardous The spot cleaning area does not Improve isolation from the chemical such The spot cleaning section has 36 Health Substances have the proper conditions to as separate room for spot cleaning. been relocated with proper prevent unnecessary exposure of conditions. workers to chemicals. May-24 Occupational Safety and Chemicals and Hazardous MSDS is not available for all Keep chemical MSDS for all hazardous The factory kept all the MSDS 36 Health Substances chemicals in the workplace. chemicals used in the workplace. and they are in the translation process. May-24 Occupational Safety and Chemicals and Hazardous Several containers of chemical and Define who control the chemical container Responsibility has been 36 Health Substances hazardous products were found on receipt from supplier and control the assigned. without proper labeling. label. May-24 Occupational Safety and Chemicals and Hazardous The chemical inventory was not Assign responsible persons for updating Responsibility has been 36 Health Substances accurate and did not include the inventories of hazardous substances inthe assigned and chemical name of all chemicals used in the various locations where they are stored or inventory is accurate. workplace. used. May-24 Occupational Safety and OSH Management Systems The factory does not adequately Train all joint OSH committee members. 36 Health communicate and implement OSH Then, post policies and work instructions policies and procedures. around the workplace. May-24 Occupational Safety and OSH Management Systems The factory did not conduct a Conduct a risk assessment that include an 36 Health general risk assessment monthly. evaluation of the risks and how to control them. May-24 Occupational Safety and OSH Management Systems The factory has an emergency Translate the procedure in local language 36 Health preparedness procedure. However, and inform workers about it. The procedure is in Spanish. May-24 Occupational Safety and OSH Management Systems The employer does not record and Record and submit work related accidents 36 Health submit work related accidents to to OFATMA monthly. OFATMA on a monthly basis. May-24 Contracts and Human Termination The calculation for the annual Include the payment for the weekly rest 8 Resources salary supplement or bonus upon dayin the calculation of annual salary termination is not accurate. supplement or bonus upon termination. [page 67] 67 May-24 Contracts and Human Termination The calculation for unused annual Include the weekly rest day payment in the 8 Resources paid leave upon termination is not calculation for unused annual leave upon accurate . termination. May-24 Contracts and Human Termination The employer provides workers Include the payment for the weekly rest 8 Resources with proper notice upon day in the calculation of notice period upon termination. However, the termination. calculation is not accurate. May-24 Contracts and Human Employment Contracts The factory does not have an Review and update the Internal work rules. 36 Resources internal work rules approved bythe Then send it to MAST for approval. Ministry of Social Affairs and Labor. May-24 Contracts and Human Employment Contracts The contract does not comply with Make an amendment to the contract to 8 Resources the labor code. The employment specify the workers' wages for the night contract for night shift workers shift. does not specify the correct salary. May-24 Compensation Social Security and Other Workers' pay slips for the last 3 Send workers pay slips for the last 3 36 Benefits months are not sent to OFATMA for months are not sent to OFATMA for payment of sick and maternity payment of sick and maternity leave. leave. May-24 Compensation Social Security and Other The factory does not collect and Collect and forward worker's contribution 36 Benerfits forward worker's contribution to to OFATMA for Maternity and Health OFATMA for Maternity and Health Insurance. Insurance. May-24 Compensation Social Security and Other The employer pays the employer's Include the weekly rest day payment in the 36 Benerfits contribution to ONA late. calculation of the employer's contribution Furthermore the calculation is to ONA. Then make the payment on time made on the minimum salary. as required by law. May-24 Compensation Social Security and Other OFATMA payments for maternity Include the weekly rest day payment in the 36 Benerfits and health insurance are not based calculation of the basic salary for OFATMA on the basic salary. payments for maternity and health insurance. Ensure that the payments are made on time. May-24 Compensation Social Security and Other The employer collects and forward Collects and forward the workers" 36 Benerfits the workers’ contribution to ONA contribution to ONA on time. Include the late. Furthermore the calculation is weekly rest day payment in the calculation made on the minimum salary. of the basic salary. May-24 Compensation Paid Leave Non working holiday pay is not Include the weekly rest day payment in the 8 based on the average earning but calculation of average earnings for non on the CODEVI's agreed minimum working holiday payment. wage of reference. [page 68] 68 May-24 Compensation Paid Leave The weekly rest day is not Compensate the weekly rest day after 48 8 compensated. hours of work or 6 days of work per week. May-24 Compensation Paid Leave The calculation of the average Include the weekly rest day payment in the 36 salary for maternity leave payment calculation maternity leave payment. does not include the weekly rest Ensure that worker receive 12 weeks of day payment. payment instead as required by law. May-24 Compensation Paid Leave The calculation of the average Include the weekly rest day payment in the 8 salary for sick leave payment does calculation for sick leave payment. not include the weekly rest day payment. May-24 Compensation Wage Information, Use and Overtime hours are not paid to Register overtime hour for foreign 8 Deduction workers who are on a fix salary. supervisors, mechanics and utility workers who are on a fix salary. Then pay them the overtime hour worked as required by law. May-24 Compensation Overtime Wages Overtime performed at night were Modify the payroll system and pay 8 pay only at 50 percent above the overtime work performed beyond 6 PM for normal wage. day shift with 100 percent above normal wage. May-24 Freedom of Association Collective Bargaining The employer failed to implement Implement all the provisions of the 19 and Collective several articles of the CBA. collective agreement. Bargaining Assessment June 2023 Jun-23 Occupational Safety and Chemicals and Hazardous The chemical inventory was not Assign responsible persons for updating Health Substances accurate and did not include the inventories of hazardous substances in the name of all chemicals used in the various locations where they are stored or workplace used. Jun-23 Occupational Safety and Chemicals and Hazardous Assessors found several containers Define who control the chemical container Health Substances without proper labelling, indicating on receipt from supplier and control the the classification hazards and label. safety precautions. Jun-23 Occupational Safety and Chemicals and Hazardous MSDS is not available for all Specify who is in charge of receiving MSDS Health Substances chemicals in the workplace. from supplier / Verify the MSDS has the needed elements. Jun-23 Occupational Safety and Chemicals and Hazardous The spot cleaning area does not Improve isolation from the chemical (e.g. Health Substances have the proper conditions to separate room for spot cleaning). prevent unnecessary exposure of workers. [page 69] 69 Jun-23 Occupational Safety and Chemicals and Hazardous The eye wash stations in several Install eye wash where chemicals are used. Health Substances areas, are used are not functioning properly. Jun-23 Freedom of Association Collective Bargaining The employer failed to implement Implement the CBA as agreed with and Collective the CBA provisions. workers 'representatives. Bargaining Jun-23 Occupational Safety and Emergency Preparedness The fire extinguishers are not Mark on the floor area that should not be Health properly maintained. 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 Discuss with the General Manager and Health obstructed by boxes or pallets of rearrange the sewing floor. raw materials and finished goods. Jun-23 Occupational Safety and Emergency Preparedness Fire drill are not conducted twice a Conduct at least one emergency drill every Health year as recommended. 6 months including full evacuation of the workforce Jun-23 Occupational Safety and Emergency Preparedness The workers are not aware of the Ensure that the evacuation routes are not Health risks. The last fire drill was obstructed during working hours. Conduct conducted in September of 2022. fires drills every six months. Jun-23 Occupational Safety and Emergency Preparedness The training records provided Provide additional training on fire fighting Health revealed that less than 10 percent equipment of workers were trained in fire- Have a system in place to monitor trained fighting equipment. workers Jun-23 Contract and Human Employment Contracts The contract does not comply with Ensure that foreign workers contract are Resources the labor code. The employment signed by both parties and it complies with contract for Dominican workers is the Haitian labor code not signed by both parties. In addition the hours of work is different from the regular hours of Jun-23 Contract and Human Employment Contracts The factory does not have an Translate the internal work rules in local Resources internal work rules approved bythe language and submit it to the ministry of Ministry of Labor. labor for proper authorization Jun-23 Contract and Human Employment Contracts The factory does not have an HR Develop an HR policies. Resources policy as part of its internal policy. Jun-23 Contract and Human Employment Contracts The factory does not communicate … Post the internal regulations Resources HR procedures and policies and trained staff on how to carry out adequately. policies and procedures. [page 70] 70 Jun-23 Contract and Human Employment Contracts There is no evidence that the Develop HR performance indicator. Resources employer takes action to investigate violations of HR policies and procedures. Jun-23 Contract and Human Employment Contracts The termination procedure does Include the time frame between warnings Resources not include all the necessary and payments, the right to defend oneself elements. prior to termination and to representation during the disciplinary process. Jun-23 Contract and Human Employment Contracts The grievance procedure does not Include in the procedure fair review, Resources ensure anonymity and non- communication of changes made or retaliation, include all the necessary resolution and an appeal process, ensuring elements. anonymity and non-retaliation. Jun-23 Occupational Safety and Health Services and First Worker did not receive the health Pay the health cards and request OFATMA Health Aid cards within the first 3 months of to conduct the health checks. hiring. Jun-23 Occupational Safety and Health Services and First No evidence of medical checks for Conduct the health checks twice a year. Health Aid workers exposed to work-related hazards were present in worker's files. Jun-23 Occupational Safety and Health Services and First No evidence of annual medical Pay the health cards and request OFATMA Health Aid checks were present in worker's to conduct the health checks. files. Jun-23 Occupational Safety and Health Services and First The factory does not have onsite Set up a clinic approved by the Authorities Health Aid medical facilities and staff as or Hire the required medical staff. required by art. 478 and 479 of the labor code. Jun-23 Occupational Safety and Health Services and First First aid box was. In addition, the Equip first aid box and define responsibility Health Aid inventor)y list in not accurate. for refilling. Jun-23 Occupational Safety and Health Services and First Less than 10% of workers trained in Provide additional training on first aid to Health Aid first aid. workers. Jun-23 Working Time Leave Pregnant workers do not go on Develop a procedure for maternity leave leave 6 weeks before giving birth, and send pregnant workers on leave 6 as required by the labor code. weeks before giving birth. Jun-23 Occupational Safety and OSH Management Systems The factory did not conduct a Create a daily, weekly or a monthly Health general OSH assessment monthly. checklist. Assign someone to conduct the monthly inspection. [page 71] 71 Jun-23 Occupational Safety and OSH Management Systems Management has not ensured Ensured effective functioning of the OSH Health effective functioning of the OSH committee. committee. Jun-23 Occupational Safety and OSH Management Systems The employer has not : Train and post the names of OSH Health Trained all joint OSH committee committee members. members and posted the names of OSH committee members. Jun-23 Occupational Safety and OSH Management Systems Management does not regularly Hold a meeting with top management to Health review the effectiveness of develop OSH measurable objectives and management system. targets. Jun-23 Occupational Safety and OSH Management Systems The employer does not have an Develop an accident investigation Health adequate accident investigation procedure that includes: root cause procedure. 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 include a risk register that drives the Health all the necessary elements. implementation of controls. Jun-23 Compensation Paid Leave The factory only paid 6 weeks of Register workers to OFATMA maternity maternity leave where workers are and health insurance. entitled to 12 weeks of payment. Jun-23 Working Time Regular Hours Worker's interview revealed that Develop a procedure regarding additional The factory has informed all some workers with apparent breaks for pregnant workers and inform pregnant women of their right pregnancy are not allowed the workers of their rights. and also provide the additional additional breaks. breaks. Jun-23 Compensation Social Security and Other The factory has paid OFATMA for Pay OFATMA work related accident on Benefits Work Related Accident Insurance time. late and did not provide any proof of agreement D117:D122with Jun-23 Compensation Social Security and Other The employer collects and forward Calculate ONA deduction on Workers' Benefits the workers contribution to ONA basic salary late. Furthermore the calculation is Forward worker's contribution to ONA made on the minimum salary. 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 registered with Register with OFATMA for maternity and Benerfits OFATMA for Maternity and Health health insurance. Insurance. The employer does not pay 3% of workers" basic salary to OFATMA for Maternity and Health Insurance. [page 72] 72 Jun-23 Compensation Social Security and Other The employer pays the employer's Calculate ONA deduction on Workers" Benerfits contribution to ONA late. basic salary Furthermore the calculation is Forward employers' contribution to ONA made on the minimum salary. within the first 10 business days of the next month for the previous month Jun-23 Compensation Social Security and Other The factory does not collect and Collect and forward worker's and Benerfits forward worker's contribution to employers' contribution to OFATMA within OFATMA for Maternity and Health the first 10 business days of the next Insurance. The factory is not month for the previous month. registered with OFATMA. Jun-23 Compensation Social Security and Other Management interview revealed Register with OFATMA and send workers" Benerfits that workers pay slips for the last 3 pay slip for sick leave and maternity leave. months are not sent to OFATMA for payment of sick and maternity leave. The factory makes the pavments Jun-23 Occupational Safety and Welfare Facilities Insufficient number of toilets for Increase the number of toilets according to Health men and women. the law. Jun-23 Occupational Safety and Welfare Facilities The water test is not conducted on Conduct the water test monthly. The water test is conducted Health a monthly basis by a certified monthly. laboratory. Jun-23 Occupational Safety and Welfare Facilities The eating areas do not have the Provide an eating Area that can Health capacity to accommodate all accommodate all the workers workers. Jun-23 Occupational Safety and Worker Protection The employer did not provide all Provide PPE in accordance with the Health required PPESs. company regulation. Develop a monitoring plan. Jun-23 Occupational Safety and Worker Protection No evidence of training was Develop an OSH training plan. Train Health available during 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 Install the machine guards in accordance Health needle machine are missing finger with the company regulation. guards, Jun-23 Occupational Safety and Worker Protection During the factory tour assessors Provide chairs with backrest to workers. Health observe several chairs missing back rest. Jun-23 Occupational Safety and Working Environment The temperature exceed the Increase the ventilation with additional Health recommended limit of 30 c in fans. Pressing and cutting section. [page 73] 73 BETTER WORK HAITI - 28TH SYNTHESIS REPORT ", Factory: BrandM Apparel Haiti - AM1 Supplier ID 4630 Location: Ouanaminthe Number of workers: 842 Date of registration: May-19 Date of last two Better Work May-23 May-24 assessments: Note : This factory closed its doors in November of 2024 Advisory and Traininq Services 8-Nov-24 Advisory meeting Summary of the advisory visit: Meeting with management: Follow-up on actual number of workers at the factory, last ONA payments and payments for OFATMA accident for 2023-2024. Factory tour to verify the final closure and the packing of machines and equipment. Review dismissed workers" files for severance payment. Review maternity leave payment. Follow-up on Legal Requirements for a responsible closure. 19-Sep-24 Advisory meeting Summary of the advisory visit: Meeting with management Follow-up on actual number of workers at the factory, last ONA payment and payment for OFATMA accident 2023-2024. Factory tour with the bipartite committee to verify the sections that already closed. Review dismissed workers" files for severance payment. - Review maternity leave payment. Added all corrective actions completed in the improvement plan. Meeting with the Bipartite committee and the unions: Follow-up on factory closure and retrenchment process Follow-up on Legal Requirements for a responsible closure. 29-Aug-24 Advisory meeting Advisory visit with management only to discuss the following: Factory closure and retrenchment process Review Last payments for ONA and OFATMA Review dismissed workers’ files for severance payment Review maternity leave payment 26-Aug-24 Advisory meeting Summary of the advisory visit: Meeting with management: Follow-up on factory actual situation. Follow-up on actual number of workers at the factory, last ONA payment and payment for OFATMA accident 2023-2024. Provide guidelines on the Legal Requirements for a responsible closure. 12-Jul-24 Advisory meeting 11-Jul-24 Industry Seminar Chemical Management System 24-May-24 Advisory Services Meeting to review the summary report from the last assessment with the bipartite committee and follow-up on the improvement the factory has already done. Conduct a factory tour with the factory's compliance officer, to verify the OSH issues that the factory already solved. 10-Apr-24 Industry Seminar Virtual Preventing and Addressing Sexual Harassment for Workers 2-Apr-24 Industry Seminar Virtual Supervisory Skills [page 74] 74 19-Mar-24 Industry Seminar Virtual Workers' Rights & Responsibilities 26-Jan-24 Advisory Services Meeting with management to: Follow-up on factory actual situation. Follow-up on OFATMA insurance implementation. Follow-up on actual number of workers at the factory, last ONA payment and payment for OFATMA accident 2023-2024. Review and update the improvement plan. Advise the factory on the incoming question in the new assessment based on the 3*8 law that the government put on hold. Add all corrective actions completed in the improvement plan. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment May 2024 May-24 Occupational Safety and Health OSH Management The OHS policy does not meet allthe Update and adjust OHS policy 31 Systems requirements. and procedures. May-24 Occupational Safety and Health OSH Management The factory does not have a Update and adjust hazard/risk 31 Systems hazard/risk management and control management and control procedure that includes all the procedures. requirements May-24 Occupational Safety and Health OSH Management The employer has failed to investigate, Ensure that all OSH issues are 31 Systems monitor and measure OHS issues as investigated, monitored and required. measured accurately. May-24 Occupational Safety and Health OSH Management The employer does not adequately Assign a dedicated OSH Officer. 31 Systems assigns accountability for health and Ensure that the factory conduct safety to OSH Officers and HR the joint OSH Committee Director. meetings to address OSH issues. May-24 Contracts and Human Employment Contracts The factory does not have grievance Update and adjust grievance 31 Resources handling and dispute resolution handling and dispute resolution procedures that includes all the steps. procedures and include all the necessary steps. May-24 Contracts and Human Employment Contracts The factory does not have a Update and adjust the 31 Resources disciplinary and termination disciplinary and termination procedures, that includes all the steps. procedures and include all the necessary steps. May-24 Contracts and Human Employment Contracts The factory does not fully investigates Perform regular investigation of 31 Resources performance of HR. HR performance and shortcomings and review the procedures accordingly. May-24 Contracts and Human Employment Contracts The factory's HR policy is not signed Make sure the HR policy is sign 31 Resources by Top management. by the top management of the factory. [page 75] 75 May-24 Working Time Overtime The factory did not obtain prior Request authorization from MAST 10 authorization from MAST to perform before working overtime. overtime. May-24 Working Time Overtime The factory does not comply with the Ensure that workers do not 10 limit on overtime hours worked. exceed the limit of overtime hours specified in the Labor Code. May-24 Working Time Overtime The factory did not obtain prior Request prior authorization from 10 authorization from MAST to perform MAST before working on overtime on Sundays. Sundays. May-24 Working Time Regular Hours The night shift schedule was not Post the factory's working hours 6 posted on the factory floor. for all shifts including break time in the workplace. May-24 Working Time Regular Hours The regular daily or weekly hours Modify the regular daily or 10 exceed the legal limit as specify in the weekly hours to comply with the labor code. labor code. May-24 Occupational Safety and Health Emergency Preparedness Insufficient number of workers Train at least 10 percent of the 6 trained in the use of fire-fighting workforce in the use of fire- training. fighting training. May-24 Occupational Safety and Health Emergency Preparedness Assessors noticed rechargeable bulb Make sure the sources of ignition 23 covered by pieces of fabric in some are protected. sections. May-24 Occupational Safety and Health Emergency Preparedness Obstructed aisles in several sections Keep routes unobstructed during 6 of the workspace. working hours. May-24 Occupational Safety and Health Emergency Preparedness Unmarked escape routes, were Ensure that the escape routes in 62 observed during the assessment. all building are clearly marked. May-24 Occupational Safety and Health Emergency Preparedness Improper maintenance of fire Provide adequate firefighting 62 extinguishers. equipment and ensure regular maintenance is done. May-24 Occupational Safety and Health Health Services and First Insufficient number of workers Train at least 10 percent of the 6 Aid trained in first aid. workforce in first aid. [page 76] 76 May-24 Occupational Safety and Health Health Services and First First aid boxes are missing basic The factory needs to designate a 43 Aid items. person to monitor all first aid boxes and ensure items are replaced in time. May-24 Occupational Safety and Health Health Services and First The factory does not have an onsite Ensure that the free zone or the 62 Aid medical facilities and staff as required factory has adequate medical by labor code. facilities May-24 Occupational Safety and Health Health Services and First Medical checks is not conducted twice Provide health checks to workers 62 Aid a year for workers working with exposed to work-related hazards chemicals at least twice a year. May-24 Occupational Safety and Health Welfare Facilities Soap was not available in men's and Ensure that soap is available in all 6 women's toilets. toilets. May-24 Occupational Safety and Health Welfare Facilities Insufficient number of Toilets. Increase the number of toilets. 59 May-24 Occupational Safety and Health Working Environment Light levels were inappropriate in Ensure the lighting is adequate 43 some working sections. and adapted to worker's needs. May-24 Occupational Safety and Health Working Environment Workplace temperature level is Monitor the temperature level 62 unacceptable. and maintain it under 30C inside the workplace. May-24 Occupational Safety and Health Worker Protection Several chairs, were missing backrest. Provide chairs with backrest to 62 workers. May-24 Occupational Safety and Health Worker Protection Improper maintenance of electrical Ensure that all circuit breakers 43 system of the factory. are identified. May-24 Occupational Safety and Health Worker Protection Single needle Sewing machines were Install the proper safety guards 62 missing finger guards. on all machines. [page 77] 77 May-24 Occupational Safety and Health Worker Protection The factory did not provide Provide appropriate PPE to all 62 appropriate PPE to all workers. workers, wherever it is needed . May-24 Occupational Safety and Health Chemicals and Hazardous The spot cleaning area where The factory needs to install The factory installed the 62 Substances chemicals are used, does not have an eyewash stations in all areas missing eyewash stations. adequate eye washing station. where chemical products are used. May-24 Occupational Safety and Health Chemicals and Hazardous The vacuum machine in the spot The factory needs to ensure that 62 Substances cleaning was not functioning. the vacuum machine is working properly. May-24 Occupational Safety and Health Chemicals and Hazardous MSDSSs are not available in local Translate MSDS in the local 62 Substances language for all chemicals used inthe language and post them where workplace. chemical products are used. May-24 Occupational Safety and Health Chemicals and Hazardous Chemical and hazardous substances Label all chemicals and 62 Substances are not properly labelled. hazardous substances used in the workplace May-24 Occupational Safety and Health Chemicals and Hazardous Inventory of chemicals and hazardous Prepare an inventory for 43 Substances substances was not available. chemical and hazardous substances in the workplace and keep the inventory updated. May-24 Occupational Safety and Health OSH Management The factory does not submit records Submit all work-related accidents 6 Systems of work-related accidents and and diseases records to OFATMA diseases to OFATMA on a monthly on a monthly basis. basis. May-24 Contracts and Human Termination The employer does not pay workers Pay workers their annual salary 6 Resources their annual salary supplement or supplement upon termination bonus correctly upon termination. . and include weekly rest day payment in the calculation. May-24 Contracts and Human Termination The employer does not compensate Pay the unused paid annual leave 6 Resources workers properly for unused annual upon termination and include paid leave. weekly rest day payment in the calculation May-24 Contracts and Human Termination The employer does not compensate Pay the applicable notice period 6 Resources workers properly for the applicable and include weekly rest day notice period. payment in the calculation. [page 78] 78 May-24 Contracts and Human Contracting Procedures The security guards do not receive any Provide the require lunch breaks 6 Resources breaks during their 11-hour workday. to the security guards as required by the Labor Code. May-24 Contracts and Human Employment Contracts The clauses regarding hours of work Update the internal work rules 6 Resources in the internal work rules are less and send it to MAST for approval favorable than the law. to be in compliance with the labor Code. May-24 Compensation Social Security and Other The factory does not send workers Send workers pay slip to OFATMA 23 Benefits pay slip to OFATMA for sick leave and for sick leave and maternity leave maternity leave payment. payment. May-24 Compensation Social Security and Other The factory does not collect and Collect and forward workers 62 Benefits forward workers contribution to contribution to OFATMA OFATMA maternity and health insurance on the basic salary. May-24 Compensation Social Security and Other The calculation of employer's Calculate ONA contributions on 62 Benefits contribution for ONA payment is the basic salary. inaccurate. May-24 Compensation Social Security and Other The calculation of employer's Calculate employers' 62 Benefits contribution for OFATMA paymentis contributions for OFATMA on the inaccurate basic salary. May-24 Compensation Social Security and Other The calculation of workers" Calculate ONA contributions on 62 Benefits contribution for ONA payment is the basic salary. inaccurate. May-24 Compensation Social Security and Other Inaccurate payment for annual salary Pay annual salary supplement or 6 Benefits supplement or bonus. bonus based on average earnings, including the weekly rest day as required by the law. May-24 Compensation Social Security and Other The factory is affiliated with OFATMA Have an agreement with OFATMA 62 Benefits for work-related accidents and regarding the payment process. provided proof of having paid 50 percent of the total amount. May-24 Compensation Paid Leave Inaccurate payment for non working Pay non working holiday on the 6 holiday. average earning as required by the law. [page 79] 79 May-24 Compensation Paid Leave Inaccurate payment for maternity Calculate the maternity leave 62 leave. payment on worker's average daily earnings. Pay 12 weeks of maternity leave to workers May-24 Compensation Paid Leave Inaccurate sick leave payment. Pay sick leave based on average 62 earnings, including the weekly rest day as required by the law. May-24 Compensation Paid Leave Inaccurate payment for annual leave. Pay annual leave based on 6 average earnings, including the weekly rest day as required by the law. May-24 Compensation Wage Information, Use The employer does not pay workers Pay the weekly rest day as 6 and Deduction for the weekly rest day. required by the law. May-24 Compensation Overtime Wages The employer does not pay 100% Pay 100% above the normal 6 above the normal wage for overtime hours for overtime hours worked hours worked at night. at night. May-24 Freedom of Association and Collective Bargaining Violation of the CBA. Review the CBA and implement 23 Collective Bargaining all articles as stated in the document. Assessment May 2023 May-23 Occupational Safety and Health OSH Management The OSH policy signed by senior Update and adjust the OSH policy The factory fix the issue with Systems management does not meet all the and procedures. the OSH policy. requirements. May-23 Occupational Safety and Health OSH Management The factory does not have a Update and adjust hazard/risk Systems hazard/risk management and control management and control procedure that includes all the procedures. requirements. May-23 Occupational Safety and Health OSH Management The factory's accident investigation Update and adjust the accident Systems procedure does not have all the investigation procedure. necessary steps. May-23 Occupational Safety and Health OSH Management The employer has failed to investigate, Ensure that all OSH issues are Systems monitor and measure OSH issues as investigated, monitored and required. measured accurately. May-23 Occupational Safety and Health OSH Management The factory does not adequately Ensure that training are provided Systems communicate and implement OSH to all relevant staff. policies and procedures. [page 80] 80 May-23 Occupational Safety and Health OSH Management The employer does not adequately Ensure that the factory conduct Systems 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 grievance Update and adjust the grievance Resources handling and dispute resolution policies and procedures. procedure that meets all the requirements. May-23 Contracts and Human Employment Contracts The factory currently applies Codevi's Update and adjust disciplinary The factory update the HR Resources disciplinary and termination and termination procedures. Procedure and add disciplinary procedures, which does not include all and termination procedures in the steps. it. May-23 Contracts and Human Employment Contracts The factory does not fully investigates Ensure that all parameters are Resources 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 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 The HR policy is signed by top Resources include all the necessary elements. by the top management of the management. factory. May-23 Working Time Leave Pregnant workers do not go home6 Ensure that pregnant workers weeks before giving birth. are going home 6 weeks before giving birth. May-23 Occupational Safety and Health Emergency Preparedness Improper control of electrical issues. 1. Make sure the source of The factory fix the source of ignition problem is fix. ignition problem. May-23 Occupational Safety and Health Emergency Preparedness Unmarked escape routes, on the Ensure that the escape routes in factory floor. the component area are clearly marked May-23 Occupational Safety and Health Emergency Preparedness Fire extinguishers are not properly Provide adequate firefighting The factory replaced the fire maintained equipment and Ensure regular extinguishers with low maintenance is done pressure. May-23 Occupational Safety and Health Emergency Preparedness Alarm has not been installed in the The factory needs to install fire The factory install a fire alarm component area. detection system in all areas of system in the component area the workplace. May-23 Occupational Safety and Health Health Services and First One first aid box is not identified and The factory needs to designate a The factory identified the first Aid one contain expired products. person to monitor all first aid aid box, removed the expired boxes. product and replace by a new one. [page 81] 81 May-23 Occupational Safety and Health Health Services and First The factory does not have an onsite Ensure that the free zone or the Aid medical facilities and staff as required factory has adequate medical by labor code. facilities May-23 Occupational Safety and Health Health Services and First Free health checks was not provided Provide health checks to workers The factory has completed the 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 Health Welfare Facilities Insufficient number of toilets. Increase the number of toilets. May-23 Occupational Safety and Health Working Environment The sewing floor was not clean and Ensure that the workplace is The factory clean all the tidy.; always clean and tidy. workplace. May-23 Occupational Safety and Health Working Environment light levels were inappropriate in Ensure the lighting is adequate some working sections. and adapted to worker's needs. May-23 Occupational Safety and Health Working Environment Workplace temperatures levels are Monitor the temperature level unacceptable. and maintain it under 30 C inside the workplace. May-23 Occupational Safety and Health Worker Protection Several chair without backrests inthe Provide chairs with backrest to The factory replaced the chairs sewing areas and standing mats were workers. without backrest not available to all workers. May-23 Occupational Safety and Health Worker Protection Improper maintenance of electrical Ensure that all circuit breakers The factory labelled all circuit system of the factory. are labelled. breakers May-23 Occupational Safety and Health Worker Protection Single needle Sewing machines were Install the proper safety guards missing finger guards. on all machines. May-23 Occupational Safety and Health Worker Protection The factory did not provide Provide proper PPE to all workers appropriate PPE to all workers. using chemical products. May-23 Occupational Safety and Health Chemicals and Hazardous Eye wash station is not available inthe The factory needs to install The factory added the Eye Substances mechanic workshop, eyewash station in all areas wash where chemicals are where chemical products are used in the mechanic used. workshop May-23 Occupational Safety and Health Chemicals and Hazardous The factory does not have appropriate The factory needs to have an Substances 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. [page 82] 82 May-23 Occupational Safety and Health Chemicals and Hazardous MSDSs are not available in local Translate MSDS in the local The factory added all the Substances language for all chemicals used in the language and post them where missing MSDS workplace. chemical products are used. May-23 Occupational Safety and Health Chemicals and Hazardous Chemical and hazardous substances Label all chemicals and The factory remove the 2 Substances are not properly labelled. hazardous substances used in unlabeled containers the workplace. May-23 Occupational Safety and Health Chemicals and Hazardous Inventory of chemicals and hazardous Update inventory of chemicals Chemical inventory is updated Substances substances is not updated. and hazardous substances inthe all chemical are mentioned on workplace. it with all necessaries information. May-23 Occupational Safety and Health OSH Management Workers are not informed and they do Perform the general occupational The compliance manager is Systems 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 internal Send the factory internal work The factory has an internal Resources work rules approved by the Ministry rules to MAST for approval. work rules approved by MAST of Labor. on August 16, 2023. May-23 Compensation Social Security and Other The factory did not send workers pay Send workers pay slip to OFATMA Benefits slip to OFATMA for sick leave and for sick leave and maternity leave maternity leave payment. payment. May-23 Compensation Social Security and Other The factory does not collect and Collect and forward workers Benefits forward workers contribution to contribution to OFATMA OFATMA maternity and health insurance on the basic salary. May-23 Compensation Social Security and Other The calculation of employer's Calculate ONA contributions on The factory pay employer's Benefits contribution for ONA payment is the basic salary, and forward it contribution to ONA on time. inaccurate and payments are made on time. late consistently. May-23 Compensation Social Security and Other The Factory does not forward Forward employer's contribution 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 Benefits contribution for ONA payment is the basic salary, and forward it contribution to ONA on time. inaccurate and payments are made on time. late consistently. May-23 Compensation Social Security and Other Inaccurate payments for OFATMA Keep records of the salary Benefits accident insurance. statement sent to OFATMA [page 83] 83 May-23 Compensation Paid Leave The lunch break is not compensated in Pay the lunch break. The June 13 decree suspends the payroll. the 3*8 law. The payment of the lunch break is no longer required. May-23 Compensation Paid Leave Inaccurate payment for maternity Calculate the maternity leave leave. payment on worker's average daily earnings. Pay 12 weeks of maternity leave to workers May-23 Compensation Paid Leave Inaccurate sick leave payment. Pay sick leave based on average earnings. May-23 Freedom of Association and Collective Bargaining Violation of the CBA. Review the CBA and implement Collective Bargaining all articles as stated in the document. [page 84] 84 BETTER WORK HAITI - 28TH SYNTHESIS REPORT ., Factory: BrandM Apparel Haïti - AM2 Supplier ID 3102 Location: Ouanaminthe Number of workers: 783 Date of registration: May-19 Date of last two Better May-23 Apr-24 Work assessments: Advisory and Training Services 15-Nov-24 Industry Seminar ToT Training on Core Labour Standards 14-Nov-24 Industry Seminar Bipartite Committee 13-Nov-24 Industry Seminar Workshop on the calculation method for DGI Taxes 12-Nov-24 Industry Seminar Workshop on the calculation method for DGI Taxes 8-Nov-24 Advisory meeting Summary of the advisory visit Meeting with bipartite committee: Follow-up on factory actual situation. Follow-up on the legal requirements about the coming annual leave for this year. Follow-up on actual number of workers at the factory, last ONA payment and the final payment for OFATMA accident. Complete a factory tour with the committee Follow-up with the factory regarding access to their portal 7-Nov-24 Industry Seminar ToT Training on Compensation and Working Time 6-Nov-24 Industry Seminar Industrial Relations 5-Nov-24 Industry Seminar Hazard Risk Management and Control Training 31-Oct-24 Industry Seminar ToT Training on HR and Contract 30-Oct-24 Industry Seminar General ToT Training 19-Sep-24 Advisory meeting Summary of the advisory visit Meeting with management: Follow-up on factory actual situation. Follow-up on OFATMA insurance implementation Follow-up on actual number of the factory, last ONA payment and payment for OFATMA accident 2023-2024. Factory tour with the bipartite committee Meeting with the Bipartite committee: Review the IP 22-Aug-24 Industry Seminar Virtual Workplace Cooperation & Communication (WCC) 12-Jul-24 Advisory meeting Summary of the advisory visit: Meeting with management:- Follow-up on factory actual situation. Follow-up on OFATMA insurance implementation Follow-up on actual number of the factory, last ONA payment and payment for OFATMA accident 2023-2024. Factory tour with the bipartite committee Review and update the improvement plan. Added all corrective actions completed in the improvement plan. Meeting with the Bipartite committee: Follow-up on factory actual situation. Raviau the TD 11-Jul-24 Industry Seminar Chemical Management System 5-Jul-24 Industry Seminar Virtual Emergency Preparedness [page 85] 85 17-May-24 Advisory services Meeting to review the summary report from the last assessment with the bipartite committee and follow-up on the improvement the factory had already done. Conducted factory tour with the factory compliance officer, to verify the OSH issues that the factory already solved. 23-Jan-24 Advisory services Summary of the advisory visit Meeting with management: Follow-up on factory actual situation. Follow-up on OFATMA insurance implementation Follow-up on actual number of the factory, last ONA payment and payment for OFATMA accident 2023-2024. Review and update the improvement plan. Advise the factory on the incoming question in the new assessment based on the 3*8 law the government put on hold. Added all corrective actions completed in the improvement plan. Provided a 2 hours training on workers rights and responsibilities to workers. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment April 2024 Apr-24 Occupational Safety and OSH Management Systems The OHS policy is not signed by senior Update and adjust OHS policy and 27 Health management and does not meet all the procedures. requirements. Apr-24 Occupational Safety and OSH Management Systems The factory does not have a hazard/risk Update and adjust hazard/risk 27 Health management and control procedure that management and control includes all the requirements. procedures. Apr-24 Occupational Safety and OSH Management Systems The factory's accident investigation Update and adjust the accident 19 Health procedure does not have all the necessary _ investigation procedure. steps. Apr-24 Occupational Safety and OSH Management Systems The employer has failed to investigate, Ensure that all OSH issues are 27 Health monitor and measure OHS issues as investigated, monitored and required. measured accurately. Apr-24 Occupational Safety and OSH Management Systems The employer does not adequately assigns Assign a designated OSH Officer. 27 Health accountability for health and safety to OSH Ensure that the factory conduct the Officers and HR Director. joint OSH Committee meetings to address OSH issues. Apr-24 Contracts and Human Employment Contracts The factory does not have a disciplinary Update and adjust disciplinary and 27 Resources and termination procedures, that includes termination procedures. allthe steps. Apr-24 Contracts and Human Employment Contracts The factory does not fully investigates Ensure that all parameters are 27 Resources performance of HR. reviewed during the HR review. Apr-24 Contracts and Human Employment Contracts The factory does not adequately Ensure that all the steps are in place 27 Resources communicate and implement HR policies in the factory. Provide training to and procedures. HR personnel on the implementation of the policy. Post the policy on the floor. [page 86] 86 Apr-24 Contracts and Human Employment Contracts The factory HR policy is not signed by Top Make sure the HR policy is sign by The factory updated and 19 Resources management. the top management of the factory. adjust the HR policy and procedure. Apr-24 Working Time Leave Inaccurate maternity leave to pregnant Ensure that pregnant workers go on 19 workers. maternity leave 6 weeks before giving birth. Apr-24 Working Time Overtime The factory does not comply with the limit Ensure that workers do not exceed 2 on overtime hours worked. the limit of overtime hours specify in the Labor Code. Apr-24 Working Time Overtime The factory did not obtain prior Request prior authorization from 2 authorization from MAST to perform MAST before working overtime. overtime. Apr-24 Working Time Regular Hours The regular daily or weekly hours exceed Modify the regular daily or weekly 2 the legal limit as specify in the labor code. hours to comply with the labor code. Apr-24 Occupational Safety and Emergency Preparedness Assessors noticed rechargeable bulb Make sure the source of ignition The factory fixed the source of 19 Health covered by pieces of fabric in some problem is protected. ignition problem. sections. Apr-24 Occupational Safety and Emergency Preparedness Obstructed aisles in several sections ofthe Keep routes unobstructed during 2 Health workspace. working hours. Apr-24 Occupational Safety and Emergency Preparedness Inaccurate evacuation plan. Update and post an evacuation 2 Health plans for all buildings. Apr-24 Occupational Safety and Health Services and First The factory does not have an onsite Ensure that the free zone or the 58 Health Aid medical facilities and staff as required by factory has adequate medical labor code. facilities. Apr-24 Occupational Safety and Health Services and First Free health checks was not provided to Provide health checks to workers 58 Health Aid workers exposed to work-related hazards exposed to work-related hazards at twice a year. least twice a year. Apr-24 Occupational Safety and Welfare Facilities Soap was not available in men's and Ensure that soap is available in all 2 Health women's toilets. toilets. Apr-24 Occupational Safety and Welfare Facilities Insufficient number of Toilets. Increase the number of toilets. 55 Health Apr-24 Occupational Safety and Working Environment Light levels were inappropriate in some Ensure the lighting is adequate and 39 Health working sections. adapted to worker's needs. Apr-24 Occupational Safety and Working Environment Workplace temperatures levels are Monitor the temperature level and 58 Health unacceptable. maintain it under 30C inside the workplace. [page 87] 87 Apr-24 Occupational Safety and Worker Protection Improper maintenance of electrical system Circuit breakers need to be properly The factory labelled all circuit 39 Health ofthe factory. labelled. breakers Apr-24 Occupational Safety and Worker Protection Single needle Sewing machines were Install the proper safety guards on 58 Health missing finger guards. all machines. Apr-24 Occupational Safety and Worker Protection The factory did not provide appropriate Provide appropriate PPE to all 58 Health PPE to all workers. workers, where it is needed. Apr-24 Occupational Safety and Chemicals and Hazardous MSDSs are not available in local language Translate MSDS in the local The factory added all the 58 Health Substances for all chemicals used in the workplace. language and post them where missing MSDS chemical products are used. Apr-24 Occupational Safety and Chemicals and Hazardous Inventory of chemicals and hazardous Update inventory of chemicals and 39 Health Substances substances is not updated. hazardous substances in the workplace. Apr-24 Occupational Safety and OSH Management Systems The factory did not provide evidence that Conduct and keep records of the 19 Health the OSH assessments is performed on a monthly OSH assessment results. regular basis. Apr-24 Contracts and Human Termination The employer does not pay workers their Pay workers their annual salary 2 Resources annual salary supplement or bonus supplement upon termination and correctly upon termination. include weekly rest day payment in the calculation. Apr-24 Contracts and Human Termination The employer does not compensate Pay the unused paid annual leave 2 Resources workers properly for unused annual paid upon termination and include leave. weekly rest day payment in the calculation. Apr-24 Contracts and Human Employment Contracts The internal work rules does not comply Update the internal work rules and The factory no longer 58 Resources with the labor code law. send it to MAST for approval. operates at night. Apr-24 Contracts and Human Employment Contracts The contract for the night shift and Update the contract of all workers 2 Resources Dominicans workers does not comply with in the factory to be in compliance the internal work rules. with the internal work rules. Apr-24 Compensation Social Security and Other The factory did not send workers pay slip Send workers pay slip to OFATMA 19 Benefits to OFATMA for sick leave and maternity for sick leave and maternity leave leave payment. payment. Apr-24 Compensation Social Security and Other The factory does not collect and forward Collect and forward workers 58 Benerfits workers" contribution to OFATMA. contribution to OFATMA maternity and health insurance on the basic salary. Apr-24 Compensation Social Security and Other The calculation of employer's contribution Calculate ONA contributions on the 58 Benefits for ONA payment is inaccurate. basic salary. [page 88] 88 Apr-24 Compensation Social Security and Other The calculation of employer's contribution Calculate employers' contributions 58 Benefits for OFATMA payment is inaccurate. for OFATMA on the basic salary. Apr-24 Compensation Social Security and Other The calculation of workers" contribution Calculate ONA contributions on the 58 Benerfits for ONA payment is inaccurate. basic salary. Apr-24 Compensation Paid Leave The employer does not pay workers for Pay the weekly rest day as required 2 the weekly rest day. by the law. Apr-24 Compensation Paid Leave Inaccurate payment for maternity leave. Calculate the maternity leave 58 payment on worker's average daily earnings. Pay 12 weeks of maternity leave to workers Apr-24 Compensation Paid Leave Inaccurate sick leave payment. Pay sick leave based on average 58 earnings, including the weekly rest day as required by the law. Apr-24 Compensation Overtime Wages The employer does not pay 100% above Pay 100% above the normal hours 2 the normal wage for overtime hours for overtime hours worked at night. worked at night. Apr-24 Compensation Overtime Wages The employer does not pay 50% above the Pay 50% above the normal hours for 2 normal hours for overtime worked on overtime worked on weekly rest weekly rest day. day. Apr-24 Freedom of Association Collective Bargaining Violation of the CBA. Review the CBA and implement all 19 and Collective Bargaining articles as stated in the document. Assessment May 2023 May-23 Occupational Safety and OSH Management Systems The OSH policy signed by senior Update and adjust the OSH policy The factory fix the issue with Health management does not meet all the and procedures. the OSH policy. requirements. May-23 Occupational Safety and OSH Management Systems The factory does not have a hazard/risk Update and adjust hazard/risk Health management and control procedure that management and control includes all the requirements. procedures. May-23 Occupational Safety and OSH Management Systems The factory's accident investigation Update and adjust the accident Health procedure does not have all the necessary _ investigation procedure. steps. May-23 Occupational Safety and OSH Management Systems The employer has failed to investigate, Ensure that all OSH issues are Health monitor and measure OSH issues as investigated, monitored and required. measured accurately. May-23 Occupational Safety and OSH Management Systems The factory does not adequately Ensure that training are provided to Health communicate and implement OSH policies all relevant staff. and procedures. [page 89] 89 May-23 Occupational Safety and OSH Management Systems The employer does not adequately assigns Ensure that the factory conduct the Health accountability for health and safety to OSH joint OSH Committee meetings to Officers and HR manager. address OSH issues. May-23 Contracts and Human Employment Contracts The factory does not have a grievance Update and adjust the grievance Resources handling and dispute resolution procedure policies and procedures. that meets all the requirements. May-23 Contracts and Human Employment Contracts The factory currently applies Codevi's Update and adjust disciplinary and The factory update the HR Resources disciplinary and termination procedures, termination procedures. Procedure and add which does not include all the steps. disciplinary and termination procedures in it. May-23 Contracts and Human Employment Contracts The factory does not fully investigates Ensure that all parameters are Resources 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 place Resources communicate and implement HR policies in the factory. and procedures. May-23 Contracts and Human Employment Contracts The factory's HR policy does not include all Make sure the HR policy is sign by The HR policy is signed by top Resources the necessary elements. the top management of the factory. management. May-23 Working Time Leave Pregnant workers do not go home 6 Ensure that pregnant workers are weeks before giving birth. going home 6 weeks before giving birth. May-23 Occupational Safety and Emergency Preparedness Improper control of electrical issues. 1. Make sure the source ofignition The factory fix the source of Health problem is fix. ignition problem. May-23 Occupational Safety and Emergency Preparedness Unmarked escape routes, on the factory Ensure that the escape routes in the Health floor. component area are clearly marked May-23 Occupational Safety and Emergency Preparedness Fire extinguishers are not properly Provide adequate firefighting The factory replaced the fire Health maintained equipment and Ensure regular extinguishers with low maintenance is done pressure. May-23 Occupational Safety and Emergency Preparedness Alarm has not been installed in the The factory needs to install fire The factory install a fire alarm Health component area. detection system in all areas ofthe system in the component area workplace. May-23 Occupational Safety and Health Services and First One first aid box is not identified and one The factory needs to designate a The factory identified the first Health Aid contain expired products. person to monitor all first aid boxes. aid box, removed the expired product and replace by a new May-23 Occupational Safety and Health Services and First The factory does not have an onsite Ensure that the free zone or the EL Health Aid medical facilities and staff as required by factory has adequate medical labor code. facilities [page 90] 90 May-23 Occupational Safety and Health Services and First Free health checks was not provided to Provide health checks to workers The factory has completed the Health Aid workers exposed to work-related hazards. exposed to work-related hazards at payment for the CDS which least twice a year. entitled the workers to received health checks from OFATMA. May-23 Occupational Safety and Welfare Facilities Insufficient number of Toilets. Increase the number of toilets. Health May-23 Occupational Safety and Working Environment The sewing floor was not clean and tidy.; Ensure that the workplace is always The factory clean all the Health clean and tidy. workplace. May-23 Occupational Safety and Working Environment light levels were inappropriate in some Ensure the lighting is adequate and Health working sections. adapted to worker's needs. May-23 Occupational Safety and Working Environment Workplace temperatures levels are Monitor the temperature level and Health unacceptable. maintain it under 30 C inside the workplace. May-23 Occupational Safety and Worker Protection Several chair without backrests in the Provide chairs with backrest to The factory replaced the Health sewing areas and standing mats were not workers. chairs without backrest available to all workers. May-23 Occupational Safety and Worker Protection Improper maintenance of electrical system Ensure that all circuit breakers are The factory labelled all circuit Health ofthe factory. labelled. breakers May-23 Occupational Safety and Worker Protection Single needle Sewing machines were Install the proper safety guards on Health missing finger guards. all machines. May-23 Occupational Safety and Worker Protection The factory did not provide appropriate Provide proper PPE to all workers Health PPE to all workers. using chemical products. May-23 Occupational Safety and Chemicals and Hazardous Eye wash station is not available in the The factory needs to install eyewash The factory added the Eye Health Substances mechanic workshop, station in all areas where chemical wash where chemicals are products are used. used in the mechanic workshop May-23 Occupational Safety and Chemicals and Hazardous The factory does not have appropriate The factory needs to have an Health Substances 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 and Chemicals and Hazardous MSDSs are not available in local language Translate MSDS in the local The factory added all the Health Substances for all chemicals used in the workplace. language and post them where missing MSDS chemical products are used. May-23 Occupational Safety and Chemicals and Hazardous Chemical and hazardous substances are Label all chemicals and hazardous The factory remove the 2 Health Substances not properly labelled. substances used in the workplace. unlabeled containers [page 91] 91 May-23 Occupational Safety and Chemicals and Hazardous Inventory of chemicals and hazardous Update inventory of chemicals and Chemical inventory is updated Health Substances substances is not updated. hazardous substances in the all chemical are mentioned on workplace. it with all necessaries information. May-23 Occupational Safety and OSH Management Systems Workers are not informed and they do not Perform the general occupational The compliance manager is Health participate the OSH self-assessment. safety and health self-assessment doing the OSH self- with the OSH committee in place in assessment in collaboration the factory. with OSH bipartite committee May-23 Contracts and Human Employment Contracts The factory does not have an internal work Send the factory internal work rules The factory has an internal Resources rules approved by the Ministry of Labor. to MAST for approval. work rules approved by MAST on August 16, 2023. May-23 Compensation Social Security and Other The factory did not send workers pay slip Send workers pay slip to OFATMA Benerfits to OFATMA for sick leave and maternity for sick leave and maternity leave leave payment. payment. May-23 Compensation Social Security and Other The factory does not collect and forward Collect and forward workers Benefits workers contribution to OFATMA contribution to OFATMA maternity and health insurance on the basic salary. May-23 Compensation Social Security and Other The calculation of employer's contribution Calculate ONA contributions on the The factory pay employer's Benefits for ONA payment is inaccurate and basic salary, and forward it on time. contribution to ONA on time. payments are made late consistently. May-23 Compensation Social Security and Other The Factory does not forward employers Forward employer's contribution to Benefits contribution to OFATMA. OFATMA maternity and health insurance on the basic salary. May-23 Compensation Social Security and Other The calculation of workers’ contribution Calculate ONA contributions on the The factory pay worker's Benefits for ONA payment is inaccurate and basic salary, and forward it on time. contribution to ONA on time. payments are made late consistently. May-23 Compensation Social Security and Other Inaccurate payments for OFATMA accident Keep records of the salary Benerfits insurance. statement sent to OFATMA May-23 Compensation Paid Leave The lunch break is not compensated inthe Pay the lunch break. The June 13 decree suspends payroll. the 3*8 law. The payment of the lunch break is no longer required. May-23 Compensation Paid Leave Inaccurate payment for maternity leave. Calculate the maternity leave payment on worker's average daily earnings. Pay 12 weeks of maternity leave to workers May-23 Compensation Paid Leave Inaccurate sick leave payment. Pay sick leave based on average earnings. [page 92] 92 May-23 Freedom of Association Collective Bargaining Violation of the CBA. Review the CBA and implement all and Collective Bargaining articles as stated in the document. [page 93] 93 BETTER WORK HAITI - 28TH SYNTHESIS REPORT Factory: Centri Group S.A. L Supplier ID 2906 Location: Arrondissement de Port-au-Prince Number of workers: 1080 Date of registration: Oct-18 Date of last two Better Mar-23 Apr-24 Work assessments: Advisory and Training Services 26-Nov-24 Advisory services Virtual meeting with the New HR officer on the factory portal. Session on HR management systems and follow up on social security payment. 16-Aug-24 Training Virtual Occupational Safety and Health 14-Jun-24 Advisory services Virtual meeting with the OSH committee to present the last assessment report. Meeting with the compliance team to review payment upon termination and night shift payment. Session on the first progress report. 2-Feb-24 Advisory services Virtual meeting with the OSH committee to identify the training needs. Session with the compliance team to review the compensation cluster including social security. Follow up on OSH objectives and targets. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment April 2024 Apr-24 Occupational Safety and Emergency Preparedness Evacuation routes are not clearly Paint evacuation arrows and signs Evacuation arrows and signs have 49 Health marked. and Paint yellow lines on the floor to been already repainted. show the exit pathway. Furthermore yellow lines are on the floor to show the exit pathway. Apr-24 Occupational Safety and Health Services and First Insufficient medical Staff. Hire the required medical staff based 68 Health Aid on the current workforce. Apr-24 Occupational Safety and Working Environment Lux level is below Better Work Increase the natural lighting inthe The large bulbs are reinstalled 36 Health recommended limit. sewing section. higher so that they illuminate more space. Bulbs are added to the sewing section and quality section where it is necessary. Apr-24 Contracts and Human Employment Contracts The grievance procedure does not Review and discuss current factory 8 Resources include fair review and appeal procedure on complaint mechanisms: process, communication of changes include fair review and appeal made or resolution. process, communication of changes made or resolution. Apr-24 Occupational Safety and Welfare Facilities Insufficient number of Toilets. Increase the number of functioning 68 Health toilets as required by law. [page 94] 94 Apr-24 Occupational Safety and Working Environment The temperature level is exceed Develop a maintenance plan for the 23 Health Better Work's recommended limit. cooling systems. Install roof insulation Apr-24 Contracts and Human Termination The annual leave payment is not Ensure the annual leave payment The annual leave payment upon 8 Resources calculated on worker's average daily upon termination is calculated on termination is calculated on earnings. worker's average daily earnings. worker's average daily earnings. Apr-24 Contracts and Human Contracting Procedures Contract and payroll of non Revise security agent contracts and The Company has made the 8 Resources production workers are not ensure that payment is aligned with changes in the payroll and the accurate. the labor code. calculation is accurate. In addition, the contract has been revised. Apr-24 Contracts and Human Employment Contracts Internal work rules are not approved Send the internal work rules to MAST The internal work rules has been 23 Resources by MAST. for approval. approved by MAST. Apr-24 Compensation Social Security and Other The annual leave payment is not Make changes to the payroll system The Company has made the 8 Benefits calculated based on the total and include all salaries received by changes in the payroll and the earning of workers salary. . the employee in the calculation of calculation is accurate. annual leave. Assessment March 2023 Mar-23 Compensation Social Security and Other The factory did not provide any Assigned responsibility to sendthe The factory has paid OFATMA for Benefits proof of payment made to OFATMA salary statement on time. Paid the fiscal year 2022-2023 for work-related accident insurance OFATMA work related accidents. for the fiscal year 2022-2023. Mar-23 Contract and HR Employment Contracts The internal work rules is not posted Ensure that the internal work rules is The internal work rules is posted in in the workplace. posted on the factory floor. 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 structural Health structural safety certificate, safety certificate report from a safety certificate from SONAPI and certifying the structure of the certified company. it is available. building meets the safety requirements for an industrial Mar-23 Occupational Safety and Chemicals and Hazardous Chemical inventory is not accurate. Assign someone to update the A new inventory of chemicals is Health Substances 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 Chemical containers are not Define who control the chemical The factory prepared other labels Health Substances properly labelled container on receipt from supplier indicating the classification, and control the label. hazards, and safety precautions. [page 95] 95 Mar-23 Occupational Safety and Chemicals and Hazardous Several hazardous chemicals were Ensure that all MSDS are posted The safety data sheets of the Health Substances found without chemical safety data where chemicals are used. chemicals which weren't available sheets. 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 Health necessary PPESs 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 Provide anti fatigue mats for Standing mats have been provided Health provided with footrests or shock- standing workers. to all standing workers. absorbing mats. Mar-23 Occupational Safety and Working Environment Workplace temperature level exceed Increase the ventilation with Health 30 Cin all buildings.. additional fans. Mar-23 Occupational Safety and Working Environment Noise level exceeds a maximum of Ensure that noise level is below 90 The noise level in each section is Health 90 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 Increase the light level to reach 300 Health is unacceptable. 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 have Health at least one toilet for every 25 men and one toilet for every 15 women. Mar-23 Occupational Safety and Health Services and First Management did not share evidence Discuss the legal requirements with The factory paid the fiscal year Health Aid that medical checks were provided the General Manager. Pay the health 2022 2023, the health card(CDS) is to workers within their first three cards. included as required by law for months of hiring. medical checks. Mar-23 Occupational Safety and Health Services and First Management shared evidence that Discuss the legal requirements with The factory paid the fiscal year Health Aid medical checks were provided once the General Manager. Ensure that 2022 2023, the health card(CDS) is a year to workers exposed to work workers exposed to work related included as required by law for related hazards. hazards receive a medical check at medical checks. least twice a year. Mar-23 Occupational Safety and Health Services and First Management did not share evidence Discuss the legal requirements with The factory paid the fiscal year Health Aid that annual medical checks were the General Manager 2022 2023, the health card(CDS) is provided to the workers. Pay the health cards. included as required by law for medical checks. [page 96] 96 Mar-23 Occupational Safety and Health Services and First Insufficient number of medical staff. Increase the number of nurses as An appropriate space has been Health Aid required by law. already built for the medical clinic in order to offer privacy. Mar-23 Occupational Safety and Health Services and First First aids boxes did not have an The factory needs to assign Inventory lists are available in all Health Aid 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 systems. The alarm system has been Health repaired. Mar-23 Occupational Safety and Emergency Preparedness Obstructed and improper Ensure regular maintenance and People are designated to ensure Health maintenance of fire extinguishers. specify who conducts regular checks that regular maintenance are to make sure that the equipmentis conducted. in place and functioning. Mar-23 Occupational Safety and Emergency Preparedness Escape routes are not clearly Mark the evacuation routes and post The escape routes in both building Health marked. Buildings are missing the the evacuation plan for both have been marked. The evacuation evacuation maps. buildings. 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 has Health observed that more than 90 percent checks and include this in the system been developed to raise aisles were obstructed. of daily weekly checks. awareness. Mar-23 Occupational Safety and Emergency Preparedness Fire drills are not conducted every Conduct an emergency drill every 6 The last fire drill was conducted in Health six months, as recommended. months. 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 proper attendance records. adjusted. A verification is done Develop a procedure in case of before each payroll. systems failure. [page 97] 97 BETTER WORK HAITI - 28TH SYNTHESIS REPORT . Factory: Caribbean Island Apparel Supplier ID 1209 Location: Port-au-Prince Number of workers: 2437 Date of registration: Aug-13 Date of last two Better Oct-23 Sep-24 Work assessments: Notes: Advisory and Training Services 06-Dec-24 Advisory meeting Virtual advisory meeting to review of the main non-compliance points from the assessment report. EA asks management to work on a corrective action plan with timeline. 09-Oct-24 Training Financial Literacy 19-Sep-24 Bipartite Committee The committee discussed the follow up from the previous meeting regarding toilets, fresh water and equipment for the clinic. All the issues were addressed and Meeting workers' representatives approved management commitment. 26-Jun-24 Advisory meeting Virtual meeting with the new compliance officer and presented Better work tools and what is expected from the new factory representatives. Advisor reviewed the evidence presented and validated the remediations on the improvement plan. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment September 2024 Sep-24 Occupational Safety and OSH Management Systems The factory has an OSH policy that does Include the missing criteria such as the 24 Health not include all the necessary following: To establish measurable requirements. objectives and improvement targets developed in consultation with workers. Sep-24 Occupational Safety and OSH Management Systems The hazard/risk management and control Include the missing elements in the 24 Health procedure does not hazard/risk management and control includes allthe necessary requirements. procedure. Sep-24 Occupational Safety and OSH Management Systems The accident investigation procedure Include the missing elements in the policy. 24 Health does not include: - Leads to change in order to avoid reoccurrence . Sep-24 Occupational Safety and OSH Management Systems The OSH policy does not include all the Include the missing elements in the policy. 24 Health necessary elements. [page 98] 98 Sep-24 Occupational Safety and OSH Management Systems Management has not properly defined Review the OSH policy and designate an 24 Health authority for the OSH officer and the top OSH officer to be in charge of OSH related management to perform OSH issues. Assign OSH responsibilities to top responsibilities. management to supervise the OSH officer. Sep-24 Contracts and Human Employment Contracts The grievance handling and dispute Review the grievance policy to include 24 Resources resolution procedures does not include all review and appeal processes and the necessary elements. communication of changes made and/or resolution as appropriate. The policy should ensure anonymity. Sep-24 Contracts and Human Employment Contracts The factory's disciplinary and termination Review the policy to include the workers" 24 Resources procedures does not include any details rights to defend themselves prior to on the workers" rights to defend termination, and to representation during themselves prior to termination. disciplinary processes. Sep-24 Contracts and Human Employment Contracts The employer does not investigate Ensure to provide evidence that 24 Resources violations of HR policies and procedures. management does investigate HR violations , identify weaknesses to make necessary adjustments. Sep-24 Occupational Safety and Emergency Preparedness Obstructed aisles obstructed in building Ensure that the aisles remained 38 Health 11 and H4. unobstructed. Sep-24 Occupational Safety and Emergency Preparedness The escape route in all buildings were not Ensure that all escape routes are properly 63 Health clearly marked. marked. Sep-24 Occupational Safety and Health Services and First Aid Assessors observed one first aids box is Ensure that the first aid boxes are easily 14 Health obstructed by a table in building 12. accessible. Sep-24 Occupational Safety and Health Services and First Aid Insufficient number of medical personnel. Comply with the labor Code for the 44 Health medical staff requirements. Sep-24 Occupational Safety and Health Services and First Aid The factory did not provide free annual Pay for the CDS so workers can be fully 14 Health health checks to workers. entitled to the advance medical services provided by OFATMA. Sep-24 Occupational Safety and Health Services and First Aid The factory did not provide free health Pay for the CDS so workers can be fully 14 Health checks to workers within the first 3 entitled to the advance medical services months of hiring. provided by OFATMA for the workers within their first three months of hiring. [page 99] 99 Sep-24 Occupational Safety and Health Services and First Aid The factory did not provide free health Pay for the CDS so workers can be fully 14 Health checks twice a year, to workers who are entitled to the advance medical services exposed to chemical and hazardous provided by OFATMA to workers exposed substances. to work-related hazards. Sep-24 Occupational Safety and Welfare Facilities Insufficient number of functioning toilets … Ensure to have an adequate numbers of 70 Health for women. toilets for women. Sep-24 Occupational Safety and Working Environment Assessor did not have the means to verify Ensure to keep the workplace temperature 4 Health the temperature in the workplace. to the recommended 30 degrees or below. However, during interviews, workers did complain about the temperature in the workplace. Sep-24 Occupational Safety and Chemicals and Hazardous The spot cleaning area is not isolated. Ensure to the use of chemicals is properly 24 Health Substances isolated, so as to reduce workers" exposure. Sep-24 Occupational Safety and Chemicals and Hazardous The chemical inventory is not accurate Keep the inventory of chemicals up to date 38 Health Substances and did not include the name of all and accurate. chemicals used in the workplace. Sep-24 Occupational Safety and OSH Management Systems Management did not provide any Provide the structural safety certificate. 24 Health structural safety certificate, for the buildings. Sep-24 Contracts and Human Employment Contracts The payroll date and time, are not Insert the payroll date and time in the 38 Resources mentioned in the internal work rules. internal work rules. Assessment October 2023 Oct-23 Occupational Safety and OSH Management Systems The OSH policy is not signed by top Include the missing elements in the OSH Health management and does not include policy and have it signed by top several elements of an adequate policy. management. Oct-23 Occupational Safety and OSH Management Systems The hazard/risk management and control Include the missing elements in the Health procedure does not hazard/risk management and control includes several elements of an adequate procedure. policy. Oct-23 Occupational Safety and OSH Management Systems The accident investigation procedure Ensure that the accident investigation Health does not include several elements of an procedure has all required elements. adequate policy. [page 100] 100 oct-23 Occupational Safety and OSH Management Systems The factory did not show evidence thatit Ensure to provide evidence that Health investigates and documents violations of management does investigate, monitor HR procedures. and measure OSH issues through: - Logging and analyzing violations of procedures; - Regular management review of the effectiveness of management systems including performance on measurable objectives and targets; - Accident investigations are followed by an actual change in procedure. Oct-23 Occupational Safety and OSH Management Systems Management has not:- Properly defined Ensure to properly define authority for the Health authority for the OSH officer and top OSH officer and the top management to management. perform OSH responsibilities through updated job descriptions and an organizational chart. Oct-23 Contracts and Human Employment Contracts The grievance handling and dispute Include the missing elements in the Resources resolution procedures does not have all grievance handling and dispute resolution the necessary elements. procedures. Specify the grievance review and appeal processes and communication of changes made and/or resolution as appropriate. Oct-23 Contracts and Human Employment Contracts The factory has disciplinary and Include the missing elements in the Resources termination procedures that do not disciplinary and termination procedures, include the necessary details. such as workers rights to defend themselves prior to termination, and to representation during disciplinary processes. Oct-23 Occupational Safety and Emergency Preparedness The fire-fighting training was not Ensure that the fire-fighting equipment The Human Resource Health provided by a certified company or training is provided by a certified company director is in charge of trainer. or trainer. providing the fire-fighting training and he is a certified fire-fighter. Oct-23 Occupational Safety and Emergency Preparedness The aisles were obstructed in building 13 Ensure that the emergency exits remains The emergency exits remain Health and 14. In addition, three emergency exits open during the working hours including unlock during working hours were locked during working hours overtime. including overtime. Oct-23 Occupational Safety and Emergency Preparedness The escape routes in all buildings were Ensure that the escape route are clearly The escape routes were Health not clearly marked. marked. remarked as needed following the assessment visit. Last time the routes were repainted were in June 2024. [page 101] 101 oct-23 Occupational Safety and Health Services and First Aid Three first aids boxes are missing several Ensure that first aid boxes have all The missing items were Health products. necessary item. added to the first aid boxes. Oct-23 Occupational Safety and Health Services and First Aid Insufficient medical staff. Have 3 doctor's visits per week. Health Oct-23 Occupational Safety and Health Services and First Aid Annual health checks are not provided to Pay the CDS (Health Card) as the law Health all workers. requires for medical checks. Oct-23 Occupational Safety and Health Services and First Aid Medical checks are not provided to Pay the CDS (Health Card) as the law Health workers within the first three months of requires for medical checks. hiring. Oct-23 Occupational Safety and Health Services and First Aid Medical checks are not provided twice a Pay the CDS (Health Card) as the law Health year to workers exposed to work-related requires for medical checks. hazards. Oct-23 Occupational Safety and Welfare Facilities Insufficient number of toilets for men and Ensure to have adequate numbers of Health women. toilets. Oct-23 Occupational Safety and Working Environment The level of lighting in the workplace is Ensure that lux levels are adequate in all The light bulbs were Health unacceptable. sections of the workplace. changed in the inspection sections. Oct-23 Occupational Safety and Worker Protection The circuit breakers in several buildings Label the circuit breakers. All circuit breakers were Health were not labelled. properly labelled. Oct-23 Occupational Safety and Chemicals and Hazardous The use of chemicals is not isolated in Ensure that the use of chemical is properly The management fix Health Substances building 14 due to the proximity of the monitored. repaired exhaust ventilation sewing area to the spot cleaning area. and provide new protective equipment to workers in the spot cleaning. Oct-23 Occupational Safety and Chemicals and Hazardous The chemical inventory did not include Ensure that chemical inventory is accurate The management appointed Health Substances the name of all chemicals used in the and include all the chemicals used and a responsible for daily workplace. stored in the workplace. monitoring of the inventory of chemicals. Oct-23 Occupational Safety and OSH Management Systems Management didn't provide any Provide the structural safety certificate. Health structural safety certificate, certifying the structure of the buildings meets the safety requirements for an industrial Oct-23 Occupational Safety and OSH Management Systems The work-related accidents f were not Submit accident reports to OFATMA on a Health submitted to OFATMA on a monthly basis. monthly basis. [page 102] 102 oct-23 Contracts and Human Employment Contracts The payroll date and time, are not Include payroll date and time in the Resources mentioned in the internal work rules as internal work rules. specified in Art. 399 of the Labor Code. Oct-23 Compensation Social Security and Other Management confirmed that they did not Share the workers pay slip for the last 3 Management sent the Benerfits send workers pay slip for the last 3 months to OFATMA for sick leave and information to OFATMA for months to OFATMA for sick leave and maternity leave payment. the payment of sick leave. maternity leave payment. Oct-23 Compensation Social Security and Other The employer contribution to OFATMA is Pay OFATMA contribution on time. Benerfits not made within the first 10 working days ofthe month. Oct-23 Compensation Social Security and Other The workers’ contribution to OFATMA is Pay the OFATMA contribution on time. Benefits not be made within the first 10 working days ofthe month. Oct-23 Compensation Social Security and Other The factory does not pay OFATMA for the Pay the OFATMA for the CDS (Health Card) Benefits CDS (Health Card) as the law requires for as the law requires for medical checks. medical checks. Oct-23 Compensation Method of Payment Workers complain about the payment Ensure that payment is made during the Payment is provided during after the normal working hours. working hours. working hours. Oct-23 Discrimination Gender Interviewed workers and factory staff Ensure that workers are not required to The factory did training, consistently said that workers undergo undergo HIV/AIDS or pregnancy tests in awareness session for its pregnancy tests and tests for HIV after connection with their employment. staff regarding the hiring and before workers receive their pregnancy tests and HIV test contracts. following their employment. Posters are also posted inside the workplace for the workers. [page 103] 103 BETTER WORK HAITI - 28TH SYNTHESIS REPORT . Factory: Class International Holdings LTD Supplier ID 3281 Location: Ouanaminthe Number of workers: 80 Date of registration: Jan-20 Date of last two Apr-23 May-24 Retter Work Advisory and Training Services 6-Dec-24 Industry Seminar Virtual Preventing and Addressing Sexual Harassment and Abuse 12-Nov-24 Industry Seminar Workshop on DGI Taxes Calculation Methode 7-Nov-24 Industry Seminar ToT Training on Compensation and Working Time S-Nov-24 Industry Seminar Hazard Risk Management and Control Training 31-Oct-24 Industry Seminar ToT Training on HR and Contract 30-Oct-24 Industry Seminar General ToT Training 23-Oct-24 Advisory meeting EA reviewed the improvement plan, requesting the factory to address the pending issues and document progress, including payments to ONA and OFATMA. Facilitated an exercise to identify the factory's strengths, such as worker collaboration and continued payment during work suspensions, as well as weaknesses, particularly the lack of work causing anxiety among workers. Finally, EA announced a series of upcoming training sessions on OHS and Human Resources, with workers expressing interest in training on labor rights, specifically regarding contracts and wages. 28-Jun-24 Advisory meeting Meeting with management to review the improvement plan. 11-Apr-24 Advisory meeting Introduction with management as their new assigned advisor. Review of the ONA and OFATMA status and OSH checklists. Management requested training on Sexual harassment prevention and OSH trainings. 14-Mar-24 Advisory meeting Meeting to: Discuss OSH as a fundamental convention Review improvement plan with Bipartite committee. 22-Feb-24 Advisory meeting Virtual advisory visit to: Discuss training plan with the bipartite committee. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment May 2024 May-24 Occupational Safety and OSH Management Systems The OSH policy does not establish measurable Develop an OSH policy that establish 8 Health objectives and improvement targets. measurable objectives and improvement targets. May-24 Occupational Safety and OSH Management Systems Management did not show evidence of that the Provide evidence of regular management 51 Health employer investigates monitors and measures review of effectiveness of the OSH issues. management system. May-24 Occupational Safety and OSH Management Systems Management did not assign accountability at Update the OSH policy to assign 51 Health the level of management and OSH committee accountability to OSH committee on OSH for carrying out Health and Safety responsibilities. Ensure proper training responsibilities. are provided to enhance members capacities. [page 104] 104 May-24 Contracts and Human Employment Contracts The factory does not have an adequate Include the missing elements in the 51 Resources grievance handling and dispute resolution grievance handling and dispute resolution procedure. May-24 Contracts and Human Employment Contracts The disciplinary and termination procedures Develop a disciplinary and termination 51 Resources are not adequate. procedure that Includes the necessary elements. May-24 Contracts and Human Employment Contracts No evidence of performance evaluation Perform investigations for violations of HR 51 Resources procedures nor any investigations for violations policies and procedures to identify of Human Resources policies and procedures. weaknesses and make necessary adjustments. May-24 Contracts and Human Employment Contracts The factory has not posted the internal Post the internal regulations and train the 51 Resources regulations neither trained staff on how to HR staff to carry out the policies. carry out policies and procedures. May-24 Contracts and Human Employment Contracts The Human Resources policies are not signed Ensure that the HR policies are signed by 51 Resources by top management. top management. May-24 Working Time Leave Pregnant workers do not go on leave 6 weeks Pregnant women should go on maternity 51 before giving birth. leave 6 weeks prior to their expected delivery date. May-24 Working Time Overtime The factory did not obtain prior authorization Request the authorization notice form 8 from MAST to perform overtime. MAST prior to work overtime. May-24 Working Time Overtime Several workers worked more than 80 hours Workers cannot work more than 80 hours 8 overtime per trimester. overtime per trimester. Schedule overtime hour appropriately. May-24 Working Time Regular Hours The factory did not obtain prior authorization Request authorization form MAST prior to 8 from MAST before working at night. work at night. May-24 Working Time Regular Hours Workers do not punch in and out; the manual Implement a reliable attendance record 26 attendance done by the factory was not signed system. by workers. May-24 Working Time Regular Hours The regular daily hours exceeds the legal limit. Ensure that the regular daily hours are 51 compliant with the law. May-24 Occupational Safety and Emergency Preparedness The evacuation plan does not reflect the Design an evacuation plan that accurately 8 Health changes in the floor layout. reflect the layout of the floor. May-24 Occupational Safety and Emergency Preparedness Management did not share the annual Ensure the fire- extinguisher equipment 8 Health inspection report for fire fighting equipment. get a annual inspection from a certified company. May-24 Occupational Safety and Emergency Preparedness The factory does not have an alarm system and Install an alarm system and smoke 51 Health smoke detectors installed in any of the detectors in all buildings. buildings. [page 105] 105 May-24 Occupational Safety and Health Services and First Aid The factory does not have an onsite medical Ensure to have a onsite clinic with 1 nurse 51 Health facilities and staff. and 3 doctors' visit per week. May-24 Occupational Safety and Health Services and First Aid Medical checks is not conducted twice a year Provide free health checks for workers 51 Health for workers working with chemicals and working with chemicals at least twice a hazardous substances. year. May-24 Occupational Safety and Worker Protection Personal protective equipment were not Provide necessary personal protective 19 Health provided to all workers. equipment to workers. May-24 Occupational Safety and Chemicals and Hazardous Eyewash station is not available in the Install eye wash stations where chemicals 8 Health Substances mechanic workshop. are used and stored. May-24 Occupational Safety and Chemicals and Hazardous There is no evidence that workers were trained Train workers who are using chemical and 51 Health Substances to use chemicals and hazardous substances. hazardous products and keep proper record. May-24 Occupational Safety and Chemicals and Hazardous The spot cleaning area is not properly isolated, Isolated the spot cleaning from the 51 Health Substances exposing workers to chemicals and hazardous production floor. substances. May-24 Occupational Safety and Chemicals and Hazardous MSDS's are missing for several hazardous and Keep material safety data sheets for all 51 Health Substances chemicals substances. chemicals and hazardous products used in the workplace.. May-24 Occupational Safety and Chemicals and Hazardous Chemical and hazardous products are not Containers of chemical product should be 51 Health Substances properly labelled. properly labeled, with pictograms included. May-24 Occupational Safety and Chemicals and Hazardous The inventory of chemicals and hazardous Keep an accurate inventory of the 51 Health Substances substances is missing several products. chemical product used, including names and location. May-24 Occupational Safety and OSH Management Systems Management did not submit work related Submit the accidents report to OFATMA 51 Health accident record to OFATMA on a monthly basis. on a monthly basis. May-24 Contracts and Human Termination The annual salary supplement upon Ensure that annual salary supplement is 51 Resources termination does not include the weekly rest properly calculated and paid. day payment. May-24 Contracts and Human Termination The annual leave, upon termination, does not Include the weekly rest day payment in 51 Resources include the weekly rest day payment. the calculation of the average salary for the payment of the annual salary supplement. May-24 Contracts and Human Termination The applicable notice period when the time is Include the weekly rest day payment in 51 Resources not provided, does not include the weekly rest … the calculation of the average salary for day payment. the payment of the applicable notice period. [page 106] 106 May-24 Contracts and Human Employment Contracts The factory's internal work rules are not Develop internal work rules that are 51 Resources compliant with the labor code. compliant with the labor law. May-24 Compensation Social Security and Other Benefits The factory does not submit workers" pay slips Pay OFATMA and submit workers’ pay slip 51 to OFATMA for sick leave or maternity leave to OFATMA for the payment of sick leave payments. and maternity payments May-24 Compensation Social Security and Other Benefits The employer's contribution to OFATMA for Calculate the employer's contributions to 51 maternity and health insurance is inaccurate OFATMA on the basic salary as stipulated because they are not calculated based on the in the labor code. workers" basic salary. May-24 Compensation Social Security and Other Benefits The employer contribution to ONA, is not Calculate the employer's contributions to 51 based on the worker's basic salary. ONA on the basic salary as stipulated in the labor code. May-24 Compensation Social Security and Other Benefits The workers’ deduction for OFATMA for Calculate the workers" contributions to 51 maternity and health insurance is not OFATMA on the basic salary as stipulated calculated on the workers’ basic salary. in the labor code. May-24 Compensation Social Security and Other Benefits The worker's deduction for ONA, is not Calculate the workers" contributions to 51 calculated on the worker's basic salary. ONA on the basic salary as stipulated in ia iahae cnda May-24 Compensation Paid Leave Non working holiday pay is not based on the Pay the holidays on the average earnings 8 average earning. as per the law. May-24 Compensation Paid Leave No weekly rest day payments were noted inthe Pay the weekly rest days on the average 8 payroll as required by the law. earnings as per the law. May-24 Compensation Paid Leave The factory has only provided 6 weeks of Provide 12 week of maternity leave to 51 maternity leave to workers, instead of the 12 pregnant workers. weeks. May-24 Compensation Paid Leave The sick leave payment is not paid on the Include the weekly rest day payment in 51 average earning. the calculation of the average salary for the payment of the weekly rest day. May-24 Freedom of Association and Collective Bargaining The factory failed to implement some Implement all the collective agreement 19 Collective Bargaining provisions of the collective agreement. provisions. Assessment April 2023 [page 107] 107 Apr-23 Occupational Safety and OSH Management Systems Accident reports are not reported to OFATMA The factory need to review its OSH policy Health monthly. 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. Apr-23 Occupational Safety and OSH Management Systems The OSH policy has not been developed in Factory should hold à meeting with the Health consultation with workers and their bipartite committee, including workers representatives. representatives to discuss 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 Systems The employer does not properly investigates Management needs to perform regular Health monitors and measures OSH issues. 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. Apr-23 Occupational Safety and OSH Management Systems The factory does not adequately communicate The employer needs to train all joint OSH Health and implement OSH policies and procedures. committee members, informed visitors contractors/service providers about relevant OSH policies and procedures, post, update evacuation map and post policies and work instructions around the workplace. Apr-23 Occupational Safety and OSH Management Systems Management did not assigns accountability at Management needs to hire an OSH The following actions have been Health the level of management and OSH committee Officer and have a clear job description taken: for carrying out Health and Safety for the officer, defining his authority and -Posted policies and work responsibilities. responsibilities. They also need t train instructions around the OSH committee members, assign them workplace. regular task and hold regular meeting. - Posted the names of OSH They should establish a system to track committee members. that the tasks are being executed as nlaned Apr-23 Contracts and Human Employment Contracts No. The factory does not have a grievance Review the Grievance policy to include a the factory is reviewing the Resources handling and dispute resolution that includes clear options for submitting grievances grievance handling and dispute allthe necessary steps. and disputes that ensure anonymity and resolution that include: Clear non-retaliation, fair review, options for submitting grievances communication of changes made or and disputes that ensure resolution and an appeal process. anonymity and non-retaliation, fair review, communication of changes made or resolution and an appeal process. [page 108] 108 Apr-23 Contracts and Human Employment Contracts No. The factory has a termination procedures The factory needs to review the procedure Resources that does not include, all the necessary to include the time frame between 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 Contracts The employer does not take action to Management needs to develop a Resources investigate violations of HR policies and procedure to investigate violations of HR procedures, identify weaknesses and make policies and procedures, identify necessary adjustments to prevent recurrence. weaknesses and make necessary adjustments to prevent 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 internal regulations … The factory needs to post internal Resources 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 internal policy and The policy should be signed by top The policies are signed now by top Resources includes is not signed by top management. management and posted on the floor. management and have been shared Contracts and Human Employment Contracts The factory's internal work rules is not They need to follow up to make sure that The factory has submitted their Resources approved by the Ministry of Labor. the document is approved internal work rules to MAST. Apr-23 Freedom of Association and Collective Bargaining Several articles outlined in the CBA are not The management of the factory should sit Collective Bargaining being implemented. 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 leave 6 weeks The factory should give pregnant workers before giving birth. 6 weeks of leave prior to 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 of 15 days off The factory needs to provide 15 after one year of service, as required by law. consecutive days of annual leave to all workers after 1 year of service. [page 109] 109 Apr-23 Working Time Regular Hours Workers did not punch in and out, the manual The factory needs to install a proper attendance did by the factory was not sign by functioning punch system to record the workers. attendance for all workers. Apr-23 Working Time Regular Hours Pregnant women revealed that they did not The factory needs to have a clear policy Pregnant workers are given 4 have an additional break. for pregnant women, in accordance with breaks of 15 minutes according to the labor code, inform all workers about an agreement they signed with the the policy, post the policy on the factory factory's management. and ensure that it is applied across the board. Apr-23 Working Time Regular Hours Regular hours exceed the legal limit. The factory should arrange its working According to the June 13th decree, hours to comply with the labor laws. the lunch break is no 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 Preparedness Less than 10 percent of workers were trained in The factory needs to provide fire-fighting Health fire-fighting equipment. training to at least 10% of the staff. Schedule training and keep records. Apr-23 Occupational Safety and Emergency Preparedness Fire drills are not conducted every six month as The factory should include in their policy Health recommended. that a fire drill should be conducted every 6 months. Conduct fire drills and document them. Apr-23 Occupational Safety and Emergency Preparedness Several obstructed fire extinguishers were Factory needs to designate a person to A tour of the factory was Health observed in the workspace. perform regular checks of the fire conducted during the advisory. AIl extinguishers and ensure that they fire extinguishers were remain unobstructed at all times. unobstructed. Apr-23 Occupational Safety and Emergency Preparedness The factory does not have any alarm system The factory needs to install smoke Health and smoke detector install in both building. detectors and alarms in all the buildings. Apr-23 Occupational Safety and Health Services and First Aid The total number of workers trained in first aid The factory needs to include mandatory First aid training was provided by Health is less 10 percent of the workforce as first aid training in their policy and CODEVI LEKOL. A list of 33 recommended by Better Work. provide training to at least 10% ofthe participants was submitted as workers. proof. Apr-23 Occupational Safety and Health Services and First Aid The factory does not have onsite medical The factory should establish an onsite Management explained that Health facilities and staff as required by art. 478 and medical clinic in accordance with the labor workers have access to use the 479 of the labor code. code. medical facilities of the industrial park. [page 110] 110 Apr-23 Occupational Safety and Health Services and First Aid No evidence of annual medical checks were Factory needs to OFAMA for work related Health present in worker's files. accident insurance on time, 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 Aid No evidence of medical checks for workers Factory needs to provide medical checks Factory submitted proof a medical Health exposed to work-related hazards were present twice a year for workers using chemicals check that was provided in March in worker's files. and hazardous substances. Establish a of 2023 to worker's using chemical policy to make sure that workers receive and hazardous substances. the medical exams twice a year. Define who is responsible to follow up and ensure that workers receive their medical checks. Keep proper documentation. Apr-23 Occupational Safety and Health Services and First Aid Worker did not receive the health cards within Factory needs to pay OFAMA for work Health the first 3 months of hiring. related accident insurance on 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 to Factory has improving light as Health ensure that lighting levels are appropriate asked and follow with an for the tasks being perform. Change light evaluation to determine that light bulbs as needed. levels were ok. Evidence was shared. Apr-23 Occupational Safety and Working Environment Temperature exceed the recommended limit. The factory needs to install the Health appropriate cooling system to ensure that temperature are acceptable. Apr-23 Occupational Safety and Worker Protection Proper PPE are not provided to all workers. The factory need to establish a policy to Health 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 Chemicals and Hazardous The spot cleaning area does not have the Spot cleaning should be isolated. Factory Health Substances proper installation to prevent exposure. can install exhaust system to ensure that Workers are exposed to cardboard residue. chemical fumes are 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. Apr-23 Occupational Safety and Chemicals and Hazardous Workers are not trained in using chemical and Provide training to all workers who are Health Substances hazardous substances. using chemical and hazardous substances [page 111] 111 Apr-23 Occupational Safety and Chemicals and Hazardous MSDS was not available in the local language The policy need to include who controls Health Substances for several products found in the workspace.. the inventory and who is responsible to obtain MSDS for the 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 Hazardous Several unlabeled containers of chemical and The policy need to include who controls Health Substances hazardous products found in the workspace. the inventory and who is assigned to make sure that all chemical containers are properly labelled with name of product and pictogram indicating the dangers. Apr-23 Occupational Safety and Chemicals and Hazardous Incomplete inventory of chemical and The policy need to include who controls Factory has completed the Health Substances hazardous products. the inventory. Establish a procedure to inventory. Evidence has been perform an inventory control on a regular shared. 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 daily salary for Pay the lunch break. This new decree puts the 3*8 law Resources the payment of annual salary supplement upon on pause until the revision of the termination does not include the lunch break Labor Code is completed. The payment. lunch break payment is no longer required. Apr-23 Contracts and Human Termination The calculation of the average daily salary for Unused annual paid leave upon This new decree puts the 3*8 law Resources the payment of unused paid annual leave termination must be calculated based on on pause until the revision of the upon termination is not based on average daily average daily earnings. Labor Code is completed. The earnings and does not include the lunch break lunch break payment is no longer payment. required. Apr-23 Contracts and Human Termination The calculation of the average salary for the Pay the lunch break This new decree puts the 3*8 law Resources payment for the applicable notice period does on pause until the revision of the not include the lunch break payment. Labor Code is completed. The lunch break payment is no longer required. Apr-23 Compensation Social Security and Other Benefits the factory does pay 3 % of workers' basic The factory need to collect and forward salary to OFATMA. worker's contributions to 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. [page 112] 112 Apr-23 Compensation Social Security and Other Benefits The factory does not collect and forward the The factory need to collect and forward worker's contribution to OFATMA for maternity worker's contributions to OFATMA for and health insurance. 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 Other Benefits Workers' contributions to ONA is calculated on The factory should send worker's the minimum wage and does not include the contributions to ONA within 10 working lunch break payment. Furthermore it is days of the current month for the submitted late. 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 Other Benefits Workers' pay slips for the last 3 months are not The factory needs to submit both sent to OFATMA for payment of sick and worker's and employer's contributions to maternity leave. OFATMA on time, 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 Other Benefits The calculation for the annual salary Pay the lunch break. The new decree puts the 3*8 law supplement or bonus payment does not on pause until the revision of the include the lunch break payment. Labor Code is completed. The lunch break payment is no longer required. Apr-23 Compensation Social Security and Other Benefits Employer's contributions for ONA is based on The factory should send employer's the minimum salary and it is not made on time. contributions to ONA within 10 working It does not include the lunch break payment. 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 Other Benefits No proof of payment to OFATMA for work Factory needs to submit the declaration to related accident was available and shared with OFATMA with the list of workers, make the assessors for the fiscal year 2022/2023. the full payment as required by law. [page 113] 113 Apr-23 Compensation Paid Leave the lunch break is not compensated in the Pay the lunch break. The new decree puts the 3*8 law payroll. 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 maternity The factory should pay OFATMA on a leave where workers are entitled to 12 weeks of regular basis, submit workers, pay slip to payment. OFATMA so they can pay for 12 weeks. The lunch break payment does have to be included in the calculations. Apr-23 Compensation Paid Leave Sick leave payments are not calculated on Sick leave payment must be calculated on average daily earnings. In addition, the the basic salary which includes all calculation does not include the lunch break earnings except for overtime. The lunch payment. break does not have to be included anymore. Apr-23 Compensation Paid Leave Although the annual leave payment is Pay the lunch break. The new decree puts the 3*8 law calculated on worker's average daily earnings, on pause until the revision of the it does not include the lunch break payment. Labor Code is completed. The lunch break payment is no longer required. [page 114] 1714 BETTER WORK HAITI - 27TH SYNTHESIS REPORT ., Factory: Everbright Headwear Supplier ID 3278 Location: Ouanaminthe Number of workers: 1547 Date of registration: Jan-20 Date of last two Better May-23 Apr-24 Work assessments: Advisory and Training Services 15-Nov-24 Industry Seminar ToT Training on Core Labour Standards 14-Nov-24 Industry Seminar Bipartite Committee 13-Nov-24 Industry Seminar Workshop on DGI Taxes Calculation Methode 13-Nov-24 advisory meeting Conduct OSH tour on protective equipment , Meeting with OSH committee members and meeting with the compliance team to review the payroll 12-Nov-24 Industry Seminar Workshop on DGI Taxes Calculation Methode 7-Nov-24 Industry Seminar ToT Training on Compensation and Working Time 6-Nov-24 Industry Seminar Industrial Relations 5-Nov-24 Industry Seminar Hazard Risk Management and Control Training 31-Oct-24 Industry Seminar ToT Training on HR and Contract 30-Oct-24 Industry Seminar General ToT Training 22-Aug-24 Industry Seminar Virtual Workplace Cooperation & Communication (WCC) 16-Aug-24 Industry Seminar Virtual Chemical Management System 12-Jul-24 Training Occupational Safety and Health (OSH) 12-Jul-24 advisory meeting Short training on OSH . Bipartite committee meeting to present the last assessment finding, OSH tour to validate pending issues in the portal and management meeting to review compensation. 11-Jul-24 Industry Seminar Chemical Management System 10-Jul-24 Industry Seminar Bipartite Committee 5-Jul-24 Industry Seminar Virtual Emergency Preparedness 5-Apr-24 Advisory services Virtual meeting to conduct a session on HR management systems and training monitoring plan. Then review and validate pending issues in the improvement plan. Meeting with the bipartite committee to conduct a self diagnosis. 19-Mar-24 Industry Seminar Virtual Workers' Rights & Responsibilities ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment April 2024 Apr-24 Occupational Safety and OSH Management Systems Management did not show evidence ofa Include a risk register in the procedure 31 Health risk register that drives the that drives the implementation of implementation of controls. controls (list of risks with due dates, owners and next steps). [page 115] 115 Apr-24 Occupational Safety and OSH Management Systems The employer does not investigates Regular management review of 31 Health monitors and measures OSH issues. effectiveness of management system including performance on measurable objectives and targets- Accident investigations are followed by an actual change in procedure. Apr-24 Occupational Safety and OSH Management Systems Management did not show evidence of - Define accountability and/or 31 Health accountability and/or responsibilities for responsibilities for OSH officer as well OSH officer as well as top management. as top management - Establish clear reporting lines on OSH matters Apr-24 Contracts and Human Employment Contracts The grievance procedure does not include Include in the procedure: 46 Resources communication of changes made and a -Communication of changes made and resolution as appropriate. resolution Apr-24 Contracts and Human Employment Contracts The disciplinary and termination Include in the procedure: 46 Resources procedures are not adequate. - The right to defend oneself prior to termination, and to representation during disciplinary processes; - Timeframes for warnings and pavments. Apr-24 Contracts and Human Employment Contracts The factory's management does not Develop HR procedure on HR 46 Resources investigate shortcomings or issues in HR performance indicators. performance was provided during the assessment visit. Apr-24 Contracts and Human Employment Contracts The communication on HR policies and Communicate HR policies and 46 Resources procedures does not include induction procedures through Induction training training for workers and staff. for workers and staff Apr-24 Working Time Overtime The factory did not have prior Request prior authorization from MAST 9 authorization from MAST before working before working on overtime. on overtime. Apr-24 Working Time Overtime Several workers worked more than 80 Ensure that workers do not exceed 80 9 hours overtime per trimester. hours overtime per trimester. Apr-24 Working Time Overtime The factory did not have prior Request prior authorization from MAST 9 authorization from MAST before working before working on Saturday and on Saturday and Sunday. Sunday. Apr-24 Working Time Regular Hours The factory did not have prior Request prior authorization from MAST 9 authorization from MAST before working before working at night. at night. Apr-24 Working Time Regular Hours Assessors found some discrepancies in Keep an accurate attendance records 9 the attendance reviewed. for all workers. [page 116] 116 Apr-24 Working Time Regular Hours The regular daily or weekly hours exceed Modify the regular daily or weekly Ê] the legal limit and therefore do not hours to comply with the labor code. comply with the labor code. Apr-24 Occupational Safety and Emergency Preparedness The total number of workers trained in Train at least 10 percent of the The training of the 10 46 Health fire-fighting is less 10 percent of the workforce in fire-fighting for the day percent of workers in fire workforce as recommended by Better shift and night shift. fighting in day shift has Work. been done and 10 percent on night shift is in process Apr-24 Occupational Safety and Emergency Preparedness Escape routes were obstructed in several Provide additional space for storing The boxes have been 46 Health areas of the workplace. boxes. removed also we have put in place a daily check in all important areas. Apr-24 Occupational Safety and Emergency Preparedness Assessors observed that building 3 has Provide at least two exit door for each The factory has identified 46 Health only one door identify as an exit. building. two exit door in each building. Apr-24 Occupational Safety and Emergency Preparedness The floors need to be repainted in several Update the evacuation map- Paint 46 Health areas in the buildings and evacuation evacuation arrows and signs. route are not clearly marked. Apr-24 Occupational Safety and Emergency Preparedness Improper maintenance of fire 1. Provide adequate firefighting Corrected during the 46 Health extinguisher and missing fire equipment. assessment. extinguishers in some areas of the 2. Ensure regular maintenance workplace. 3. Specify who conducts regular checks to make sure that the equipment is in place & functioning Apr-24 Occupational Safety and Emergency Preparedness The stockroom where raw materials are 1. Have a fire detection system in the 46 Health stored does not have a fire detection stock of raw material system installed. 2. include this in the system of daily- weekly checks Apr-24 Occupational Safety and Health Services and First Aid None of the workers working at night Train at least 10 percent of the 46 Health have been trained in first aid. workforce for the night shift Apr-24 Occupational Safety and Health Services and First Aid First aids boxes are missing items listed in 1. Equip first aid box 2. Define 46 Health the inventory. responsibility for refilling 3. Define responsibility for checking and include this in the system of daily-weekly charLe [page 117] 117 Apr-24 Occupational Safety and Health Services and First Aid The factory does not have an onsite Hire the required medical staff for day 46 Health medical facilities and staff. shift and night shift workers. Apr-24 Occupational Safety and Welfare Facilities Soap was not available in all toilets. Provide soap dispenser- Define who will 21 Health check that soap is available and include this in the system of daily-weekly checks. Apr-24 Occupational Safety and Welfare Facilities Insufficient number of toilets. Increase the number of toilets as 46 Health required by law. Ensure that paper is available in the restroom all the time. Apr-24 Occupational Safety and Working Environment The level of lighting in the workplace is The lux level comply with 9 Health unacceptable. the recommended limits. Apr-24 Occupational Safety and Working Environment The level of noise in the workplace is 1- Add rubber under the machine2- 31 Health unacceptable. Measure again the noise level & compare with threshold value Apr-24 Occupational Safety and Working Environment The temperature level in the workplace is 1. Install additional fans2. Specify who is The factory has taken 9 Health unacceptable. in charge of regular maintenance ofthe measure already to fans3. Conduct regular measurement of regulate the temperature temperature & compare with threshold in each area doing a value proper a maintenance to the cooling system. Apr-24 Occupational Safety and Worker Protection The circuit breakers were not or properly 1. Assign an electrician to labelled all 46 Health labelled. In addition, electrical boxes were circuit breakers and conduct more obstructed in the factory. regularly checks 2. include this aspect in the system of daily-weekly checks Apr-24 Occupational Safety and Worker Protection Several machines were missing finger Develop a preventive maintenance on 46 Health guards, eye guards and pulley guards. machine guards (which guards are needed on which machines) Apr-24 Occupational Safety and Worker Protection The factory did not provided proper PPE to Provide employees with all necessary 46 Health all workers. personal protective clothing and equipment. Post signs to remind workers about the PPE obligations. [page 118] 118 Apr-24 Occupational Safety and Chemicals and Hazardous Several hazardous chemicals were found Keep chemical MSDS for all hazardous 46 Health Substances without chemical safety data sheets. chemicals used in the workplace. Apr-24 Occupational Safety and Chemicals and Hazardous The chemical storage areas do not have Provide protective equipment and 46 Health Substances not all the safety requirements and Safety Safety data sheets where chemicals are data sheets are not available for all used and stored. chemicals. Apr-24 Occupational Safety and Chemicals and Hazardous Unlabeled containers of chemicals. Define who is entitled to pour The factory have been 46 Health Substances chemicals in other recipients and label collected all the containers them. without label. Someone is assigned to properly label all chemicals that enter the factory. Apr-24 Occupational Safety and Chemicals and Hazardous The chemical inventory is inaccurate Assign responsible persons for 46 Health Substances updating the inventories of hazardous substances in the various locations where they are stored or used. Apr-24 Occupational Safety and OSH Management Systems The employer has not trained all joint OSH - Train all joint OSH committee 31 Health committee members and posted policies members. and work instructions around the - Post policies and work instructions workplace. around the workplace. Apr-24 Occupational Safety and OSH Management Systems The factory does not record and submit 1. Declare accidents to local 46 Health work related accidents to OFATMA on a authorities2. Investigate accidents and monthly basis. develop preventive & remediation actions3. Prepare investigation report Apr-24 Contracts and Human Termination Assessors were not able to verify if the Pay workers their annual salary 46 Resources employer pay workers their annual salary supplement or bonus upon termination supplement or bonus upon termination. as required by law. Apr-24 Contracts and Human Termination Assessors were not able to verify if the Pay workers their unused paid annual 46 Resources employer pay workers their unused paid leave when they resign or terminated annual leave when they resign or as required by law. terminated. Apr-24 Contracts and Human Termination Assessors were not able to verify if the Pay workers their severance payment 46 Resources employer pay workers their severance upon termination and keep records for payment upon termination. at least 5 years. [page 119] 119 Apr-24 Contracts and Human Employment Contracts The factory does not an have internal Request the approval of the Internal 46 Resources work rules approved by the Ministry of work rules. Once approved the internal Labor and posted in the workplace. work rules need to be displayed in the workplace. Apr-24 Contracts and Human Employment Contracts The apprentice contracts were not Review and make updates to the 46 Resources approved by the Ministry of Labor (MAST), apprentice contract as required by law. as legally required. Apr-24 Compensation Social Security and Other The factory did not send workers pay slip Send workers pay slip for the last 3 46 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. Apr-24 Compensation Social Security and Other The factory does not collect and forward Collect and forward workers" 46 Benerfits workers’ contributions to OFATMA. contributions to OFATMA monthly. Apr-24 Compensation Social Security and Other ONA deduction are based on the Calculate employer's contribution to 46 Benefits minimum salary. ONA on Workers' basic salary. Then forward the contribution to ONA within the first 10 business days of the next month for the previous month. Apr-24 Compensation Social Security and Other The employer's contribution to OFATMA is Calculate Employer's contribution on 46 Benefits made late. Furthermore, the calculation Workers' basic salary. Then forward the for the payment is based on the minimum contribution to OFATMA within the first salary. 10 business days of the next month for the previous month. Apr-24 Compensation Social Security and Other Employer's contribution to ONA deduction Calculate ONA deduction on Workers" 46 Benefits are based on the minimum salary. basic salary. Then forward worker's contribution to ONA within the first 10 business days of the next month for the previous month. Apr-24 Compensation Social Security and Other Assessors were not able to verifythatthe Pay annual salary supplement on the 46 Benefits employer pay workers correctly for annual daily average salary and keep payment salary supplement or bonus. records for at least 5 years. Apr-24 Compensation Paid Leave The employer did not compensate Pay the weekly rest day after 48 hours 46 workers for the weekly rest day when they of work or 6 working days per week as completed 48 hours or less within 5 days. required by law. Weekly rest day payment is based on the average salary. [page 120] 120 Apr-24 Compensation Paid Leave The factory only paid 6 weeks of maternity Register with OFATMA for maternity 46 leave where workers are entitled to 12 and health insurance to OFATMA weeks of payment. Send workers’ pay slip and documents to OFATMA Ensure that workers receive full payment for maternity leave Apr-24 Compensation Paid Leave Assessors were not able to verifythatthe Register with OFATMA for maternity 46 employer pay workers correctly for sick and health insurance to OFATMA. Send leave. workers pay slip and documents to OFATMA for sick leave and maternity leave payment. Apr-24 Compensation Paid Leave Assessors were not able to verify thatthe Pay annual leave based on the daily 46 employer pay workers correctly for annual average salary and keep payment leave. records for at least 5 years. Apr-24 Compensation Wage Information, Use and Overtime hours were not registered for Make an amendment to the 9 Deduction several workers. employment contract and ensure that overtime are paid to all categories of workers. Apr-24 Compensation Overtime Wages Overtime performed at night were paid Make adjustments in the payroll system Ê] only at 50 percent above the normal wage. and ensure that night overtime is paid with increases of 100 percent above the normal wage. Assessment May 2023 May-23 Occupational Safety and Chemicals and Hazardous The inventory of chemical and hazardous Assign responsible persons for Health Substances 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 Health Substances container on receipt from supplier and control the label. May-23 Occupational Safety and Chemicals and Hazardous The chemical storage areas do not have Ensure that chemical storage area meet Health Substances not all the safety requirements. all safety requirements. May-23 Occupational Safety and Chemicals and Hazardous MSDS are not available for all chemicals Keep chemical MSDS for all hazardous Health Substances product. chemicals used in the workplace. May-23 Occupational Safety and Collective Bargaining Collective bargaining violation. Discuss legal requirements with the Health factory Manager and register all workers for maternity and Health Insurance. [page 121] 127 May23 Occupational Safety and Emergency Preparedness There was no smoke detector in the stock Install a smoke detector in this area and Health room between building 1 and 2. add this aspect in the daily or weekly checks. May-23 Occupational Safety and Emergency Preparedness Undercharged, obstructed and missing Install firefighting equipment in the Health fire extinguishers, in several areas ofthe warehouse building. workplace. May-23 Occupational Safety and Emergency Preparedness The floor was not clearly marked and the Update the evacuation map and Post Health evacuation plan need to be updated. evacuation map in all buildings. May-23 Occupational Safety and Emergency Preparedness Emergency exit was locked during the Provide additional space for storing Health working hours and escape routes were goods. Give instruction to security and obstructed. staff not to close gates in case of fire. May-23 Occupational Safety and Emergency Preparedness Fire drills are not conducted twice a year Conduct at least one emergency drill Health as recommended. every 6 months. May-23 Occupational Safety and Emergency Preparedness The total number of workers trained in Train at least 10 percent of the Health fire-fighting is less 10 percent of the workforce in fire-fighting. workforce. May-23 Contract and Human Employment Contracts The apprentice contracts were not Send the apprentice contracts to the Resources approved by the Ministry of Labor (MAST), Ministry of Labor (MAST) for approval. as legally required. May-23 Contract and Human Employment Contracts The factory does not have internal work Review the internal work rules. Resources rules approved by the Ministry of Labor. Send the document to MAST for approval. Ensure that all the pages are stamped. May-23 Contract and Human Employment Contracts The factory does not have an HR policy Develop an HR policy that is signed by Resources that is signed by top management. top May-23 Contract and Human Employment Contracts No evidence where management investigates shortcomings or issues in Resources investigates shortcomings or issues in HR HR performance. performance was provided during the assessment visit. May-23 Contract and Human Employment Contracts Disciplinary and termination procedures Include the following points in the Resources not adequate. procedure such as: - The right to defend oneself prior to termination, and to representation during disciplinary processes; - Timeframes for warnings and pavments. [page 122] 122 May-23 Contract and Human Employment Contracts The grievance procedure is not adequate. Include in the procedure Resources communication of changes made and resolution. May-23 Occupational Safety and Health Services and First Aid Worker did not receive the health cards Pay the health cards and request Health within the first 3 months of hiring. OFATMA to conduct the health checks. May-23 Occupational Safety and Health Services and First Aid No evidence of medical checks for Conduct the health checks twice a year. Health workers exposed to work-related hazards were present in worker's files. May-23 Occupational Safety and Health Services and First Aid No evidence of annual medical checks Pay the health cards and request Health 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 Health medical facilities and staff as required by Authorities or Hire the required art. 478 and 479 of the labor code. medical staff. May-23 Occupational Safety and Health Services and First Aid First aids boxes are missing several items Equip first aid box and define Health listed in the inventory list. responsibility for refilling. May-23 Occupational Safety and Health Services and First Aid The total number of workers trained in Train at least 10 percent of the Health first aid is less 10 percent of the workforce workforce in first aid. as recommended by Better Work. May-23 Occupational Safety and OSH Management Systems The factory does not record and submit Assign responsibilities to record work Health work related accidents to OFATMA on a related accidents. 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 accountability Define accountability and/or Health and/or responsibilities for OSH officer as responsibilities for OSH officer as well well as top management. as top management. May-23 Occupational Safety and OSH Management Systems The factory does not effectively Display OSH policies and work Health communicates and implements OSH instructions in the workplace. 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 Health monitors and measures OSH issues. OSH issues through: Regular test, survey and inspections. [page 123] 123 May-23 Occupational Safety and OSH Management Systems The factory does not have an emergency Develop an emergency preparedness Health preparedness procedure. procedure that includes: Reporting 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 hazard/risk Develop a hazard/risk management and Health management and control procedure. control procedure that includes: A systematic approach to identifying hazards. May-23 Occupational Safety and OSH Management Systems The factory does not have an adequate Develop the policy in consultation with Health OSH policy that is signed by top workers and their representatives management. which include measurable objectives and improvement targets. May-23 Compensation Paid Leave The calculation for annual leave payment Pay the lunch break. The June 13 decree does not include the lunch break suspends the 3*8 law, so payment. Better Work is not finding non-compliance for non- payment of the lunch break. May-23 Compensation Paid Leave Sick leave payment is not based on the Register the workers to OFATMA 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 Maternity leave payments are not based Register the workers to OFATMA 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 in the Pay the lunch break. The June 13 decree payroll. suspends the 3*8 law, so Better Work is not finding non-compliance for non- payment of the lunch break. [page 124] 124 May-23 Working Time Regular Hours The regular working hours are from 7:00 Ensure that regular hour do not exceed The 3*8 Law stating that AM to 5:00 PM including a 1 hour daily 48 hours per week. the lunch break is an break, 5 days a week, which is equivalent integral part of the eight- to 9 hours per day and 50 hours per week. hour day is no longer applicable. May-23 Compensation Social Security and Other The factory is affiliated with OFATMA for Discuss legal requirements with the Benefits accident insurance and payments for the General Manager and pay the health fiscal year 2022-2023 have been made. cards. However, the factory did not pay the health card (CDS). May-23 Compensation Social Security and Other The calculation of the average salary for Pay the lunch break. The June 13 decree Benefits the payment of annual salary supplement suspends the 3*8 law, so or bonus does not include the lunch break Better Work is not finding payment. non-compliance for non- payment of the lunch break. May-23 Compensation Social Security and Other The factory collects and forward workers' Calculate ONA deduction on Workers" Benefits contribution to ONA. However, ONA basic salary deduction are based on the minimum Forward worker's and employers' 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 OFATMA Discuss legal requirements with the Benefits maternity and health insurance. General Manager. Register with OFATMA for maternity and health insurance. May-23 Compensation Social Security and Other The factory submits employer's Calculate ONA deduction on Workers' Benefits contributions to ONA. However, ONA basic salary deduction are based on the minimum Forward worker's and employers' 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 OFATMA Register with OFATMA for maternity Benerfits maternity and health insurance. and Health insurance. May-23 Compensation Social Security and Other The factory did not send workers pay slip Send workers pay slip to OFATMA for Benerfits to OFATMA for sick leave and maternity sick leave and maternity leave payment. leave payment. May-23 Compensation Termination The employer provides the payment for Pay the lunch break. The June 13 decree the applicable notice period. suspends the 3*8 law, so Better Work is not finding non-compliance for non- payment of the lunch break. [page 125] 125 May-23 Compensation Termination The employer compensates workers for Pay the lunch break. The June 13 decree unused paid annual leave upon suspends the 3*8 law, so termination. Better Work is not finding non-compliance for non- payment of the lunch break. May-23 Compensation Termination The employers pays workers their annual Pay the lunch break. The June 13 decree salary supplement upon termination. suspends the 3*8 law, so Better Work is not finding non-compliance for non- payment of the lunch break. May-23 Compensation Wage Information, Use and The time records between the payroll and Have an accurate and detailed payroll Deduction attendance record did not match. system. May-23 Occupational Safety and Welfare Facilities Insufficient number of toilets. Increase the number of toilets as Health required by law. May-23 Occupational Safety and Welfare Facilities During the factory tour assessors, Provide soap dispenser and define who Health observed that soap was not available in all will check that soap is available. toilets. May-23 Occupational Safety and Worker Protection The employer has not provided proper Provide employees with all necessary Health 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 training Develop a training plan Health records for the use of personal protective Provide training on PPE equipment and machines. May-23 Occupational Safety and Worker Protection 90 percent of the single-needle machines Define who is in charge of installing Health were missing their finger guards. and regularly maintaining the machine guards. May-23 Occupational Safety and Worker Protection During the factory tour, assessors Make sure that warning sign is posted Health observed that one electrical box was on the door of the electrical panel. obstructed on the floor. May-23 Occupational Safety and Working Environment Noise level exceed 90 dB for 8 hours/day. Noise level should not exceed 90 dB for Health workers exposed to noise 8 hours/day. May-23 Occupational Safety and Working Environment The factory used two of the toilets inthe Ensure that storage area is clean. Health packing section as storage. However, itis Add this aspect in the daily and weekly not a clean zone. check. [page 126] 126 BETTER WORK HAITI - 28TH SYNTHESIS REPORT . Factory: HAITI BEST SEWING MFG SA Supplier ID 347 Location: Arrondissement de Port-au-Prince Number of workers: 269 Date of registration: Oct-09 Date of last two Better Mar-23 AUg-24 Work assessments Advisory and Training Services 4-Jul-24 Advisory services Summary of the advisory visit 1. Meeting with management: - Follow-up on factory's actual situation. - Follow-up on actual number of the factory, last ONA payment and payment for OFATMA accident 2023-2024. - Factory tour. 21-Jun-24 Advisory services Summary of the advisory visit 1. Meeting with management: - Follow-up on factory" actual situation. - Follow-up on actual number of the factory, last ONA payment and payment for OFATMA accident 2023- 2094 22-Mar-24 Advisory services Meeting with management to: Follow-up on factory" actual situation. Follow-up on actual number of the factory, last ONA payment and payment for OFATMA accident 2023-2024. Virtual factory tour. Advise the factory on the incoming question in the new assessment based on the 3*8 law the government put on hold. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment August 2024 Aug-24 Occupational Safety and Health OSH Management Systems The OSH policy signed by senior Update and adjust OSH policy and 40 management does not meet all the procedures. requirements. Aug-24 Occupational Safety and Health OSH Management Systems The factory does not have a Create a hazard/risk 40 hazard/risk management and control management and control procedure. procedure that includes that all dia canrenmnnte Aug-24 Occupational Safety and Health OSH Management Systems The factory does not have an accident Create an accident investigation 40 investigation procedure. procedure that includes all the necessary steps. Aug-24 Occupational Safety and Health OSH Management Systems The employer has failed to Ensure that all OSH issues are 40 investigate, monitor and measure investigated, monitored and OSH issues as required. measured accurately. Aug-24 Occupational Safety and Health OSH Management Systems The employer does not adequately Ensure that the factory conduct 40 assigns accountability for health and the joint OSH Committee safety to OSH Officers and HR meetings to address OSH issues. Director [page 127] 127 Aug-24 Contracts and Human Employment Contracts The grievance handling and dispute Review the procedure and include 40 Resources resolution procedures does not clear specification for a fair review include all the necessary elements. process and how changes should be communicated. Aug-24 Contracts and Human Employment Contracts The factory did not share a Develop a recruitment 40 Resources recruitment procedures. procedures that include all the step. Aug-24 Contracts and Human Employment Contracts The factory did not share a Develop a disciplinary and 40 Resources disciplinary and termination termination procedures that procedures. includes all the step. Aug-24 Contracts and Human Employment Contracts The factory does not investigates HR Develop a procedure on HR 40 Resources performance and issues. performance indicators and monitoring systems. Aug-24 Contracts and Human Employment Contracts The factory does not have an HR Make sure the factory has an HR 40 Resources policy that include all the necessary policy sign by the top elements. management with of all the necessarv elements Aug-24 Working Time Regular Hours Factory does not provide the legally Give the legally required break to 6 required breaks to pregnant women. all pregnant women. AuUg-24 Occupational Safety and Health Emergency Preparedness Insufficient number of workers Training needed for workers in 6 trained in the use of fire-fighting fire fighting. equipment. Aug-24 Occupational Safety and Health Emergency Preparedness Evidence of risk assessment was not Develop risk assessment 6 available. procedure. Perform regular risk assessment. Aug-24 Occupational Safety and Health Emergency Preparedness The factory did not conduct an Conduct fire drill at least twice a 113 emergency drill every 6 months as year. recommended by Better Work. Aug-24 Occupational Safety and Health Emergency Preparedness Emergency exits were not or properly Keep all emergency exit properly 6 identified in all Building. identified. Aug-24 Occupational Safety and Health Emergency Preparedness Inaccurate and missing evacuation Update and post an evacuation 121 plan, and the floor is not properly plans for all buildings, and ensure marked. that escape routes are clearly marked. Aug-24 Occupational Safety and Health Emergency Preparedness Fire extinguishers are not properly Provide adequate firefighting 102 maintained equipment and Ensure regular maintenance is done. Aug-24 Occupational Safety and Health Emergency Preparedness Alarm system and smoke detectors is Fire alarm system and smoke 102 not functioning in the cutting building detectors need to be installed and working properly in all buildings. Aug-24 Occupational Safety and Health Health Services and First First aid training had not been Train at least 10 percent of the 49 Aid provided to workers. workforce in first aid. [page 128] 128 Aug-24 Occupational Safety and Health Health Services and First Keep all first aid boxes in the The factory needs to designate a 40 Aid workplace unobstructed. person to monitor the first aid boxes. Aug-24 Occupational Safety and Health Health Services and First Insufficient medical personnel. Hire additional nurses and 3 152 Aid doctor's visits per week to comply with the labor code. Aug-24 Occupational Safety and Health Health Services and First Free annual health checks was not Proactively work with OFATMA to 133 Aid provided to workers. distribute the health cards and conduct the medical checks as required Aug-24 Occupational Safety and Health Health Services and First Free health checks was not provided Proactively work with OFATMA to 133 Aid to workers exposed to work-related distribute the health cards and hazards. conduct the medical checks as required Aug-24 Occupational Safety and Health Health Services and First Free health checks was not provided Proactively work with OFATMA to 133 Aid to workers within the first three distribute the health cards and months of hiring. conduct the medical checks as required Aug-24 Occupational Safety and Health Welfare Facilities The factory does not conduct the Conduct a water test every month 40 water test on a monthly basic. to check the quality of the drinking water. Aug-24 Occupational Safety and Health Worker Protection No evidence of training on personal Develop a training plan and 40 protective equipment was available. provide training on personal protective equipment to workers. Aug-24 Occupational Safety and Health Worker Protection Several sewing machines were Install the proper safety guards 40 missing eye guards, finger guards on all machines. and pulley guards. Aug-24 Occupational Safety and Health Worker Protection The factory did not provide Provide appropriate PPE support 6 appropriate PPE to all workers. to all workers. Aug-24 Occupational Safety and Health Chemicals and Hazardous Eye wash station is not available in The factory needs to install 40 Substances the spot-cleaning and chemicals eyewash station in all areas where storage. chemical products are used or store. Aug-24 Occupational Safety and Health OSH Management Systems The factory does not have an Create an emergency 6 emergency preparedness procedure. preparedness procedure that includes that all the Aug-24 Occupational Safety and Health OSH Management Systems According to management there is no Ensure, thatthe factory has a 6 OSH committee in place. functioning OSH committee. [page 129] 129 Aug-24 Occupational Safety and Health OSH Management Systems The structural safety certificate was Request a structural safety 50 not available. certificate from the city hall. Aug-24 Occupational Safety and Health OSH Management Systems The factory did not conduct OSH self Conduct and keep records of the 144 assessments on a monthly basis. assessment result on a monthly basis. Aug-24 Occupational Safety and Health OSH Management Systems The employer has not developed any Develop mechanism to ensure 6 mechanism to ensure cooperation on cooperation on OSH matters, by OSH matters. establishing an OSH committee Aug-24 Contracts and Human Termination Inaccurate payment for unused paid Calculate the unused paid annual 40 Resources annual leave when they resign or are leave on worker's daily average terminated. earnings as specified in Art. 148. Aug-24 Contracts and Human Termination Inaccurate payment of notice period Calculate the payment of notice 6 Resources when workers are terminated. period on worker's daily average earnings as specified in Art. 148. Aug-24 Contracts and Human Employment Contracts The factory did not share an internal Ensure that the factory has an 37 Resources work rules with the assessors. approve internal work rules by MAST. Aug-24 Contracts and Human Employment Contracts Inaccurate workers contract. Ensure the written contracts 40 Resources specify the amount or salary for the position. Aug-24 Compensation Social Security and Other The factory did not send workers pay Send the workers’ pay slip to 40 Benefits slip to OFATMA for sick leave and OFATMA for sick leave payment as maternity leave payment. required by Law. Aug-24 Compensation Social Security and Other Late payment to OFATMA maternity Collect and forward worker's 90 Benefits and health insurance. contribution on time to OFATMA. Aug-24 Compensation Social Security and Other Employer's contributions to ONA is Forward employer's contribution 90 Benefits forwarded late. on time to ONA. AUg-24 Compensation Social Security and Other Late payment to OFATMA maternity Forward employer's contribution 90 Benefits and health insurance. on time to OFATMA. Aug-24 Compensation Social Security and Other Workers' contributions to ONA is Collect and forward Worker's 90 Benefits forwarded late. contribution on time to ONA. [page 130] 130 Aug-24 Compensation Social Security and Other Inaccurate payment to OFATMA for Complete the payment for 49 Benefits work-related accident insurance. OFATMA work related accident for the fiscal year 2023-2024. Additionally, ensure that all documents are available in the HR department. Aug-24 Compensation Paid Leave The factory were not able to provide Ensure that all documents are 40 evidence maternity leave payment. available in the HR department. Aug-24 Compensation Paid Leave The factory were not able to provide Ensure that all documents are 40 evidence sick leave payment. available in the HR department. Aug-24 Compensation Paid Leave Inaccurate annual leave payment. Calculate the annual leave on 40 worker's daily average earnings as specified in Art. 148. Assessment March 2023 Mar-23 Occupational Safety and Health Chemicals and Hazardous Inventory of chemicals and hazardous Prepare an inventory for 146 Substances substances was not available at the chemical and hazardous time of the assessment visit. substances in the workplace and keep the inventory updated. Mar-23 Occupational Safety and Health Chemicals and Hazardous MSDSs are not available in local Translate MSDS in the local 152 Substances language for all chemicals used in the language and post them where workplace. chemical products are used. Mar-23 Occupational Safety and Health Chemicals and Hazardous Workers are not trained on the use Provide chemical management 147 Substances and handling of chemicals and system training to all workers hazardous substances. using chemicals and hazardous substances. Mar-23 Occupational Safety and Health Chemicals and Hazardous Eye wash station is not available in The factory needs to install 34 Substances the mechanic workshop. eyewash station in all areas where chemical products are used. Mar-23 Occupational Safety and Health Emergency Preparedness Fire extinguishers are not properly Provide adequate firefighting 96 maintained equipment and Ensure regular maintenance is done. Mar-23 Occupational Safety and Health Emergency Preparedness The employer did not conduct at least Conduct fire drill at least twice a 130 2 emergency drill per year. year. Mar-23 Occupational Safety and Health Emergency Preparedness Alarm system is not functioning inthe Fire alarm system need to be 96 embroidery building installed and working properly in all buildings. [page 131] 131 Mar-23 Occupational Safety and Health Emergency Preparedness Inaccurate evacuation plan andthe Update and post an evacuation 15 floor is not properly marked. plans for all buildings, and ensure that escape routes are clearly marked. Mar-23 Contract and Human Resources Employment Contracts Inaccurate workers contract. Ensure the written contracts 34 specify the amount or salary for the position. Mar-23 Contract and Human Resources Employment Contracts The factory did not share an internal Ensure that the factory has an 31 work rules with the assessors. approve internal work rules by MAST. Mar-23 Contract and Human Resources Employment Contracts The factory does not investigates HR Develop a procedure on HR 34 performance and issues. performance indicators and monitoring systems. Mar-23 Contract and Human Resources Employment Contracts The factory did not share a Develop a disciplinary and 34 disciplinary and termination termination procedures that procedures. includes all the step. Mar-23 Contract and Human Resources Employment Contracts The factory did not share a Develop a recruitment 34 recruitment procedures. procedures that include all the step. Mar-23 Contract and Human Resources Employment Contracts The grievance handling and dispute Review the procedure and include 34 resolution procedures does not clear specification for a fair review include all the necessary elements. process and how changes should be communicated. Mar-23 Contract and Human Resources Employment Contracts The factory does not have an HR Make sure the factory has an HR 34 policy that include all the necessary policy sign by the top elements. management with of all the naracearu alamante Mar-23 Occupational Safety and Health Health Services and First Insufficient medical personnel. Hire additional nurses and 3 146 Aid doctor's visits per week to comply with the labor code. Mar-23 Occupational Safety and Health Health Services and First Products in first aid boxes are missing The factory needs to designate a 34 Aid the expiration date. person to monitor the first aid boxes. Mar-23 Occupational Safety and Health Health Services and First Insufficient number of workers Train at least 10 percent of the 43 Aid trained in first aid. workforce in first aid. Mar-23 Occupational Safety and Health Health Services and First Free health checks was not provided Proactively work with OFATMA to 129 Aid to workers within the first three distribute the health cards and months of hiring. conduct the medical checks as required [page 132] 132 Mar-23 Occupational Safety and Health Health Services and First Free health checks was not provided Proactively work with OFATMA to 74 Aid to workers exposed to work-related distribute the health cards and hazards. conduct the medical checks as required Mar-23 Occupational Safety and Health Health Services and First Free annual health checks was not Proactively work with OFATMA to 127 Aid provided to workers. distribute the health cards and conduct the medical checks as required Mar-23 Occupational Safety and Health OSH Management Systems The factory did not provide any Conduct and keep records of the 138 evidence of OSH assessments reports assessment result on a monthly for the last 12 months. basis. Mar-23 Occupational Safety and Health OSH Management Systems The factory did not provide any keep records of the meeting 44 evidence of OSH bipartite meeting minutes on a monthly basis. minutes for the last 12 months. Mar-23 Occupational Safety and Health OSH Management Systems The structural safety certificate was Request a structural safety 44 not available. certificate from the city hall. Mar-23 Occupational Safety and Health OSH Management Systems The employer does not adequately Ensure that the factory conduct 34 assigns accountability for health and the joint OSH Committee safety to OSH Officers and HR meetings to address OSH issues. Director Mar-23 Occupational Safety and Health OSH Management Systems The factory does not communicate Ensure that training are provided 34 and implement OSH policies and to all relevant staff. procedures. Mar-23 Occupational Safety and Health OSH Management Systems The employer has failed to Ensure that all OSH issues are 34 investigate, monitor and measure investigated, monitored and OSH issues as required. measured accurately. Mar-23 Occupational Safety and Health OSH Management Systems The factory does not have an accident Create an accident investigation 34 investigation procedure. procedure that includes all the necessary steps. Mar-23 Occupational Safety and Health OSH Management Systems The factory does not have a Create a hazard/risk 34 hazard/risk management and control management and control procedure. procedure that includes that all the requirements. Mar-23 Occupational Safety and Health OSH Management Systems The OSH policy signed by senior Update and adjust OSH policy and 34 management does not meet all the procedures. requirements. Mar-23 Compensation Paid Leave Inaccurate annual leave payment. Calculate the annual leave on 34 worker's daily average earnings as specified in Art. 148. [page 133] 133 Mar-23 Compensation Paid Leave The factory were not able to provide Ensure that all documents are 34 evidence sick leave payment. available in the HR department. Mar-23 Compensation Social Security and Other Late payment to OFATMA maternity Forward all worker's contribution 84 Benefits and health insurance. on time to OFATMA for maternity and health. Mar-23 Compensation Social Security and Other Inaccurate payment to OFATMA for Complete the payment for 43 Benefits work-related accident insurance. OFATMA work related accident for the fiscal year 2023-2024. Mar-23 Compensation Social Security and Other Workers' contributions to ONA is Forward worker's contribution on 84 Benefits forwarded late. time to ONA. Mar-23 Compensation Social Security and Other Employer's contributions to ONA is Forward employer's contribution 84 Benefits forwarded late. on time to ONA. Mar-23 Compensation Social Security and Other Late payment to OFATMA maternity Forward all employer's 84 Benefits 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 pay Send the workers" pay slip to 34 Benefits slip to OFATMA for sick leave and OFATMA for sick leave payment as maternity leave payment. required by Law. Mar-23 Contract and Human Resources Termination Inaccurate payment for unused paid Calculate the unused paid annual 34 annual leave when they resign or are leave on worker's daily average terminated. earnings as specified in Art. 148. Mar-23 Occupational Safety and Health Welfare Facilities The factory does not conduct the Conduct a water test every month 34 water test on a monthly basic. to check the quality of the drinking water. Mar-23 Occupational Safety and Health Worker Protection Several sewing machines were Install the proper safety guards 34 missing eye guards, finger guards on all machines. and pulley guards. Mar-23 Occupational Safety and Health Worker Protection No evidence of training on personal Develop a training plan and 34 protective equipment was available. provide training on personal protective equipment to workers. Mar-23 Occupational Safety and Health Worker Protection Improper maintenance of electrical Ensure that all electrical panel are 74 system of the factory. accessible and all circuit breakers are identified. [page 134] 134 BETTER WORK HAITI - 28TH SYNTHESIS REPORT . Factory: HANSAE HAITI S.A Supplier ID 2319 Location: Arrondissement de Port-au-Prince Number of workers: 1,850 Date of registration: Jan-17 Date of last two Better Mar-23 Apr-24 Work assessments: Advisory and Training Services 6-Dec-24 Industry Seminar Virtual Preventing and Addressing Sexual Harassment and Abuse 7-Nov-24 PICC Meeting New committee implemented following the factory reopening. 14-Aug-24 advisory meeting Meeting to guide compliance officer on the completion of the Pr1. Copy of the guidance was sent prior to the meeting. Management to submit Pr1 draft for review and finaliz 5-Jul-24 advisory meeting Review the improvement plan with management to record the last edits and updates. Factory rehire 12 members of the local staff to follow-up on administrative task. 21-Jun-24 Advisory Services Meeting with management regarding the retrenchment as the factory is preparing to terminate the contract of 90 percent of his workforce due to lack orders and the possibility that they can't extend the 2 month suspension. Advisor review the different documentation and compensation package and benefits plan to be provided to the 27-May-24 Advisory Services Meeting with the factory senior management and union regarding the factory's decision for a 2 months suspension workers. Meeting with the compliance and Human resource officers on the improvement plan. Advisor reviewed the documents shared and evidences submitted. 10-Apr-24 Industry Seminar Virtual Preventing and Addressing Sexual Harassment for Workers 19-Mar-24 Industry Seminar Virtual Workers' Rights & Responsibilities 1-Mar-24 Industry Seminar Virtual Preventing and Addressing Sexual Harassment for Middle Management 23-Feb-24 Industry Seminar Virtual Preventing and Addressing Sexual Harassment for Workers 26-Jan-24 Advisory Services Meeting with Management and trade union members. Discussion was on an incident where factory terminated a worker after posting incentive tables on Facebook. Management decided to keep the sanction. Discussion was also on pending upcoming evaluation and a self assessment to see where the factory is. The fact that foreign managers not being registered in OFATMA is still a concern. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment April 2024 Apr-24 Occupational Safety OSH Management Systems The written OSH policy signed by Add the missing elements in the OSH policy. 29 and Health management does not include all the necessary elements. Apr-24 Occupational Safety OSH Management Systems The factory does not have a hazard/risk Develop a hazard/risk management and 29 and Health management and control procedure that control procedures that includes: A includes all the necessary elements. systematic approach to identifying hazards, a structure to prioritize risks based on potential impact and likelihood, a hierarchy of controls that is used to select effective controls and a risk register that drives the implementation of cantrale Apr-24 Occupational Safety OSH Management Systems The factory does not have an OSH policy Develop an OSH policy and procedures that 29 and Health includes all the necessary elements. includes regular management review of effectiveness of management system including performance on measurable objectives and targets. Ensure that accident investigations are followed by an actual [page 135] 135 Apr-24 Occupational Safety OSH Management Systems Management did not ensured effective Schedule regular OSH committee meetings to 13 and Health functioning of the OSH committee. ensure it is effective functioning properly. Apr-24 Contracts and Human Employment Contracts The factory does not investigates Develop an HR procedure that includes 29 Resources shortcomings or issues in HR investigations of HR issues and periodic performance. reviews. Provide evidence of management investigations of shortcomings or HR violations. Apr-24 Working Time Overtime The employer did not receive prior Ensure to receive prior authorization from the Management sent letters to the 2 authorization to work overtime fromthe department of labor before working Ministry of Social Affairs requesting department of labor. overtime. authorization to work overtime. Apr-24 Occupational Safety Emergency Preparedness Obstructed evacuation routes. Complete daily inspection tour on the floor. 35 and Health Ensure that evacuation routes are free of obstructions. Apr-24 Occupational Safety Emergency Preparedness Evacuation routes are not clearly marked Remark the evacuation route in building 1. Maintenance traced the evacuation 14 and Health and the evacuation map is not updated. Update the evacuation map to reflect the routes clearly, and Compliance actual layout. updated the evacuation map to reflect the layout. Apr-24 Occupational Safety Health Services and First One first aid box in building 20 thatwas Ensure that first aid boxes have necessary The factory had installed the first 2 and Health Aid missing medical supplies and no first aid medical supplies. Ensure that medical aid boxes in the dormitory and put box was available in the dormitory. supplies are available in the dormitory, the missing medical supplies in the first aid boxes in Building 21. Apr-24 Occupational Safety Health Services and First Workers did not received free annual Pay the health cards for all the workers on a The factory complies with local law, 14 and Health Aid health checks. yearly basis. and we pay the health cards for all workers annually. Apr-24 Occupational Safety Health Services and First The workers exposed to work related Ensure that workers exposed to work related The OFATMA medical team had 14 and Health Aid hazards had not received free health hazard received a health check twice a year. started health checks on workers checks twice a year. exposed to work-related risks, but continuity was not carried out due to insecurity. Apr-24 Occupational Safety Health Services and First Management did not pay for the health Ensure that workers received the health cards The administration will continue to 14 and Health Aid cards for the workers and they did not within the first 3 months of hiring. follow up with OFATMA so that receive free health check within the first 3 workers can receive their health months of hiring. cards. Apr-24 Occupational Safety Worker Protection Unidentified circuit breakers were found Identify all the circuit breakers. During the assessment, 29 and Health in several areas within the various maintenance identified the circuit buildings of the factory. breakers in the compressor room of building 50 and the mechanical workshop of building 1. [page 136] 136 Apr-24 Occupational Safety Chemicals and Hazardous The inventory of chemicals and Specify the location where all products inthe During the assessment, 49 and Health Substances hazardous substances does not specify chemical inventory are stored. compliance specifies the location the locations of all products. of chemicals in the inventory. Apr-24 Occupational Safety OSH Management Systems Management has not posted names of Post OSH committee members’ names where Compliance posted the names of 13 and Health OSH committee members. all workers can see. OSH committee members in all factories during the assessment. (See attached evidence) Apr-24 Contracts and Human Termination Foreign workers do not receive balance Ensure to provide balance of annual salary 14 Resources of annual salary supplement upon supplement to foreign workers at the leaving the company because of contract termination. dismissal or resignation. Apr-24 Contracts and Human Termination The annual leave payment is not Include all the payment in the calculation of 14 Resources calculated on the average daily earning. the daily average earning. Ensure that foreign In addition, foreign workers do not workers receive the balance of their annual receive balance of annual leave upon leave payment upon dismissal or resignation. dismissal or resignation. Apr-24 Contracts and Human Employment Contracts The contract for the foreign workers does Ensure that boni should be once, at the end 2 Resources not comply with the labor code. of the year. Apr-24 Compensation Social Security and Other The employer's contribution to ONA does Include production incentives and weekly rest 29 Benefits not include production incentives and day payments in the ONA contribution. weekly rest day payments. Apr-24 Compensation Social Security and Other The workers’ contribution to ONA does Include the production incentives and weekly 29 Benefits not include production incentives and rest day payments in the calculations of the weekly rest day payments. ONA contribution. Apr-24 Compensation Social Security and Other Foreign workers do not receive an annual Pay the annual salary supplement to all The top management has already 29 Benefits salary supplement payment or Boni. employee. revised the contract of foreign workers to comply with local legislation. Apr-24 Compensation Paid Leave The annual leave payment is not Include all payments in the calculation of the 29 calculated on worker's average daily average daily earning. earnings. Apr-24 Compensation Overtime Wages The foreign workers who worked after Pay the overtime at night 50 percent above 2 6pm were not paid overtime. the normal wage for the night shift. Assessment March 2023 Mar-23 Occupational Safety OSH Management Systems The OSH policy does not include all the Include missing elements in the OSH policy. Factory updated the OHS policy to and Health necessary elements. implement measures and targets in consultation with worker representatives. Mar-23 Occupational Safety OSH Management Systems The hazard/risk management and control Ensure that an hazard/risk management and Factory implemented the risk and Health procedure was not available at the time control procedures are available. management and control of the assessment visit. procedure. [page 137] 137 Mar-23 Occupational Safety OSH Management Systems Management does not perform a review Add the missing elements in the procedure. Factory updated the OHS policy, and Health of its management system documents. Conduct a review of effectiveness of and annually we will continue to management system including performance work and update our OHS policy. on measurable objectives and targets Accident investigations, followed by an actual change in procedures. Mar-23 Occupational Safety OSH Management Systems Management has not posted names of Post the names of the OSH committee Factory already posted the OSH and Health OSH committee members members where all workers can see. committee's names in all 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 investigate Factory already implemented this Resources shortcomings or issues in HR shortcomings or issues in HR performance. indicator for investigating HR performance. performance gaps or issues. Mar-23 Working Time Regular Hours Pregnant women in building 50 are not Ensure that pregnant women are entitled to 2 The 2 women were trained and the entitled to two period of rest in addition additional break of 30 minutes each. extra hour of break is provided to to the lunch break. them. AIl pregnant women who bring a 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 Haitian labor code for all pregnant women Mar-23 Working Time Regular Hours The employer has not posted the Post the working hours including the break The factory posted the working factory's working hours for all shifts time in building 50. hours with break time included. including break time in building 50. The HR department has already posted the working hours and including break time in all factories. Mar-23 Working Time Regular Hours The regular working hours are exceed Ensure that the regular hours do not exceed According to the decree published the legal limit. the legal limit of 8 hours a day and 48 hours a on June 2023, the break time is no week. longer considered as part of the regular working hours, [page 138] 138 Mar23 Occupational Safety Emergency Preparedness Several aisles were obstructed and one Ensure that the aisles remained unobstructed The factory provided training on and Health emergency exit locked during working and the emergency exits remained unlocked health and safety by the hours including overtime. during the working hours. microphone for workers in the warehouse, cutting, packing, and 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 caruiritu ta ariard tha avite Mar-23 Occupational Safety Emergency Preparedness Escape routes are not clearly marked. Properly mark the escape routes of the The maintenance team had already and Health Building 1 and the warehouse of building 55. marked the escape route in the cutting department and warehouse of building 55 after the assessment. Mar-23 Occupational Safety Emergency Preparedness Improper maintenance of fire Ensure that regular checked are performed We had already installed the fire and Health extinguishers. on the fire fighting equipment. extinguisher in the diesel stockroom and we inspected the fire extinguishers for all factories, and change some fire extinguishers that had lost pressure. Mar-23 Occupational Safety Emergency Preparedness The diesel stock room has no smoke Install fire detection equipment such as Maintenance has already installed and Health detectors neither an alarm installed. smoke detector in the diesel stock room. the smoke detector in the diesel stock room. Mar-23 Occupational Safety Health Services and First Two products in the medical clinic were Identified all the medical products available in The medical clinic has identified all and Health Aid not properly identified. the first aid boxes. medical products, and compliance will inspect the clinic monthly on this. Mar-23 Occupational Safety Health Services and First Insufficient number nurses in the Hire two additional nurses. The HR department had hired 2 and Health Aid workplace. nurses after the assessment. Mar-23 Occupational Safety Health Services and First The factory does not systematically Ensure that CDS is paid for all the workers. Factory put in place a schedule to and Health Aid provide free annual health checks to all Contact OFATMA to provide free heath checks carry out the medical checks of workers. to workers. foreign workers on July 29 and on August 5th. Mar-23 Occupational Safety Health Services and First The factory does not systematically Ensure that CDS is paid for all the workers. The HANSAE administration has and Health Aid provide free health checks to workers Contact OFATMA to provide free heath checks already sent a letter to the medical exposed to work-related hazard. to workers. department of OFATMA for the medical checks of our workers. [page 139] 139 Mar23 Occupational Safety Health Services and First The factory does not systematically Ensure that CDS is paid for all the workers. The HANSAE administration has and Health Aid provide free health checks to workers Contact OFATMA to provide free heath checks already sent a letter to OFATMA within the first three months of hiring. to workers. medical management for the medical follow-up of our workers. Mar-23 Occupational Safety Welfare Facilities Insufficient numbers of toilets for women Have an adequate numbers of toilet for The toilets are repaired and are and Health in the workplace. women. being used by the workers. The factory has 166 toilets for 1445 women, which compliant. Mar-23 Occupational Safety Working Environment Light levels are inadequate in several Ensure that lux levels are adequate in allthe The compliance had provided a and Health section of the workplace. departments and sections. daily illumination report for the maintenance, and the maintenance is monitoring the light level on a regular basis. Mar-23 Occupational Safety Working Environment The temperature levels exceeded 30 Cin Ensure to monitor the temperature level ata Factory repaired the fans through and Health several section of the workplace. maximum of 30 C. maintenance the fans. The factory bought an equipment to monitor and check regularly the temperature level. Mar-23 Occupational Safety Worker Protection Workers are working at height without Ensure that workers have the necessary The maintenance has already and Health industrial platform ladder. equipment to perform their duties. provided an industrial platform ladder for workers working at height during the assessment. Mar-23 Occupational Safety Worker Protection The electrical installation was not Ensure that maintenance are regularly We provided the maintenance with and Health properly maintained. scheduled and daily compliance checks are a regular daily and monthly report, performed. and this report will be on the control of compliance. Mar-23 Occupational Safety Worker Protection The grinder in the mechanic shop is Ensure that equipment and machinery are Maintenance has installed eye and Health missing eye guards. equipped with necessary guards. protection in the grinder in the mechanical workshop during the assessment. Mar-23 Occupational Safety Worker Protection Factory has not provided proper PPE to Ensure that workers received necessary The compliance has provided and Health all workers. protective equipment to perform their safety belts for temporary workers, duties. and goggjles in the mechanic shop for workers using the grinder, we have a checklist of the EPP we provide for all workers who Mar-23 Occupational Safety Chemicals and Hazardous No eye wash station has been installed in Ensure that cleansing facility is available The maintenance manager has and Health Substances all areas where chemical and hazardous where chemicals are used and stored. installed the eyewash stations in products are used. the 3 cleaning rooms as requested, and the eyewash station is clear of any obstruction near the mechanic area. Mar-23 Occupational Safety Chemicals and Hazardous One chemical product was found without Ensure that safety data sheets are available Factory displayed the safety data and Health Substances chemical safety data sheets. for all chemicals used and stored. sheet for the Axia product in the mechanical workshop during the evaluation. [page 140] 140 Mar23 Occupational Safety Chemicals and Hazardous Unlabeled containers of chemical Ensure to identify containers that are used in We had put labels on containers in and Health Substances products. the workplace. this department and also provide training on hazards and safety precautions. Mar-23 Occupational Safety Chemicals and Hazardous The chemical inventory was not accurate Update the chemical inventory and ensure We have already updated and and Health Substances and did not include the name of all that all chemicals used and stored in the specified in our inventory the chemicals used in the workplace. workplace are included. location where the chemicals will store for each factory and accurately the name of all chemicals used in the workplace. Mar-23 Contracts and Human Termination The calculation of the average salary for Pay the lunch break The June 13th decree suspends all Resources the payment of annual salary supplement provisions of the 3*8 law. The upon termination does not include the payment of the lunch break is no lunch break payment. longer required. Mar-23 Contracts and Human Termination The calculation of the average salary for Pay the lunch break. The June 13th decree suspends all Resources the payment of unused paid annual leave provisions of the 3*8 law. The upon termination. does not include the payment of the lunch break is no lunch break payment. longer required. Mar-23 Contracts and Human Termination The calculation of the average salary for Pay the lunch break. The June 13th decree suspends all Resources the payment of applicable notice period provisions of the 3*8 law. The does not include the lunch break payment of the lunch break is no payment. longer required. Mar-23 Contracts and Human Employment Contracts The internal work rules do not comply Insert the time in the internal working rules. Factory shared an addendum to Resources with the labor code. It is missing the the internal working rules that is payment time. approved by the Ministry of Labor. Mar-23 Compensation Social Security and Other The calculation for the workers Pay the lunch break. The June 13th decree suspends all Benefits ‘contribution to OFATMA does not include provisions of the 3*8 law. The the lunch break payment. payment of the lunch break is no longer required. Mar-23 Compensation Social Security and Other The calculation for the employer's Pay the lunch break. The June 13th decree suspends all Benefits contribution to ONA does not include the provisions of the 3*8 law. The lunch break payment. payment of the lunch break is no longer required. Mar-23 Compensation Social Security and Other The calculation for the employer" Pay the lunch break. The June 13th decree suspends all Benefits contribution to OFATMA does not include provisions of the 3*8 law. The the lunch break payment. payment of the lunch break is no longer required. Mar-23 Compensation Social Security and Other The calculation for the workers" Pay the lunch break. The June 13th decree suspends all Benefits contribution to ONA does not include the provisions of the 3*8 law. The lunch break payment. payment of the lunch break is no longer required. Mar-23 Compensation Social Security and Other The calculation for annual salary Include the lunch break payment in the The June 13th decree suspends all Benefits supplement or bonus does not include calculation of the bonus payment. provisions of the 3*8 law. The the lunch break payment. payment of the lunch break is no longer required. [page 141] 141 Mar23 Compensation Social Security and Other The factory did not adequately pay CDS Pay the lunch break. Pay the CDS. The June 13th decree suspends all Benefits for all workers. 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 in Pay the lunch break. The June 13th decree suspends all the payroll. 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 for Pay the lunch break. The June 13th decree suspends all maternity leave payments does not provisions of the 3*8 law. The include the lunch break payment. payment of the lunch break is no longer required. Mar-23 Compensation Paid Leave Sick leave payments are not based on Pay the lunch break. The June 13th decree suspends all average daily earnings as the calculation provisions of the 3*8 law. The does not include the lunch break payment of the lunch break is no payment. longer required. Mar-23 Compensation Paid Leave The annual leave payment is not Include the payment of the lunch break in the The June 13th decree suspends all calculated based on worker's average calculation of the annual leave payment. provisions of the 3*8 law. The daily earnings as the calculation does not payment of the lunch break is no include the lunch break payment. longer required. Mar-23 Forced Labor Coercion The foreign workers’ contract are not in Update the contract for the foreign workers. Factory updated the foreign line with ILO recommendations. employees contract. [page 142] 142 BETTER WORK HAITI - 28TH SYNTHESIS REPORT .. Factory: MAS AKANSYEL S.A Supplier ID 133 Location: Arrondissement du Trou du Nord Number of workers: 1,133 Date of registration: Jun-17 Date of last two Better Apr-23 May-24 Work assesemente: Notes : This factory closed its doors in November of Advisory and Training Services 10-Sep-24 Advisory meeting Meeting with management staff on closure guidelines and next steps. 17-jul-24 Training Supervisory Skills Training 10-Jul-24 Advisory meeting Advisory meeting with ERB. Advisor facilitated a session on issue prioritization. ERB members proposed solutions and discussed with management representatives on expected remediation and timeline for remediation. 5-Jut-24 Industry Seminar Virtual Emergency Preparedness 19-Jun-24 Advisory meeting Meeting with management (HR, Compliance, Chief accountant) on the Improvement plan. Factory shared evidence of remediation and advisor updated the improvement. Discussed updates regarding the ongoing retrenchment. Management is waiting for MAST approval for the termination of the nursing and pregnant women. 6-Jun-24 Advisory meeting Meeting with management and Brand on the current industrial conflict with the unions. Advisor shared recommendations on the option for remediation and management agree to seek MAST intervention to resolve the conflict. Advisor also shared recommendations for the priority to be given to the union representatives and pregnant women during the retrenchment. 2-Apr-24 Industry Seminar Virtual Supervisory Skills 15-Mar-24 Industry Seminar Virtual Workers' Rights & Responsibilities 1-Mar-24 Industry Seminar Virtual Preventing and Addressing Sexual Harassment for Middle Management 27-Feb-24 Industry Seminar Virtual Preventing and Addressing Sexual Harassment for Supervisory 23-Feb-24 Industry Seminar Virtual Preventing and Addressing Sexual Harassment for Workers 23-Feb-24 Advisory meeting Meeting with the management on the factory upcoming retrenchment plan. Discussed findings that were not completed during the past cycle. Meeting with ERB members and trade unions on current concern and challenges. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment May 2024 May-24 Occupational Safety and OSH Management The factory has not conducted Provide the evidence for the The factory conducts OSH meeting every month with our OSH team. 16 Health Systems - Regular test, survey and inspections. regular tests on OSH points. Moreover, we are doing an OSH audit every week. May-24 Occupational Safety and OSH Management The OSH committee does not meeting Conduct OSH meeting on a regular Management conducts regular OSH meeting on a monthly basis. 16 Health Systems regularly. basis. May-24 Working Time Overtime The factor did not receive the approval Get the approval from the 3 notice from the Department of Labor to Department of Labor to perform perform overtime. overtime. May-24 Working Time Overtime Workers in some department work Ensure that overtime hours do not Management is managing closely the overtime to avoid such issue. 3 more than 80 hours of overtime by exceed 80 hours per trimester. trimester. May-24 Working Time Overtime The factory did not receive the approval _ Get the approval from the No work is currently performed on Sundays. 3 from the Department of Labor to Department of Labor to work on perform work on Sundays. Sundays. [page 143] 143 May-24 Working Time Overtime The factory did not obtain prior Get the approval from the 3 authorization from MAST to perform Department of Labor to perform overtime. overtime. May-24 Working Time Regular Hours The factory did not receive the approval Get the approval from the 3 from the Department of Labor to Department of Labor to perform perform overtime at night. overtime at night. May-24 Working Time Regular Hours The regular daily or weekly hours Keep the regular working time in 3 exceed the legal limit and therefore do the legal limit of 8 hours a day and not comply with the labor code. 48 hours a week. May-24 Occupational Safety and Emergency The aisles in the sewing floor were Keep all the aisles clear and We conduct daily safety walks using a health and safety checklist, during 44 Health Preparedness obstructed with boxes and tables. unobstructed. which we highlight all health and safety issues identified each day and follow up on corrective actions until they are completed. May-24 Occupational Safety and Emergency The floor needs to be repainted. Ensure that evacuation routes are Management removed the demarcation to identify clear evacuation path. 25 Health Preparedness The assembly point is not visible upon clearly marked for modules 11 and Direction arrow board is placed near the finishing goods emergency exit exiting the emergency exit door. 11. Have arrows to guide to the where all workers can see. assembly points upon exiting the finishing goods emergency exit. May-24 Occupational Safety and Emergency Improper maintenance of fire fighting Ensure that the inspection tag on The management took corrective action during the assessment visit for the 3 Health Preparedness equipment. the extinguishers reflects both issues. accurately the inspection checks. Ensure that all forklift have a fire extinguisher on. May-24 Occupational Safety and Emergency Assessors observed that one alarm Ensure that alarm is available at all The obstruction was removed during the assessment visit. 16 Health Preparedness Switch was obstructed. time during the working hours. May-24 Occupational Safety and Health Services and First Keys were not available onthe floorto Ensure that first aid box are Management kept the first aid box open at all time. The issue was corrected EH] Health Aid opened the first aid boxes. accessible . during the assessment visit. Management took corrective action during assessment. May-24 Occupational Safety and Health Services and First Insufficient number of nurses. Hire an adequate number of 25 Health Aid nurses. May-24 Occupational Safety and Health Services and First Medical checks were not provided to Ensure to pay the health cards to 3 Health Aid workers annually. OFATMA for the annual health checks and contact OFATMA to perform the necessary checks. May-24 Occupational Safety and Health Services and First Medical checks were not provided to Ensure to pay the health cards to 3 Health Aid workers exposed to work-related OFATMA for the annual health hazards. checks and contact OFATMA to perform the necessary checks. May-24 Occupational Safety and Health Services and First Management did not share evidence Ensure to pay the health cards to 3 Health Aid that medical checks were provided to OFATMA for the annual health workers in their first three months of checks and contact OFATMA to hiring. perform the necessary checks. May-24 Occupational Safety and Working Environment Temperatures exceeded the Ensure to maintain the 3 Health recommended 30 C. temperature below 30 C. [page 144] 144 May24 Occupational Safety and Worker Protection One worker was working in the Ensure that workers are aware to Management conducted Personal Protective Equipment (PPE) awareness 25 Health mechanic shop using grinder without safety use machines and training for all employees working in the mechanic shop on June 25, 2024, as any personal protective equipment. equipment's. agreed. May-24 Occupational Safety and Worker Protection Unlabeled and obstructed circuit Ensure that all circuit breakers are The issues were corrected during the assessment visit. 3 Health breakers. identified and accessible to responsible employees assigned by management. May-24 Occupational Safety and Worker Protection Employer did not provide safety to Provide necessary protective The issue was corrected during the assessment visit. 25 Health workers belt doing heavy lifting . equipment to workers that are doing heavy lifting work. May-24 Occupational Safety and Chemicals and There is no eye wash in the mechanic Install an washing facility in the We have a designated chemical storage room equipped with eyewash stations 3 Health Hazardous Substances room. mechanic where chemical is used and PES. Moving forward, chemicals will only be stored in the designated or ensure that chemical is not used chemical room. inside the mechanic room. May-24 Occupational Safety and Chemicals and Several hazardous chemicals were Ensure that all chemicals used in 55 Health Hazardous Substances found without chemical safety data the workplace have their safety sheets. data sheets. May-24 Occupational Safety and Chemicals and The chemical inventory was not Update the inventory of chemical 81 Health Hazardous Substances accurate. as necessary and include the name of all chemicals used in the workplace May-24 Contracts and Human Termination The calculation for the annual leave Include the allowance in the E Resources payment is inaccurate. annual leave payment upon termination. May-24 Compensation Social Security and Other The factory has not paid OFATMA for Provide evidence for the payment 3 Benefits work-related accident insurance for the ofthe fiscal 2023-2024 for OFATMA fiscal year 2023-2024. work-related accident. May-24 Compensation Paid Leave The holidays are not paid on average Paythe holidays based on the 3 daily salary to all workers. average daily salary. May-24 Compensation Paid Leave Weekly rest day payments were not Pay weekly rest day payment to 3 compensated in the payroll for workers workers who accumulated 48 who accumulated 48 hours within 5 hours within 5 days or less. days as required by the law May-24 Compensation Premium Pay Assessors noted that regular hours Pay the night shift as per law Management discontinued the night shift for the Embroidery department. 3 performed at night were paid onlÿon requirement. Therefore, moving forward, we will not be operating any night shifts. the minimum wage. May-24 Compensation Premium Pay The regular hours performed on Have the workers working in the 4 Saturdays and Sundays were paid on embroidery department work on the minimum salary. the regular schedule as per the internal work rules. [page 145] 145 May-24 Compensation Overtime Wages Overtime performed at night were paid Pay overtime performed at a50 Management discontinued the night shift for the Embroidery department. 3 only at 50 percent above the day shift percent above normal rate at Therefore, moving forward, we will not be operating any night shifts. wage. night. Assessment April 2023 Apr-23 Occupational Safety and OSH Management Management did not show evidence Ensure that regular test, survey Tests and other relevant things are carried out Heaith Systems that the employer investigates monitors and inspections are conducted on and measures OSH issues. a regular basis to monitor and measure OSH priorities. 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 point person, we will start back the OSH Health Systems regularly, to ensure that the OSH meeting regularly. Atleastona committee committee is functioning effectively. monthly basis. Apr-23 Occupational Safety and Emergency The factory did not provide assessors Ensure that 10 percent ofthe Heaith Preparedness with a list of workers who were trained_ workforce is trained in fire fighting in the use of fire-fighting equipment. equipment and keep the attendance list available. Apr-23 Occupational Safety and Emergency One aisle in the warehouse was Ensure that escape routes Cleared the path by removing those boxes. Heaith Preparedness obstructed by a table where a worker remained unobstructed. was performing regular work. There were à lot of carboard boxes blocking the area as well. Apr-23 Occupational Safety and Emergency The evacuation plan does not reflect the Ensure that evacuation plan is This issue was fixed. That level is included and arrow point is setup upon Heaith Preparedness layout of the building. reflecting the current layout and exiting the emergency exit. include the meeting point. Apr-23 Occupational Safety and Emergency The embroidery section where Install a fire detection system in Installed a fire detection system in the embroidery section Heaith Preparedness cardboard boxes are used and stored the embroidery section where does not have a fire detection system. cardboard 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 Will be conducting on September in Full factory training Heaith Ad workers who were trained in first aid. workforce is trained in first aid and keep the attendance list available. Apr-23 Occupational Safety and Health Services and First Allthe first aid boxes are missingthe Ensure the first aid boxes have a Added checklists for every first aid box Heaith Aid checklist, so assessors could not verify if checklist to inform about the the content of the boxes are accurate. medical supplies that are available. Apr-23 Occupational Safety and Health Services and First The factory does not currently have a Ensure that factory receives doctor Management has done interviews and shortlisted some candidates. Waiting Heaith Aid permanent doctor. The Embroidery visit at least 3 times a week. for Head office approval for recruitment section has à night shift, but no medical staff is available at night. Apr-23 Occupational Safety and Welfare Facilities The last water test is not done on a Ensure the drinking water is tested” This is done. Shared Evidence Health monthly basis. by an accredited laboratory on à 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 management requesting this and once we Heaith women. number of toilets for women and receive the direction, will start all the toilets are fully functioning. [page 146] 146 Apr23 Occupational Safety and Worker Protection The factory did not provided safety belt … Provide safety for the workers in In Progress. Management has Health to worker in the warehouse and packing the warehouse and packing area requested quotations from suppliers. area, for heavy lifting. doing heavy lifting work. Apr-23 Occupational Safety and Worker Protection No personal protective equipment Provide all necessary protective This is done. Provided PPE to relevant employees Health found in the boiler room and no ear equipment for the boiler room protector was found in the compressor operators. room. Apr-23 Occupational Safety and Chemicals and The chemical safety data sheets were Ensure that chemical safety data Health Hazardous Substances not available for several products. sheets are available for all chemical used and stored in the workplace. Apr-23 Occupational Safety and Chemicals and Different types of flammable product Store chemical and hazardous Health Hazardous Substances were found next to each other. substances adequately. Apr-23 Occupational Safety and Chemicals and Several containers were found without Ensure that product labelling is Health Hazardous Substances labels and several other products were … accurate. Review the labelling identified in a foreign language. format. Apr-23 Occupational Safety and Chemicals and The inventory of chemicals and Ensure the inventory of chemicals Health Hazardous Substances hazardous substances is not updated includes all chemical used and and accurate. stored in 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 shared with BW. Health Systems the structural safety certificate. certificate is available for any relevant purpose. Apr-23 Compensation Social Security and Other The workers’ contribution to OFATMA is Ensure that OFATMA contribution With the collaboration of ONA, OFATMA, Ombudswomen, BMAST, DGI, Benefits made on the minimum salary. is accurate and include all the Enterprise advisor over many months it is finally cleared. pertinent payroll elements. 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 employers' contribution to ONA is Ensure that ONA contribution is With the collaboration of ONA, OFATMA, Ombudswomen, BMAST, DGI, Benerfits based on the minimum salary. accurate and include all the Enterprise advisor over many months it is finally cleared. pertinent payroll elements. Apr-23 Compensation Social Security and Other The employers' contributions to Ensure that OFATMA contribution With the collaboration of ONA, OFATMA, Ombudswomen, BMAST, DGI, Benefits OFATMA is based on the minimum is accurate and include all the Enterprise advisor over many months it is finally cleared. salary. pertinent payroll elements. Apr-23 Compensation Social Security and Other The workers’ contribution to ONA is Ensure that ONA contribution is With the collaboration of ONA, OFATMA, Ombudswomen, BMAST, DGI, Benefits based on the minimum salary. accurate and include all the Enterprise advisor over many months it is finally cleared. pertinent payroll elements. [page 147] 147 Apr23 Forced Labor Coercion The factory failed to provide evidence Reinstate all the 43 workers These employees were terminated under article 42 À and G of the Haitian that the workers were committing dismissed after the strike or Labor Code. All obligations of the employees are covered under article 30 of violence during the strike when violence _ provide proof of labor laws the Haïtian Labor code. They were terminated not because they participated was the motive for the dismissal. violated that justify actions taken. in an illegal strike; but rather because they breached the said articles while causing a serious disturbance to the discipline and work stoppages in the factory. Thus, they breached the obligations of Article 30 of the Haitian Labor Code while breaching the Article 42 À & G. In addition, workers were observed to have caused assault against à comrade and caused serious disturbance to the discipline (42 A). Proof of assault against a comrade and proof of disturbance to the discipline were shared. Obtain the written confirmation from all 43 employees accepting their violation of the Haitian labor code including article 42 À & G and relevant disciplinary actions taken. Proof of samples acceptance letters shared by e- mail. MAST visited the facility and observed 43 workers disrupting the operations in defiance of the Haïtian labor code including article 203 and did not find any objection in taking disciplinary actions against said 43 workers. MAST report Apr23 Discrimination Gender 19 female workers were terminated Reinstate the 19 pregnant workers, _ During the Better Work assessment on 26th April 2023, it was recommended during pregnancy, maternity leave and pay compensation or obtain by the auditors to obtain a written authorization from MAST confirming MAS breastfeeding. written authorization from MAST. Akansyel retrenchment process in accordance with the law as the facility did not have this written authorization at that time. Therefore, on June 13, 2023, MAS Akansyel obtained a written authorization from MAST confirming the retrenchment process was done in accordance with the law. Copy of written authorization shared by e-mail. Appreciate it if Better Work could mark this as completed. [page 148] 148 BETTER WORK HAITI - 28TH SYNTHESIS REPORT . Factorv: MB Jeans Haïti (PVT) Ltd Supplier ID 3323 Location: Ouanaminthe Number of workers: 345 Date of registration: Mar-20 Date of last two Better May-23 May-24 Work assessments: Notes : This factory closed its doors in May 2024 Advisory and Training Services 17-May-24 Advisory meeting Meeting with the bipartite committee to review the summary report from the last assessment and follow-up on the improvement the factory already done. Conducted a factory tour with the factory compliance officer, to verify the OSH issues that the factory already solved. 12-Apr-24 Advisory meeting Meeting with management to: Follow-up on factory actual situation. Follow-up on OFATMA insurance implementation. Follow-up on actual number of workers at the factory, last ONA payment and payment for OFATMA accident 2023-2024. Follow-up on the retrenchment process and provide recommendation for a responsible retrenchment. 19-Mar-24 Industry Seminar Virtual Workers' Rights & Responsibilities 26-Jan-24 Advisory meeting Meeting with management to: Follow-up on factory actual situation. Follow-up on OFATMA insurance implementation Follow-up on actual number of workers at the factory, last ONA payment and payment for OFATMA accident 2023-2024. Review and update the improvement plan. Advise the factory on the incoming question in the new assessment based on the 3*8 law the government put on hold. Added all corrective actions completed in the improvement plan. The factory is closed since May 2024. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment May 2024 May-24 Occupational Safety and OSH Management Systems The factory does not have a hazard/risk Update and adjust hazard/risk 21 Health management and control procedure that management and control procedures. includes all the requirements. May-24 Occupational Safety and OSH Management Systems The factory does not have an emergency Update and adjust emergency 21 Health preparedness procedure that includes allthe preparedness procedure requirements May-24 Occupational Safety and OSH Management Systems The employer has failed to investigate, Ensure that all OSH issues are 21 Health monitor and measure OHS issues as investigated, monitored and measured required. accurately. May-24 Occupational Safety and OSH Management Systems The employer does not adequately assigns Assign a dedicated OSH Officer. Ensure 14 Health accountability for health and safety to OSH that the factory conduct the joint OSH Officers and HR Director Committee meetings to address OSH issues. [page 149] 149 May-24 Contracts and Human Employment Contracts The factory does not have a disciplinary and Update and adjust disciplinary and 21 Resources termination procedures that includes allthe termination procedures. steps. May-24 Contracts and Human Employment Contracts The factory does not fully investigates Ensure that all parameters are reviewed 21 Resources performance of HR. during the HR review. May-24 Contracts and Human Employment Contracts The factory does not adequately Provide training to HR personnel in the 21 Resources communicate and implement HR policies and implementation of the HR policy. Post procedures. the policy on the factory floor. Ensure that all the steps are in place in the May-24 Contracts and Human Employment Contracts The factory does not have an HR policy that Develop an HR policy that includes all 21 Resources includes all the necessary elements. the necessary elements. May-24 Working Time Overtime The factory did not obtain prior authorization Request prior authorization from MAST 2 from MAST to perform overtime. before working overtime. May-24 Working Time Overtime The factory does not comply with the limit on Ensure that workers do not exceed the 2 overtime hours worked. limit of overtime hours specified in the Labor Code. May-24 Working Time Regular Hours The employer did not received authorization Request prior authorization from MAST 2 form the Ministry of Labor to work at night. before working at night. May-24 Working Time Regular Hours The employer did not post the factory's Post the factory's working hours for all 2 working hours for all shifts including break shifts including break time. time. May-24 Working Time Regular Hours The regular daily or weekly hours exceed the Modify the regular daily or weekly hours 2 legal limit as specify in the labor code. to comply with the labor code. May-24 Occupational Safety and Emergency Preparedness Assessors noticed rechargeable bulb covered Make sure the source of ignition 2 Health by piece of fabric, in some sections. problem is fix. May-24 Occupational Safety and Emergency Preparedness Obstructed evacuation routes and Keep routes and emergency exits 14 Health emergency exits in several sections of the unobstructed during working hours. workspace. May-24 Occupational Safety and Emergency Preparedness Improper maintenance of fire extinguishers. Provide adequate firefighting equipment 2 Health and ensure regular maintenance is done May-24 Occupational Safety and Health Services and First Aid Several first aid boxes were not accessible The factory needs to designate a person 21 Health and some were missing medical supplies. to monitor all first aid boxes. May-24 Occupational Safety and Health Services and First Aid Insufficient number of medical personnel. Ensure that the free zone or the factory 21 Health has adequate medical facilities May-24 Occupational Safety and Health Services and First Aid Free health checks was not provided to Provide health checks to workers 21 Health workers annually. annually. May-24 Occupational Safety and Health Services and First Aid Free health checks was not provided to Provide health checks to workers 21 Health workers exposed to work-related hazards exposed to work-related hazards at least twice a year. twice a year. [page 150] 150 May-24 Occupational Safety and Welfare Facilities Eating area is not adequate to accommodate The factory needs to find an additional 21 Health the entire workforce. eating area for the workers. May-24 Occupational Safety and Welfare Facilities Soap was not available in men's and Ensure that soap is available in all toilets. 2 Health women's toilets. May-24 Occupational Safety and Working Environment light levels were inappropriate in some Ensure the lighting is adequate and 14 Health working sections. adapted to worker's needs. May-24 Occupational Safety and Working Environment Workplace temperatures are unacceptable. Monitor the temperature and maintain it 21 Health under 30 C inside the workplace. May-24 Occupational Safety and Worker Protection Single needle Sewing machines were missing Install the proper safety guards on all 2 Health finger guards. machines. May-24 Occupational Safety and Worker Protection The factory did not provide appropriate PPE Provide appropriate PPE where it is 2 Health to all workers. needed for all workers. May-24 Occupational Safety and Chemicals and Hazardous The factory did not assess, monitor and The factory needs to assess, monitor 2 Health Substances record workers' exposure to hazardous and record workers" exposure to substances. hazardous substances. May-24 Occupational Safety and Chemicals and Hazardous MSDSs are not available in local language for Translate MSDS in the local language 21 Health Substances all chemicals used in the workplace. and post them where chemical products are used. May-24 Occupational Safety and Chemicals and Hazardous Chemical and hazardous substances are not Label all chemicals and hazardous 21 Health Substances properly labelled. substances used in the workplace. May-24 Occupational Safety and Chemicals and Hazardous Inventory of chemicals and hazardous Update inventory of chemicals and 2 Health Substances substances is not updated. hazardous substances in the workplace. May-24 Occupational Safety and OSH Management Systems The factory does not have a written Develop an preparedness procedure 2 Health emergency preparedness procedure that that includes all the necessary includes all the requirements. requirements. May-24 Occupational Safety and OSH Management Systems The factory does not record and submit work- Record and submit work related 2 Health related accidents to OFATMA on a monthly accidents to OFATMA on a monthly basis. basis. May-24 Contracts and Human Termination The employer does not pay workers their Pay workers their annual salary 21 Resources annual salary supplement or bonus correctly supplement upon termination and upon termination. include weekly rest day payment in the calculation May-24 Contracts and Human Termination The employer does not compensate workers Pay the unused paid annual leave upon 21 Resources properly for unused annual paid leave. termination and include weekly rest day payment in the calculation May-24 Contracts and Human Employment Contracts The factory does not have an internal work Send the factory internal work rules to 21 Resources rules approved by the Ministry of Labor. MAST for approval. May-24 Contracts and Human Employment Contracts The contract for the night shift and Update the contract of all workers in the 21 Resources Dominicans workers does not comply with factory to be in compliance with the the internal work rules. internal work rules. [page 151] 151 May-24 Compensation Social Security and Other The factory did not send workers’ pay slip to Send workers pay slip to OFATMA for 21 Benefits OFATMA for sick leave and maternity leave sick leave and maternity leave payment. payment. May-24 Compensation Social Security and Other The factory is not registered with OFATMA Register the factory with OFATMA and 21 Benefits for maternity and health insurance. then forward employer's contribution to OFATMA. May-24 Compensation Social Security and Other The Factory does not forwards employers" Calculate ONA contributions on the The factory is closed and CODEVI 21 Benefits contributions to ONA on time. basic salary, and forward it on time. administration did not show any prove of payment to Better Work May-24 Compensation Social Security and Other The employer collects but does not forwards Calculate ONA contributions on the The factory is closed and CODEVI 21 Benefits workers" contributions to ONA on time. basic salary, and forward it on time. administration did not show any prove of payment to Better Work May-24 Compensation Social Security and Other The factory did not submit any proof of Ensure that the factory has an The factory is closed prove of 21 Benefits payment for OFATMA work related accident agreement with OFATMA for work payment to Better Work insurance for the fiscal year 2023-2024. related accident payment. May-24 Compensation Paid Leave Inaccurate payment for legally mandated Pay working holiday on the average 2 holiday. earning as required by the law. May-24 Compensation Paid Leave The employer does not pay workers for the Pay the weekly rest day as required by 2 weekly rest day. the law. May-24 Compensation Paid Leave Inaccurate payment for maternity leave. Calculate the maternity leave payment 21 on worker's average daily earnings. Pay 12 weeks of maternity leave to workers May-24 Compensation Paid Leave Inaccurate sick leave payment. Pay sick leave based on average 2 earnings, including the weekly rest day as required by the law. May-24 Compensation Overtime Wages The employer does not pay 100% above the Pay 100% above the normal hours for 2 normal wage for overtime hours worked at overtime hours worked at night. night. May-24 Compensation Overtime Wages The employer does not pay 50% above the Pay 50% above the normal hours for 2 normal hours for overtime worked on weekly overtime worked on weekly rest day. rest day. May-24 Freedom of Association Collective Bargaining Failure to implement several articles in the Review the CBA and implement all 14 and Collective Bargaining CBA. articles as stated in the document. Assessment May 2023 May-23 Occupational Safety and OSH Management Systems The factory does not have a hazard/risk Update and adjust hazard/risk Health management and control procedure that management and control procedures. includes all the requirements. [page 152] 152 May-23 Occupational Safety and OSH Management Systems The factory does not have an emergency Update and adjust emergency Health preparedness procedure that includes allthe preparedness procedure requirements. May-23 Occupational Safety and OSH Management Systems The employer does not investigate, monitor Ensure that all OSH issues are Health and measure OHS issues as required. investigated, monitored and measured accurately. May-23 Contracts and Human Employment Contracts The factory does not have a disciplinary and Update and adjust disciplinary and Resources termination procedures that includes allthe termination procedures. steps. May-23 Contracts and Human Employment Contracts The factory does not fully investigates Ensure that all parameters are reviewed Resources performance of HR. during the HR review. May-23 Contracts and Human Employment Contracts The factory does not adequately Ensure that all the steps are in place to Resources communicate and implement HR policies and communicate and implement the HR procedures. policy in the factory. May-23 Contracts and Human Employment Contracts The factory does not have an HR policy that Make sure that the factory has an HR Resources include all the necessary elements. policy in place. May-23 Working Time Leave Inaccurate maternity leave to pregnant Ensure that pregnant workers are going workers. home 6 weeks before giving birth. May-23 Working Time Regular Hours Pregnant workers from the finishing area are Give the legally required break to all The factory provide 2 additional not allowed to take two extra breaks. pregnant women. breaks of 30 minutes to pregnant women since they fired the finishing manager. May-23 Occupational Safety and Emergency Preparedness The employer did not conduct at least 2 Conduct fire drill at least twice a year. Health emergency drill per year. May-23 Occupational Safety and Emergency Preparedness Obstructed evacuation routes. Keep evacuation routes unobstructed. Health May-23 Occupational Safety and Health Services and First Aid One first aid box was not accessible in the The factory needs to designate a person Health boiler room. to monitor all first aid boxes. May-23 Occupational Safety and Health Services and First Aid The factory does not have an onsite medical Ensure that the free zone or the factory Health facilities and staff as required by labor code. has adequate medical facilities May-23 Occupational Safety and Health Services and First Aid Free health checks was not provided to Provide health checks to workers The factory has completed the Health workers exposed to work-related hazards. exposed to work-related hazards at least payment for the CDS which 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 accommodate The factory needs to find an additional Health the entire workforce. eating area for the workers. [page 153] 153 May-23 Occupational Safety and Working Environment The light levels were inappropriate in some Ensure the lighting is adequate and Health working sections. adapted to worker's needs. May-23 Occupational Safety and Working Environment Workplace temperatures levels are Monitor the temperature level and Health unacceptable. maintain it under 30 C inside the workplace. May-23 Occupational Safety and Worker Protection Improper maintenance of electrical system of. Improve the electrical maintenance and The factory removed the Health the factory. Create a maintenance log combustible material inside the electrical panel. May-23 Occupational Safety and Chemicals and Hazardous MSDSs are not available in local language for Translate MSDS in the local language Health Substances all chemicals used in the workplace. and post them where chemical products are used. May-23 Occupational Safety and Chemicals and Hazardous Chemical and hazardous substances are not Label all chemicals and hazardous Health Substances properly labelled. substances used in the workplace. May-23 Contracts and Human Dialogue, Discipline and A foreign manager was addressing the Provide additional training, Conduct The factory fired the finishing Resources Disputes workers in an abusive and improper regular self-assessment and apply the manager. Based on a meeting with language. disciplinary and termination procedure. bipartite committee they 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 the Resources supplement or bonus upon termination does supplement upon termination and 3*8 law. The lunch break payment not include the lunch break payment. include the lunch break payment in the is no longer required. calculation May-23 Contracts and Human Termination The calculation for unused paid annual leave Pay the unused paid annual leave upon The June 13 decree suspends the Resources upon termination does not include the lunch termination and include the lunch break 3*8 law. The lunch break payment break payment. payment in the calculation is no longer required. May-23 Contracts and Human Termination The calculation of the payment for the Pay the applicable notice period and The June 13 decree suspends the Resources applicable notice period does not include the include the lunch break payment inthe 3*8 law. The lunch break payment lunch break payment. calculation is no longer required. May-23 Contracts and Human Termination The factory does not provide all the Ensure that all documentations are Resources terminated workers files requested. available in the workplace including the files of terminated workers. May-23 Contracts and Human Employment Contracts The factory does not have an internal work Send the factory internal work rules to The factory sent internal work Resources rules approved by the Ministry of Labor. MAST for approval. rules to MAST since 18 of July 2022 for approval. May-23 Contracts and Human Employment Contracts The Dominican workers contract does not Ensure that all contracts are in Resources comply with the internal work rules. compliance with the factory internal work rules. May-23 Compensation Social Security and Other The factory did not send workers pay slip to Send workers pay slip to OFATMA for Benefits OFATMA for sick leave and maternity leave sick leave and maternity leave payment. payment. [page 154] 154 May-23 Compensation Social Security and Other The factory is not registered with OFATMA Register the factory with OFATMA and Benefits for maternity and health insurance. then forward employer's contribution to OFATMA. May-23 Compensation Social Security and Other The calculation of employer's contribution Calculate ONA contributions on the Benefits for ONA payment is inaccurate and payments basic salary, and forward it on time. are made late consistently. May-23 Compensation Social Security and Other The factory is not registered with OFATMA Register the factory with OFATMA and Benefits for maternity and health insurance. then Collect and forward workers contribution to OFATMA. May-23 Compensation Social Security and Other The calculation of workers" contribution for Calculate ONA contributions on the Benefits ONA payment is inaccurate and payments basic salary, and forward it on time. are made late consistently. May-23 Compensation Social Security and Other Inaccurate payments for OFATMA accident Ensure the factory paid the work related Benefits insurance. 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 in the Pay the lunch break. The June 13 decree suspends the payroll. 3*8 law. The lunch break payment is no longer required. May-23 Compensation Paid Leave Inaccurate payment for maternity leave. Pay 12 weeks of maternity leave to workers May-23 Freedom of Association Strikes Industrial relation dispute in the workplace. Ensure that the factory establish a and Collective Bargaining 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 all and Collective Bargaining articles as stated in the document. May-23 Discrimination Race and Origin Workers interview reported that one foreign Provide additional training, conduct The factory fired the finishing manager was addressing the workers with regular self-assessment, and apply the manager. Based on a meeting with abusive and improper language. disciplinary and termination procedure. bipartite committee they said there is a mutual respect between management and workers right [page 155] 155 BETTER WORK HAITI - 28TH SYNTHESIS REPORT . Factory: MBI HAITI S.A Supplier ID 1215 Location: Port-au-Prince Number of workers: 1555 Date of registration: Auqg-13 Date of last two Mar-23 Feb-24 Retter Work Advisory and Training Services 23-Oct-24 Advisory meeting During the meeting with the bipartite committee, EA reviewed the improvement plan, requesting the factory to address the pending issues and document progress, including payments to ONA and OFATMA. An exercise identified the factory's strengths, where workers identified strong points and points that requires remediation. 16-Aug-24 Industry Seminar Virtual Chemical Management System 7-Aug-24 Advisory meeting Meeting with factory manager and HR officer to review the status of non-compliance point. The discussion was also on the remediation regarding the freedom of association non-compliance point. 3-Jul-24 advisory meeting Meeting with compliance officer and HR officer to review the status on the non-compliance point. The discussion was also on the remediation regarding the freedom of association non-compliance point. 28-Apr-24 Advisory services Advisory meeting with the bipartite committee members, to help them identify and prioritize the issues that affect the factory's working environment. Management committed to follow up on the issued raised. 25-Apr-24 PICC Meeting Advisory meeting with PICC meeting. Advisor facilitates a meeting where the members identified and prioritized the issues. Managed committed to follow up on the issued raised. 8-Apr-24 Advisory meeting Introductory meeting as their new appointed advisor. The discussion was on the priorities for the year and the FOA remediation points. Factory to make an effort to close this point as promptly possible. 15-Mar-24 Industry Seminar Virtual Workers' Rights & Responsibilities ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment February 2024 Feb-24 Occupational Safety OSH Management The factory does not have a Ensure that the hazard/risk 30 and Health Systems hazard/risk management and control management and control procedure procedure that includes all the has all the required elements. requirements. Feb-24 Occupational Safety OSH Management The factory does not have an accident Develop an accident investigation 30 and Health Systems investigation procedure that includes procedure that includes all the allthe requirements. required elements. [page 156] 156 Feb-24 Occupational Safety OSH Management The employer did not show evidence Develop and OSH management 30 and Health Systems of regular review of the OSH system procedure which includes management system for its measurable objectives, targets and effectiveness and performance on periodic review for effectiveness. measurable objectives and targets. Feb-24 Contracts and Human Employment Contracts The grievance handling and dispute Include all the missing requirement in 30 Resources resolution procedures do notinclude the grievance handling and dispute fair review, an appeal process, and resolution procedures. communication of changes made or resolution. Feb-24 Contracts and Human Employment Contracts The employer does not take actionto Establish an investigative procedure 30 Resources investigate violations of HR policies for violation of HR policies, document and procedures, identify weaknesses it and report the evidence of the and make necessary adjustments to investigation to management for prevent recurrence. proper follow up. Feb-24 Contracts and Human Employment Contracts The communication on HR policies and Ensure that the HR policies and 30 Resources procedures does not include does not procedures include all the required include all the necessary elements. elements. Feb-24 Working Time Leave The security guards were not granted Provide 15 consecutive days of annual 14 15 days of annual leave, as required by leave to all workers, including the law. security guards. Feb-24 Occupational Safety Emergency Preparedness Assessors observed several aisles were Ensure that the aisles remained 50 and Health blocked by fabric tables in building 53. accessible and free from any obstacles during the working hours. Feb-24 Occupational Safety Health Services and First Insufficient number of onsite nurses. Hire 5 more nurses to be compliant 50 and Health Aid with the labor laws. Feb-24 Occupational Safety Health Services and First Workers exposed to chemical and Ensure that workers that are exposed 30 and Health Aid hazardous products did not received to chemical and hazardous products free health checks twice a year. received health checks twice a year. Feb-24 Occupational Safety Welfare Facilities The water test is not conducted on a Ensure the water test is performed on Last test was conducted on 14 and Health monthly basis. a monthly basis. March 2024. [page 157] 157 Feb-24 Occupational Safety Welfare Facilities No adequate hand washing facilities or Provide washing facilities and soap 4 and Health soap observed in the restrooms during are provided in the restrooms. the assessment visit. Feb-24 Occupational Safety Welfare Facilities Insufficient number of toilets for men Have the adequate number of toilets 4 and Health and women. for men and women according to the workforce. Feb-24 Occupational Safety Working Environment The workplace was not clean and tidy Ensure that the workplace is clean 4 and Health at the time of the visit. and tidy. Feb-24 Occupational Safety Working Environment The level of lighting in the workplace is Ensure that the level of lighting is 50 and Health unacceptable. adequate in the pressing and the sewing section. Feb-24 Occupational Safety Working Environment Noise levels are not acceptable inthe Maintain the noise level to a 50 and Health pressing area. maximum of 90 db. Feb-24 Occupational Safety Working Environment The workplace temperatures exceeded Maintain the temperature level to the 50 and Health the recommended 30 C in several maximum of 30 dB or under. sections. Feb-24 Occupational Safety Worker Protection Three chairs without backrest and in Ensure that all chairs have backrest The three chairs were 4 and Health poor condition on the floor of and in good condition. replaced by chair with back buildings 53. rest and in good condition. Feb-24 Occupational Safety Worker Protection Several machines were without eye Ensure the sewing machines are 4 and Health guards in building 52. equipped with their safety guards. Feb-24 Occupational Safety Worker Protection Personal protective equipment were Provide the necessary personal 30 and Health not available for all workers. protective equipment to the workers. Feb-24 Occupational Safety Chemicals and Hazardous An eyewash station in spot cleaning of Ensure that all the eyewash facilities 4 and Health Substances Building 54 was not working properly. are functioning properly. Feb-24 Occupational Safety Chemicals and Hazardous One container of an unidentified liquid Label all chemicals and hazardous 50 and Health Substances in the mechanic shop in Building 53. substances used in the workplace. Feb-24 Occupational Safety OSH Management The employer has not performed an Perform an assessment of 4 and Health Systems assessment of occupational safety and occupational safety and health risks health risks in the factory on a regular on a monthly basis. basis. [page 158] 158 Feb-24 Occupational Safety OSH Management Management didn't provide any Provide the structural safety 4 and Health Systems structural safety certificate for the certificate. buildings. Feb-24 Occupational Safety OSH Management The factory does not perform regular Ensure that internal OSH assessments 4 and Health Systems OSH self assessments on a monthly are conducted on a monthly basis. basis. Feb-24 Contracts and Human Termination The annual leave payment upon Ensure that annual leave upon 37 Resources termination is not calculated on the termination is calculated on the average daily earning. average daily earning . Feb-24 Contracts and Human Employment Contracts The internal work rules do not include Include all the missing elements in 14 Resources entry and exit hours, pay location and the internal rules. times of payment. Feb-24 Contracts and Human Employment Contracts Several mechanics reported that they Ensure that working conditions and 4 Resources were assigned additional tasks such as responsibilities are clearly disclosed in sweeping the floor and painting the the contract. walls of the factory, despite their contracts specifying their employment as mechanics. They confirmed that they were required to do so under threat of dismissal. Feb-24 Contracts and Human Employment Contracts The foreign worker's contract does not Include the missing elements in the 35 Resources include the employer's information as contract. well as the employee's salary. Feb-24 Compensation Social Security and Other The employer's contribution to Pay OFATMA contribution on time. Last payment was made in 35 Benefits OFATMA for maternity and health July for the month of May insurance payment is not submitted 2024. on a monthly basis. Feb-24 Compensation Social Security and Other The required employer contribution to Pay the ONA contribution on time. Last payment was made in 35 Benefits ONA is not submitted on a monthly June for the month of May basis. 2024. Feb-24 Compensation Social Security and Other The workers’ contribution to OFATMA Pay the OFATMA contribution on time. Last payment was made in 35 Benefits for maternity and health insurance is July for the month of May not submitted on a monthly basis. 2024. Feb-24 Compensation Social Security and Other The workers’ contribution to ONA for Pay the ONA contribution on time. Last payment was issued on 35 Benefits maternity and health insurance is not June 18, 2024 for the month submitted on a monthly basis. of May 2024. [page 159] 159 Feb-24 Compensation Social Security and Other The factory did not provide the Submit the required document to 14 Benefits monthly salary statements form sent confirm that the amount paid is to OFATMA for work related accident adequate. Submit the proof of insurance and the authorization for payment for fiscal year 2023-2024. installment payments for fiscal year 2022-2023. Feb-24 Compensation Paid Leave The annual leave payment is not Ensure that annual leave is calculated 35 calculated on worker's average daily on the average daily earning. earnings. Feb-24 Freedom of Freedom to Associate The factory fired 6 union members on Reinstate the six terminated workers. The employed negotiated a 4 Association and the list with no solid ground for Ensure to discuss an agreement with memorandum with the Collective Bargaining dismissal. the trade union on way to operate union as a settlement of the solid and respectful communication conflict. À new trade union between both parties. Train committee of 12 members management on Freedom of was introduced to the association. management on May 20. The terminated workers have not yet reintegrate the Assessment March 2023 Mar-23 Occupational Safety Welfare Facilities Provide free drinking water to workers Ensure that water test is conducted The Factory shared with and Health but does not conduct the water test monthly basis. assessor the water test for monthly. the month of May 2023. Mar-23 Occupational Safety Working Environment The noise level in some areas of the Take appropriate measures to keep and Health workspace exceeded 90 db. the noise level below 90db. Mar-23 Occupational Safety OSH Management The factory does not record and Record and submit work related The factory sent accident and 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 OSH Management The factory does not have a Update and adjust hazard/risk and Health Systems hazard/risk management and control : management and control procedures. procedure that includes all the requirements. Mar-23 Occupational Safety OSH Management The factory does not have a written Develop an accident investigation and Health Systems accident investigation procedure that procedure which includes all the includes all the requirements. necessary elements. Mar-23 Occupational Safety OSH Management The employer has failed to investigate, Ensure that all OSH issues are and Health Systems monitor and measure OHS issues as investigated, monitored and required. measured accurately. [page 160] 160 Mar-23 Contracts and Human Employment Contracts The factory does not have a grievance Update and adjust the grievance Resources handling and dispute resolution policies and procedures. procedure that meets all the requirements. Mar-23 Contracts and Human Employment Contracts The factory does not fully investigates Ensure that all parameters are Resources 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 Resources communicate and implement HR to allow the factory to implement its policies and procedures. HR policies. Mar-23 Working Time Leave The factory does not grant the Factory must provide all workers with 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 legal requirements. ensure the regular working hours do not exceed 48 hours per week. Mar-23 Occupational Safety Emergency Preparedness Obstructed aisles in several sections of Keep routes unobstructed during The factory cleared all aisles and Health the workspace. working hours. during working hours, including overtime. Mar-23 Occupational Safety Health Services and First Insufficient number of workers trained Train at least 10 percent of the and Health Aid in first aid. workforce in first aid. Mar-23 Occupational Safety Health Services and First First aid boxes were not accessible in Ensure that first aid boxes are Al first aid boxes are and Health Aid the sewing floor of one building. accessible in all building. accessible on the floor of building 53. Mar-23 Occupational Safety Health Services and First Insufficient medical personnel. Hire additional nurses to comply with and Health Aid the labor code. Mar-23 Occupational Safety Health Services and First Incomplete annual medical checks Proactively work with. OFATMA to and Health Aid provide to workers. distribute the health cards and conduct the medical checks as required. Mar-23 Occupational Safety Health Services and First Incomplete medical checks provided Proactively work with OFATMA to and 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 Health Services and First Incomplete medical checks provided Proactively work with OFATMA to and Health Aid within the first three months ofhiring distribute the health cards and to workers. conduct the medical checks as required. [page 161] 161 Mar-23 Occupational Safety Working Environment light levels were inappropriate in some Ensure the lighting is adequate and and Health working sections. adapted to worker's needs. Mar-23 Occupational Safety Working Environment Workplace temperatures levels are Monitor the temperature level and and Health unacceptable. maintain it under 30 C inside the workplace. Mar-23 Occupational Safety Worker Protection Improper maintenance of electrical Ensure that all electrical panels have a The factory added the and Health system of the factory. hazard sign and circuit breakers are missing hazard sign and properly labelled. correctly labeled all circuit breakers. Mar-23 Occupational Safety Worker Protection The factory did not provide Provide proper PPE to all workers and Health appropriate PPE to all workers. doing heavy lifting work. Mar-23 Occupational Safety Chemicals and Hazardous MSDSs are not available in local Translate MSDS in the local language and Health Substances language for all chemicals used in the and post them where chemical workplace. products are used. Mar-23 Occupational Safety Chemicals and Hazardous Chemical and hazardous substances Label all chemicals and hazardous The factory has labeled all and Health Substances are not properly labelled. substances used in the workplace. chemicals and hazardous substances used in the workplace. Mar-23 Occupational Safety Chemicals and Hazardous Inventory of chemicals and hazardous Update inventory of chemicals and and Health Substances substances is not updated. hazardous substances in the workplace. Mar-23 Contracts and Human Termination The calculation of the annual salary Pay workers their annual salary The June 13 decree Resources supplement or bonus upon supplement upon termination and suspends the 3*8 law. It is termination does not include the lunch include the lunch break payment in no longer required to pay break payment. the calculation. the lunch break. Mar-23 Contracts and Human Termination The calculation for unused paid annual Pay the unused paid annual leave The June 13 decree Resources leave upon termination does not upon termination and include the suspends the 3*8 law. It is include the lunch break payment. lunch break payment in the no longer required to pay calculation the lunch break. Mar-23 Contracts and Human Termination The calculation of the payment forthe Pay the applicable notice period and The June 13 decree Resources applicable notice period does not include the lunch break payment in suspends the 3*8 law. It is include the lunch break payment. the calculation no longer required to pay the lunch break. Mar-23 Contracts and Human Employment Contracts The internal rules do not comply with Revised the internal rules to include Resources the Labor Code. entry and exit hours, pay locations and times of payment. [page 162] 162 Mar-23 Contracts and Human Employment Contracts Foreign worker's contract does not Review the foreign workers contract Resources include the employer's information as to include all the missing information. well as the employee's salary. Mar-23 Compensation Social Security and Other The factory did not send workers pay Send workers pay slip to OFATMA for Benefits slip to OFATMA for sick leave and sick leave and maternity leave maternity leave payment. payment. Mar-23 Compensation Social Security and Other The calculation of workers" Calculate ONA contributions on the The June 13 decree Benefits contribution for ONA payment is basic salary, and forward it on time. suspends the 3*8 law. It is inaccurate and payments are made no longer required to pay late consistently. the lunch break. Mar-23 Compensation Social Security and Other The calculation of employer's Calculate ONA contributions on the The June 13 decree Benefits contribution for ONA payment is basic salary, and forward it on time. suspends the 3*8 law. It is inaccurate and payments are made no longer required to pay late consistently. the lunch break. Mar-23 Compensation Social Security and Other The calculation of workers" Calculate OFATMA contributions on The June 13 decree Benefits contribution for OFATMA payment is the basic salary, and forward it on suspends the 3*8 law. It is inaccurate and payments are made time. no longer required to pay late consistently. the lunch break. Mar-23 Compensation Social Security and Other The calculation of employer's Calculate OFATMA contributions on The June 13 decree Benefits contribution for OFATMA payment is the basic salary, and forward it on suspends the 3*8 law. It is inaccurate and payments are made time. no longer required to pay late consistently. the lunch break. Mar-23 Compensation Social Security and Other Inaccurate payment for annual salary Pay annual leave based on average The June 13 decree Benefits supplement. earnings. suspends the 3*8 law. It is no longer required to pay the lunch break. Mar-23 Compensation Social Security and Other Inaccurate payment to OFATMA for Complete the payment for OFATMA Benefits work-related accident insurance. work related accident for the fiscal year 2022-2023. Mar-23 Compensation Paid Leave The lunch break is not compensated in The June 13 decree suspends the 3*8 The June 13 decree the payroll. law, so Better Work is not finding non- suspends the 3*8 law. It is compliance for non-payment of the no longer required to pay lunch break. the lunch break. Mar-23 Compensation Paid Leave Inaccurate payment for maternity Calculate the maternity leave The June 13 decree leave. payment on worker's average daily suspends the 3*8 law. It is earnings. no longer required to pay the lunch break. [page 163] 163 Mar-23 Compensation Paid Leave Inaccurate sick leave payment. Pay sick leave based on average The June 13 decree earnings. suspends the 3*8 law. It is 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 earnings. suspends the 3*8 law. It is no longer required to pay the lunch break. Mar-23 Compensation Overtime Wages Inaccurate payment of overtime. Pay Overtime correctly as required by law. [page 164] 164 BETTER WORK HAITI - 28TH SYNTHESIS REPORT . Factory: MD Industries Supplier ID 3280 Location: Ouanaminthe Number of workers: 3,990 Date of registration: Jan-20 Date of last two Better Jun-23 May-24 Work assessments: Advisory and Training Services 15-Nov-24 Industry Seminar ToT Training on Core Labour Standards 14-Nov-24 Advisory meeting Short training on OSH and factory tour on emergency preparedness 14-Nov-24 Industry Seminar Bipartite Committee 13-Nov-24 Industry Seminar Workshop on DGI Taxes Calculation Methode 12-Nov-24 Industry Seminar Workshop on DGI Taxes Calculation Methode 7-Nov-24 Industry Seminar ToT Training on Compensation and Working Time 6-Nov-24 Industry Seminar Industrial Relations 5-Nov-24 Industry Seminar Hazard Risk Management and Control Training 31-Oct-24 Industry Seminar ToT Training on HR and Contract 30-Oct-24 Industry Seminar General ToT Training 18-Sep-24 Industry Seminar Sectorial Policy Workshop on GBVH 16-Aug-24 Industry Seminar Virtual Chemical Management System 19-Jul-24 Industry Seminar Bipartite Committee 16-Jul-24 Advisory meeting Conduct OSH tour to verify pending issues in the portal, Management meeting on compensation and bipartite meeting. Follow up on the Strike that occurred in July. 11-Jul-24 Industry Seminar Chemical Management System 10-Jul-24 Industry Seminar Bipartite Committee 16-May-24 Advisory services Meeting with Management to follow up on the work stoppage, Meeting with worker's representative on the working conditions. Provide guidance on how to implement FOA policy at the factory level. 15-Mar-24 Industry Seminar Virtual Introduction to Workers Rights & Responsibilities 26-Feb-24 Advisory meeting Virtual meeting to conduct a session with the compliance team to review and update pending issues on the improvement plan. Provide guidance and recommendation on internal policies and procedures in place. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment May 2024 May-24 Occupational Safety and OSH Management The factory does not have an Develop an OSH policy in consultation 30 Health Systems adequate OSH policy that is signed by with workers and their representatives, top management. that establish measurable objectives and improvement targets. [page 165] 165 May-24 Occupational Safety and OSH Management The factory does not have an accident Develop an accident investigation 30 Health Systems investigation procedure. procedure that includes:- Root cause analysis- Focus on sustainable solutions- Implementation of changes in order to avoid reoccurrence. May-24 Occupational Safety and OSH Management The employer does not investigates, Hold regular meeting with management 30 Health Systems monitors and measures OSH issues. to define and review OSH performance on measurable objectives and targets. May-24 Contracts and Human Employment Contracts The grievance procedure is not Review and update the policy, ensure it 30 Resources adequate. includes anonymity. May-24 Contracts and Human Employment Contracts The factory's recruitment procedure is Develop a recruitment procedure that 30 Resources not adequate. 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-24 Contracts and Human Employment Contracts The employer investigates violations Develop HR system performance 30 Resources of HR policies and procedures. indicator procedure. May-24 Contracts and Human Employment Contracts The communication on HR policies - Provide induction training for workers 30 Resources and procedures does not include all and staff the necessary steps. - Staff training on how to carry out policies and procedures - Display policies and internal regulations in the factory. May-24 Working Time Leave Pregnant workers do not go on Send workers home 6 weeks before 8 maternity leave six weeks before giving birth as required by law. giving birth, as required by article 322 of the labor code. May-24 Working Time Overtime The factory did not received the Request authorization to work overtime. 8 approval notice from the Department Ensure that the factory received the of Labor prior to working overtime. approval notice from MAST before working overtime. May-24 Working Time Overtime Workers in some department work Have a time recording system, which 8 more than 80 hours of overtime indicates the accumulated overtime per during a trimester. week , per month and per year. [page 166] 166 May-24 Working Time Overtime The factory did not receive Request prior authorization from MAST 8 authorization from MAST to work on to work on Sundays. Sundays. May-24 Working Time Regular Hours The factory did not receive Request prior authorization before 8 authorization from MAST to work at working at night. night. May-24 Working Time Regular Hours Some workers did not punch in and Have a single and accurate attendance 45 out. However, they had time for system for all workers. normal hours in their payroll record. May-24 Working Time Regular Hours The regular daily or weekly hours Discuss legal requirements with the 8 exceed the legal limit. General Manager Ensure that the regular daily or weekly hours do not exceed the legal limit of 8 hours per day. May-24 Occupational Safety and Emergency Preparedness The employer has trained less than Train at least 10% of the workforce in the 8 Health 10% of the workforce in the use of fire- use of fire-fighting equipment. fighting equipment. May-24 Occupational Safety and Emergency Preparedness The employer did not conduct an Conduct at least 2 emergency drill per 45 Health emergency drill every six months in all calendar year. buildings. May-24 Occupational Safety and Emergency Preparedness Several escape routes were Discuss with the engineering 45 Health obstructed. department about the floor capacity and provide additional space for storing goods. May-24 Occupational Safety and Emergency Preparedness Undercharged, obstructed and Mark on the floor, to prevent that fire 45 Health missing fire extinguishers in several fighting equipment is blocked. Specify areas of the workplace. Who conduct daily weekly checks and include this in the system of daily-weekly checks. May-24 Occupational Safety and Emergency Preparedness Alarm in systems was not working Have a fire detection and alarm system 8 Health properly. suitable for the factory conditions. Specify who is in charge of regularly checking its functioning and include this in the system of daily-weekly checks. May-24 Occupational Safety and Health Services and First Less than 10% of the workforce has Train at least 10% of the workforce in 45 Health Aid been trained in first aid. first aid. [page 167] 167 May-24 Occupational Safety and Health Services and First First aid boxes were missing in some Add an additional first aid box and equip 8 Health Aid buildings and keys were not available all first aid boxes. Make sure that keys for some. are always available to open the boxes in case of an emergency. May-24 Occupational Safety and Health Services and First The factory does not have an onsite - Set up a clinic, in addition make a 45 Health Aid medical facilities and staff. contract with a health care unit in the surroundings - Hire the required medical staff May-24 Occupational Safety and Welfare Facilities Insufficient number of toilets. Increase the number of toilets based on 45 Health the current workforce as required by law. May-24 Occupational Safety and Working Environment Lux level is insufficient in the Increase the lux level with additional 45 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-24 Occupational Safety and Working Environment Temperature level exceed 30 Cinthe Increase the ventilation with additional 45 Health workplace. fans. Specify who is in charge of regular maintenance of the fans and conduct regular measurement of temperature & compare with threshold value. May-24 Occupational Safety and Worker Protection The employer has not provided proper Provide chemical mask to workers in the 45 Health PPE to all workers. spot cleaning areas. May-24 Occupational Safety and Worker Protection During the factory, assessors found 22 Provide chair with back rest. The chairs without backrest 8 Health chairs found without back rest. have been removed. May-24 Occupational Safety and Worker Protection The circuit breaker were not properly Label all circuit breakers and add this 8 Health labelled in the electrical panels. aspect in the weekly checks. May-24 Occupational Safety and Worker Protection 15% of all machines missing pulley Develop a monitoring system and install 45 Health guards and 90% of single needle all the missing guards. machines are missing finger guards. Add this aspect in the daily weekly checks May-24 Occupational Safety and Worker Protection The factory did not provide protective Provide safety belts to employees doing 45 Health belts to employees doing heavy lifting. heavy lifting. [page 168] 168 May-24 Occupational Safety and Chemicals and Hazardous Eye wash stations are not available in Provide eye wash bottles and specify 45 Health Substances all areas where chemical products are who will conduct regular checks of the used. functioning of the eyewash. May-24 Occupational Safety and Chemicals and Hazardous The spot cleaning is not isolated from Improve isolation from the chemical 45 Health Substances the production area. such as separate room for spot cleaning. Then, assign responsibility for regular check including wearing of PPESs. May-24 Occupational Safety and Chemicals and Hazardous MSDS is not available for all chemical Keep chemical MSDS for all hazardous 45 Health Substances product used in the workplace. chemicals used in the workplace. May-24 Occupational Safety and Chemicals and Hazardous Unlabeled containers of chemicals Define who control the chemical 45 Health Substances products are found in the workplace. container on receipt from supplier and control the label. May-24 Occupational Safety and Chemicals and Hazardous The inventory of chemical and 1. Assign responsible persons for 45 Health Substances hazardous products is incomplete. updating inventories of hazardous substances in the various locations where they are stored or used 2. Specify who is in charge of maintaining one central inventory for the company 3. Define who will be responsible for checking May-24 Occupational Safety and OSH Management The factory has not effectively - Post policies and work instructions in all 30 Health Systems communicated and implements OSH buildings. policies and procedures. - Post names of OSH committee members in all buildings. May-24 Occupational Safety and OSH Management Management did not provide a Provide a structural safety certificate for 30 Health Systems structural safety certificate for one building 5. building. May-24 Contracts and Human Termination The calculation for the payment ofthe Include the payment for the weekly rest 8 Resources annual salary supplement or bonus day in the calculation of average upon termination is does not include earnings for bonus upon termination. the payment for the weekly rest day. [page 169] 169 May-24 Contracts and Human Termination The calculation for the payment ofthe Include the payment for the weekly rest 8 Resources unused annual paid leave upon day in the calculation of average termination does not include the earnings for unused annual leave upon payment for the weekly rest day. termination. May-24 Contracts and Human Termination The calculation of the payment notice Include the payment for the weekly rest 8 Resources upon termination does not include the day in the calculation of average payment for the weekly rest day. earnings for notice period upon termination. May-24 Contracts and Human Employment Contracts The internal work rules does not Modify the internal work rules and 30 Resources specify the hours and location forthe specify the days of work, the hours and payment of the worker's salary. location for the payment of the worker's salary, May-24 Contracts and Human Employment Contracts The apprentice contracts were not Review and update the apprentice 30 Resources approved by the Ministry of Labor contract as required by law. Request (MAST). approval from MAST. May-24 Compensation Social Security and Other The factory did not send workers pay Send workers pay slip for the last 3 45 Benefits slip for the last 3 months to OFATMA months to OFATMA for sick leave and for sick leave and maternity leave maternity leave payment. payment. May-24 Compensation Social Security and Other The factory does not collect and Collect and forward workers" 45 Benefits forward workers contributions to contributions to OFATMA. OFATMA. May-24 Compensation Social Security and Other ONA contributions are based onthe Include the weekly rest day payment in 45 Benefits minimum salary. the calculation of the basic salary. Then forward employer contribution to ONA on time. May-24 Compensation Social Security and Other the employer's contribution to Calculate the employer's contribution to 45 Benefits OFATMA for maternity and health OFATMA on the basic salary and forward insurance is based on the minimum the contribution monthly. salary. May-24 Compensation Social Security and Other ONA deductions are based on the Include the weekly rest day payment in 45 Benefits minimum salary. the calculation of the basic salary. Forward ONA contribution on time. [page 170] 170 May-24 Compensation Paid Leave The payment for the legally mandated Include the weekly rest day payment in 8 holidays is made on the minimum the calculation of average earnings for salary instead of the average daily the legally mandated holidays. earnings. May-24 Compensation Paid Leave The employer does not pay workers Compensate workers for the weekly rest 8 for the weekly rest day. day after 48 hours or 6 days of work per week. May-24 Compensation Paid Leave The maternity leave payment is not Include weekly rest day payment in the 45 accurate. calculation of the average daily earning for maternity leave payment. Ensure that workers receive 12 week of payment as required by law. May-24 Compensation Paid Leave Sick leaves payment is not accurate. Included weekly rest day payment in the 45 calculation of the average daily earnings for sick leaves payment. May-24 Compensation Wage Information, Use The time records between the payroll Keep a single accurate attendance 45 and Deduction and attendance record did not match. system for all workers. May-24 Compensation Premium Pay The factory did not pay workers on fix Pay workers on fix salary 50% above the 8 salary 50% above the normal wage normal wage when they worked on when they worked on Saturdays. Saturdays. May-24 Compensation Overtime Wages Overtime work hours performed Pay overtime work performed beyond 6 8 beyond 6 PM for day shift were paid PM 100 percent above normal wage. 50 percent above normal wage instead of 100 percent. May-24 Compensation Overtime Wages The employer did not pay all workers Register and pay all workers with 50% 8 with 50% percent above the normal percent above the normal rate for rate for overtime worked on weekly overtime worked on weekly rest day. rest day. May-24 Freedom of Association Collective Bargaining Failure to implement several Implement all the provisions of the 30 and Collective provisions of the CBA. collective agreement. Bargaining Assessment June 2023 [page 171] 171 Jun-23 Occupational Safety and Chemicals and Hazardous The inventory of chemical and Assign a person, responsible for Health Substances hazardous products is incomplete. updating 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 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 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 Improve isolation from the chemical (e.g. Health Substances the proper conditions to prevent separate room for spot cleaning). unnecessary exposure of workers to chemical products. Jun-23 Occupational Safety and Chemicals and Hazardous Eye wash stations are not available in Install eye wash facilities were chemicals Weekly checklist and Health Substances all areas where chemical products are are used. portable wash bottle in all used. Include this aspect in the daily and the station that use weekly checks. chemical. Jun-23 Freedom of Association Collective Bargaining Failure to implement several Register all employees to OFATMA for and Collective provisions of the CBA. work related Accidents, maternity and Bargaining 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 Install adequate firefighting equipment Health missing fire extinguishers in several in the workplace. areas of the workplace. Jun-23 Occupational Safety and Emergency Preparedness Several escape routes were Provide additional space for storing Health obstructed. goods. Jun-23 Occupational Safety and Emergency Preparedness The factory has not conducted fire Conduct at least 2 emergency drill per Health drills 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 Health safeguarded. properly protected. area at the factory prohibiting the connection of lamps, electronic equipment, and cellphones. [page 172] 172 Jun-23 Contract and Human Employment Contracts The apprentice contracts were not Send the apprentice contracts to the Resources approved by the Ministry of Labor Ministry of Labor (MAST) for approval. (MAST), as legally required. Jun-23 Contract and Human Employment Contracts The factory does not have internal Review the internal work rules. The factory is waiting the Resources work rules approved by the Ministry of Send the document to MAST for response of MAST. Labor. approval. Ensure that all the pages are stamped. Jun-23 Contract and Human Employment Contracts The communication on HR policies Conduct Induction training for workers. Resources and procedures does not include Provide Staff training on how to carry out Induction all the necessary steps. policies and procedures. Display policies and internal regulations in the factory. Jun-23 Contract and Human Employment Contracts Human Resource management Develop a procedure on HR performance Resources system document were not available indicators. at the time of the assessment visit. Have in place a monitoring systems. Jun-23 Contract and Human Employment Contracts The factory recruitment procedure is Develop a recruitment procedure, that Resources not adequate. includes all the necessary elements. Jun-23 Contract and Human Employment Contracts The grievance procedure is not Include in the procedure communication Resources adequate. of changes made and resolution. Jun-23 Occupational Safety and Health Services and First The factory does not have onsite Set up a clinic approved by the Health Aid medical facilities and staff as required Authorities or Hire the required medical by art. 478 and 479 ofthe labor code. staff. Jun-23 Occupational Safety and Health Services and First The total number of workers trained Provide additional training on first aid to Health Aid in first aid is less 10 percent of the workers. workforce. Jun-23 Occupational Safety and OSH Management Structural safety certificates are not Request a structural safety certificate Health Systems 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 The factory does not effectively Display OSH policies and work Health Systems communicates and implements OSH instructions in the workplace. Post of policies. evacuation plans in all buildings [page 173] 173 jun-23 Occupational Safety and OSH Management The employer does not investigates Investigates monitors and measures Health Systems monitors and measures OSH issues. OSH issues through: Regular test, survey and inspections. Jun-23 Occupational Safety and OSH Management The factory does not have an accident Develop an accident investigation The factory has developed Health Systems investigation procedure. procedure that includes: Implementation and implemented an of changes in order to avoid accident investigation reoccurrence. procedure that includes, Root cause analysis, Focus on sustainable solutions. Jun-23 Occupational Safety and OSH Management The factory does not have an Develop the policy in consultation with Health Systems adequate OSH policy that is signed by workers and their representatives which top 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 Ensure that annual leave payment is The factory made some calculated based on worker's average calculated on average earnings. changes and annual leave daily earnings. payment is calculated based on worker's average daily earnings. Jun-23 Compensation Paid Leave Sick leave is not compensated based Register the workers to OFATMA on 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 Register the workers to OFATMA maternity leave where workers are maternity and health insurance. Send entitled to 12 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 Post the factory's working hours for all The working hour is included shifts, are not posted in all the shifts including break time. in the compliance weekly buildings. checklist. Jun-23 Working Time Regular Hours Time records is not accurate. Have an accurate and detailed payroll system. Jun-23 Compensation Social Security and Other ONA deduction are based on the Calculate ONA deduction on Workers' Benefits 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. [page 174] 174 jun-23 Compensation Social Security and Other The factory is not register for OFATMA Discuss legal requirements with the 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' 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 Benefits maternity and health insurance. Health insurance. Jun-23 Compensation Social Security and Other The factory did not send workers pay Send workers pay slip to OFATMA for Benefits slip to OFATMA for sick leave and sick leave and maternity leave payment. maternity leave payment. Jun-23 Compensation Wage Information, Use The time records between the payroll Have an accurate and detailed payroll and Deduction and attendance record did not match. system. Jun-23 Occupational Safety and Welfare Facilities Insufficient number of toilets. Increase the number of toilets as Health required by law. Jun-23 Occupational Safety and Welfare Facilities The employer does not have its own Provide an eating Area that can Health eating area, instead workers use the accommodate all the workers. communal eating areas shared with other factories within CODEVI (industrial park). Jun-23 Occupational Safety and Worker Protection The employer has not provided proper Provide employees with all necessary Health PPE 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 Install the finger guards on single-needle The factory has developed a Health machines in one building were machines. Weekly inventory by area. missing their finger guards. Jun-23 Occupational Safety and Worker Protection The emergency light is not working in Develop a preventive maintenance plan. Health one of the forklifts. Add this aspect in the daily and weekly check. [page 175] 175 jun-23 Occupational Safety and Worker Protection Industrial platform ladder missing one Develop a preventive maintenance plan. Health side rail of at least 0.90m as Add this aspect in the daily and weekly recommended by the labor Code. check. Jun-23 Occupational Safety and Working Environment Lux level is insufficient in the Increase the lux level with additional Health workplace. light. 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 Cinthe Increase the ventilation with additional 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 Health Workers close to it complained about housekeeping of the workplace the smell. [page 176] 176 BETTER WORK HAITI - 28TH SYNTHESIS REPORT : Factory: MGA Haïti S.A. Supplier ID 28 Location: Port-au-Prince Number of workers: 695 Date of registration: Oct-09 Date of last two Feb-23 Feb-24 Retter Work Advisory and Training Services 16-Oct-24 Bipartite Committee Meeting Meeting with the PICC committee on root cause analysis exercise. Members drafted an action plan to follow up on the issue discussed. 16-Aug-24 Industry Seminar Virtual Chemical Management System 26-Apr-24 Advisory services Meeting with PICC and OSH committee. The purpose of the meeting was to present the finding of last assessment and identify necessary action for remediation. Advisor recommended ideas for strengthening the committee as the members reported not having sufficient time to prepare the meeting. 15-Mar-24 Industry Seminar Virtual Workers' Rights & Responsibilities 7-Mar-24 Advisory services Meeting with management to: Follow-up on factory actual situation. Follow-up on actual number of workers at the factory. Last ONA payment and payment for OFATMA accident 2023-2024. Review and update the improvement plan. Advise the factory on the incoming question in the new assessment based on the 3*8 law the government put on hold. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment February 2024 Feb-24 Occupational Safety and Health OSH Management Systems The factory does not have an Develop an adequate hazard/ risk 28 adequate hazard/risk management management and control and control procedures. procedure that includes all the necessary elements. Feb-24 Occupational Safety and Health OSH Management Systems The factory does not have an Develop an adequate accident 28 adequate accident investigation investigation procedure. procedure. Feb-24 Occupational Safety and Health OSH Management Systems Management did not show Develop a system to investigate 28 evidence of that the employer and monitor OSH issues and investigates monitors and record the evidence of regular measures OSH issues. management review of effectiveness of the management Feb-24 Contracts and Human Employment Contracts The factory does not have adequate Include the missing elements in 28 Resources grievance handling and dispute the grievance handling and resolution procedures. dispute resolution procedures [page 177] 177 Feb-24 Contracts and Human Employment Contracts No evidence of performance Record evidence of investigation 28 Resources evaluation procedures nor any on HR violation and adjustment investigations for violations of made to prevent recurrence. Human Resources policies and procedures. Feb-24 Contracts and Human Employment Contracts The HR policies and procedures Include the missing elements in 28 Resources does not include all the adequate the HR policies and procedures. elements. Feb-24 Working Time Leave The security guards had been Provide 15 consecutives days of 5 granted only 8 days of annual leave annual leave to the security instead the required 15 days. guards are. Feb-24 Working Time Overtime The employer did not receive prior Ensure to receive the 5 authorization from the department authorization notice prior to of labor to work overtime. perform overtime. Feb-24 Working Time Overtime Assessors could not verify the Keep accurate time records for all 5 security guards' overtime hours employees, including the security because management did not guards. provide their time records. Feb-24 Working Time Regular Hours The employer did not receive the Request authorization from the 5 authorization notice from the department of labor before department of labor, to work night working at night. shift. Feb-24 Working Time Regular Hours During the assessment visit the Provide the time records for the 15 employer did not share the time workers for verification. records for the workers. Feb-24 Occupational Safety and Health Emergency Preparedness Several aisles were blocked by Keep the aisles unobstructed 28 fabric tables in building 17. during working hours. Feb-24 Occupational Safety and Health Health Services and First Aid Some products in a first aid boxin Identify all items in the first aid 53 building 10 were not identified . boxes. Feb-24 Occupational Safety and Health Health Services and First Aid Insufficient number of nurses. Hire one additional nurse. 73 Feb-24 Occupational Safety and Health Health Services and First Aid The workers exposed to work Provide free health check twice a 65 related hazards had not received year to workers who are exposed free health checks twice a year. to chemical and hazardous materials. Feb-24 Occupational Safety and Health Welfare Facilities Insufficient number of functioning Have the adequate numbers of 73 toilets for women and men. toilets for women and men. [page 178] 178 Feb-24 Occupational Safety and Health Worker Protection Improper maintenance of electrical Ensure that electrical panel The panel were closed during 56 panels. Batteries inthe remained closed and that the the assessment visit. generator room of building 17 do batteries generator are properly not have insulation cover. insulated. Feb-24 Occupational Safety and Health Worker Protection Several machines were missing eye Ensure that all the sewing 73 guards, and pulley guards. machines have their necessary guards. Feb-24 Occupational Safety and Health Worker Protection The employer did not provide Provide the necessary personal Management provided the 28 proper PPE to all workers protective equipment to workers. necessary PPE to workers in the fabric warehouse and in the mechanic shop. Feb-24 Occupational Safety and Health Chemicals and Hazardous Eye wash station is not available in Install an eye wash station where 28 Substances all areas where chemical and chemicals are used and stored. hazardous products are used and stored. Feb-24 Occupational Safety and Health OSH Management Systems The employer has not performed an Perform an OSH assessment on a OSH assessment is performed 28 assessment of occupational safety regular basis. regularly. and health risks in the factory on a regular basis. Feb-24 Occupational Safety and Health OSH Management Systems Management didn't provide any Provide the structural safety 28 structural safety certificate, forthe certificate. buildings. Feb-24 Occupational Safety and Health OSH Management Systems The factory does not send work Submit the accident report to Management submitted the 5 related accident reports to OFATMA OFATMA on a monthly basis. OFATMA accident on a monthly every month as required by the basis. labor code. Feb-24 Contracts and Human Termination The annual leave payment upon Calculate the annual leave based 37 Resources termination is not calculated onthe on the average daily earning. average daily earning. Feb-24 Contracts and Human Employment Contracts The internal rules do not include Include the missing elements in 28 Resources entry and exit hours, pay locations the internal rules. and times of payment. Feb-24 Contracts and Human Employment Contracts The foreign workers’ contracts do Include the employer information 28 Resources not include the employer's and the salary in the foreign information as well as the workers contracts. emolovee's salarv. Feb-24 Compensation Social Security and Other The workers’ contribution to Pay the OFATMA contribution on Last payment was made in June 5 Benefits OFATMA for maternity and health monthly basis within the first 10 for the month of March 2024. insurance is not submitted on a working days. monthly basis. [page 179] 179 Feb-24 Compensation Social Security and Other The employer contribution to ONA Pay the ONA contribution on Last payment was made in June 5 Benefits is not submitted on a monthly basis. monthly basis within the first 10 for the month of May 2024. Last payment was ma working days. Feb-24 Compensation Social Security and Other The employer contribution to Pay the OFATMA contribution on Last payment was made in June 5 Benefits OFATMA for maternity and health monthly basis within the first 10 for the month of March 2024. insurance is not submitted on a working days. monthly basis. Feb-24 Compensation Social Security and Other The workers’ contribution to ONA is Pay the ONA contribution on Last payment was made in June 5 Benefits not submitted on a monthly basis. monthly basis within the first 10 for the month of May 2024. working days. Feb-24 Compensation Social Security and Other The bonus payment does not Include the overtime payment in 5 Benefits include worker's overtime payment. the annual salary supplement. Feb-24 Compensation Social Security and Other Management did not provide the Provide proof of payment for 37 Benefits monthly salary statements and OFATMA work related accident authorization for installment insurance. payments from OFATMA for the fiscal year 2022-2023. Feb-24 Compensation Paid Leave The annual leave payment is not Calculate the annual leave based 37 calculated on worker's average on the average daily earning. daily earnings. Feb-24 Compensation Wage Information, Use and Boiler room workers were paid Ensure that the payroll include all 5 Deduction separately and their total overtime the payment that the workers hours were not reported in the receive. payroll. Feb-24 Compensation Overtime Wages The employer does not pays 50% Pay the overtime worked at night 5 above normal wage for overtime accurately. worked at night. Feb-24 Compensation Overtime Wages The operators who stayed after the Pay the overtime hours 50 percent 28 regular hours receive an incentive above normal wage. which is not reported in the payroll. Assessment February 2023 Feb-23 Occupational Safety and Health Chemicals and Hazardous Inventory of chemicals and Ensure that documentation is The factory shares the Substances hazardous substances was not available during the evaluation inventory with the assessor available at the time ofthe period. during the advisory visit. assessment visit. Feb-23 Occupational Safety and Health Chemicals and Hazardous Chemical and hazardous Label all chemicals and Substances substances are not properly hazardous substances used in the labelled. workplace [page 180] 180 Feb-23 Occupational Safety and Health Chemicals and Hazardous MSDSs are not available in local Translate MSDS in the local Building 11 is no longer used as Substances language for all chemicals used in language and post them where a sewing floor, now they use it the workplace. chemical products are used. as a warehouse. Feb-23 Occupational Safety and Health Chemicals and Hazardous The factory does not have The factory needs to have an Substances appropriate spot cleaning area. isolated area for the spot cleaning. Feb-23 Occupational Safety and Health Chemicals and Hazardous Eye wash station is not operational The factory needs to install The factory has fixed the eye Substances in several section in the factory. eyewash station in all areas where wash issues in building 17. chemical products are used. Building 11 is no longer used as a sewing floor, now they use it as a warehouse. Feb-23 Occupational Safety and Health Emergency Preparedness Fire extinguishers were not Provide adequate firefighting The factory has fixed the fire properly maintained equipment and Ensure regular extinguisher issues in building maintenance is done 17. Building 11 is no longer used as a sewing floor, now thev use it as a warehouse. Feb-23 Occupational Safety and Health Emergency Preparedness Obstructed aisles in several areas. Keep all aisles free from obstructions. Feb-23 Occupational Safety and Health Emergency Preparedness Source of ignition not properly Ensure that all source ofignition The factory removed the source safeguarded. are properly safeguarded. of ignition inside the wooden hav Feb-23 Contracts and Human Employment Contracts The disciplinary and termination Review the procedure to include Resources procedure does not include allthe details on the workers’ rights to necessary steps. disciplinary defend themselves prior to processes. termination, and to representation during disciplinary Feb-23 Contracts and Human Employment Contracts The grievance handling and dispute Review the procedure to include Resources resolution procedure does not details on the workers’ rights to include all the necessary elements. defend themselves prior to termination, and to representation during disciplinary nracesses Feb-23 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. Feb-23 Contracts and Human Employment Contracts The factory does not fully Ensure that all parameters are Resources investigates 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 Resources include the employer's information contract to include all the missing as well as the employee's salary. information. [page 181] 187 Feb-23 Occupational Safety and Health Health Services and First Aid Newly hired workers do not Proactively work with OFATMA to received the health card withinthe distribute the health cards and first 3 month of hiring. conduct the medical checks as required Feb-23 Occupational Safety and Health Health Services and First Aid Factory did not provide medical Medical check up has to be done checks twice a year, for workers twice for all the workers exposed exposed to chemical and hazardous chemical and hazardous products. products. Feb-23 Occupational Safety and Health Health Services and First Aid Factory did not provide annual Proactively work with OFATMA to medical checks to workers distribute the health cards and conduct the medical checks as required Feb-23 Occupational Safety and Health Health Services and First Aid Insufficient number of medical Hire additional nurses to comply personnel. with the labor code. Feb-23 Occupational Safety and Health Health Services and First Aid First aid boxes were not readily The factory needs to designate a accessible in some buildings and person to monitor the inventory several products were expired in of the first aid boxes. the clinic. Feb-23 Occupational Safety and Health OSH Management Systems The structural safety certificate was Request a structural safety not available. certificate from the city hall. Feb-23 Occupational Safety and Health OSH Management Systems The employer has failed to Ensure that all OSH issues are investigate, monitor and measure investigated, monitored and OHS issues as required. measured accurately. Feb-23 Occupational Safety and Health OSH Management Systems The factory does not have a written Update the accident investigation accident investigation procedure procedure and include the that includes all the requirements. implementation of changes in order to avoid reoccurrence. Feb-23 Occupational Safety and Health OSH Management Systems The factory does not have a Update the hazard/risk hazard/risk management and management and control control procedure that includes all procedure and include a risk the requirements. register that drives the implementation of controls. Feb-23 Occupational Safety and Health OSH Management Systems The factory did not provide any Conduct and keep records of the evidence of OSH assessments assessment result on a monthly reports for the last 12 months. basis. Feb-23 Compensation Overtime Wages Inaccurate overtime payment Ensure that the attendance records is available during the evaluation period for overtime verification payments. [page 182] 182 Feb-23 Compensation Overtime Wages Inaccurate overtime payment Ensure that the attendance 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 average earnings. the 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 earnings. the 3*8 law. The lunch break payment is no longer required. Feb-23 Compensation Paid Leave Inaccurate payment for maternity Calculate the maternity leave The June 13 decree suspends leave. payment on worker's average the 3*8 law. The lunch break daily earnings. payment is no longer required. Feb-23 Compensation Paid Leave Lunch break is not compensate in The June 13 decree suspends the The June 13 decree suspends the payroll. 3*8 law, so Better Work is not the 3*8 law. The lunch break finding non-compliance for non- payment is no longer required. payment of the lunch break. Feb-23 Compensation Premium Pay Inaccurate overtime payment Ensure that the attendance 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 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 Modify the internal work rules and The June 13 decree suspends legal requirements. ensure the regular working hours the 3*8 law. Now the lunch do not exceed 48 hours per week break is not include in the regular working hours. Feb-23 Working Time Regular Hours The required break was not Give the legally required break to provided to pregnant women. all pregnant women. Feb-23 Working Time Regular Hours Attendance records was not Ensure that documentation is available during the assessment. available during the evaluation period. Feb-23 Compensation Social Security and Other Inaccurate payment to OFATMA for Complete the payment for The factory completed the Benefits work-related accident insurance. OFATMA work related accident for payment for work related the fiscal year 2022-2023. accident. [page 183] 183 Feb-23 Compensation Social Security and Other Inaccurate annual leave payment. Pay annual leave based on The June 13 decree suspends Benefits average earnings. the 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' The June 13 decree suspends Benefits contribution for OFATMA payment contributions for OFATMA onthe the 3*8 law. The lunch break is inaccurate basic salary. payment is no longer required. Feb-23 Compensation Social Security and Other The calculation of employer's Calculate employers' The June 13 decree suspends Benefits contribution for OFATMA payment contributions for OFATMA onthe the 3*8 law. The lunch break is inaccurate basic salary. payment is no longer required. Feb-23 Compensation Social Security and Other The calculation of employer's Calculate employers' The June 13 decree suspends Benefits contribution for ONA payment is contributions for ONA on the the 3*8 law. The lunch break inaccurate basic salary. payment is no longer required. Feb-23 Compensation Social Security and Other The calculation of workers" Calculate Workers' contributions The June 13 decree suspends Benefits contribution for ONA payment is for ONA on the basic salary. the 3*8 law. The lunch break inaccurate payment is no longer required. Feb-23 Compensation Social Security and Other The factory did not send workers Send workers pay slip to OFATMA Benefits pay slip to OFATMA for sick leave for sick leave and maternity leave and maternity leave payment. payment. Feb-23 Contracts and Human Termination The employer did not provide the Ensure that documentation is Resources list of terminated workers for the available during the evaluation past 12 months. period. Feb-23 Contracts and Human Termination The calculation of the payment for Pay the applicable notice period The June 13 decree suspends Resources the applicable notice period does and include the lunch break the 3*8 law. The lunch break not include the lunch break payment in the calculation payment is no longer required. payment. Feb-23 Contracts and Human Termination The calculation for unused paid Pay the unused paid annual leave The June 13 decree suspends 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 Feb-23 Contracts and Human Termination The calculation of the annual salary Pay workers their annual salary The June 13 decree suspends 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 Feb-23 Occupational Safety and Health Welfare Facilities Insufficient number of Toilets. Increase the number of toilets for men and women. Feb-23 Occupational Safety and Health Welfare Facilities Soap was not available in men's and Ensure that soap is available in women's toilets. men toilets during working hours including overtime. [page 184] 184 Feb-23 Occupational Safety and Health Worker Protection The factory did not provide Provide proper PPE to all workers, appropriate PPE to all workers. including weight lifting belts Gloves, boots and apron Feb-23 Occupational Safety and Health Worker Protection Sewing machines were missing Install the proper safety guards pulley guards. on all machines. Feb-23 Occupational Safety and Health Worker Protection Improper maintenance of electrical Improve the electrical system of the factory. maintenance and Create a maintenance log Feb-23 Occupational Safety and Health Worker Protection Assessors observed that standing Provide standing mats or foot Factory provided shock workers were not provided with rests to all standing workers. absorbing mats to all standing ergonomic mats. workers, and Building 11 is no longer used as a sewing floor, now they use it as a warehouse. Feb-23 Occupational Safety and Health Working Environment Workplace temperatures levels are Monitor the temperature level and unacceptable. maintain it under 30 C inside the workplace. Feb-23 Occupational Safety and Health Working Environment light levels were inappropriate in Ensure the lighting is adequate some working sections. and adapted to worker's needs. Feb-23 Occupational Safety and Health Working Environment The aisles in the cutting section Ensure that aisles are clean and The factory keeps the aisles in were not clean and tidy. tidy in the cutting section. the cutting section clean and tidy by placing garbage bins in this section. [page 185] 185 BETTER WORK HAITI - 28TH SYNTHESIS REPORT Factory: Pacific Sports Haiti S.A Supplier ID 31 Location: Port-au-Prince Number of workers: 526 Date of registration: Oct-09 Date of last two Aug-23 Nov-24 Better Work Advisory and Training Services 22-Nov-24 Advisory meeting To discuss the factory situation, follow-up on Social security payment and the process of renew the bipartite committee with management and union 23-Aug-24 Advisory meeting Meeting with management to follow up on the process of renew the bipartite committee with management and union. Conduct factory tour with compliance manager. Document review on social security payment. 22-Aug-24 Industry Seminar Virtual Workplace Cooperation & Communication (WCC) 2-Jul-24 Industry Seminar Virtual Supervisory Skills 20-Jun-24 Advisory meeting Meeting with management to initiate the process of renew the bipartite committee with management and union. Follow-up on actual number of the factory, last ONA payment and payment for OFATMA accident 2023-2024. 11-Apr-24 Advisory meeting Meeting with management to follow up on the process of renew the bipartite committee with management and union. Follow-up on actual number of workers at the factory, last ONA payment and payment for OFATMA accident 2023-2024. 10-Apr-24 Industry Seminar Virtual Preventing and Addressing Sexual Harassment for Workers 19-Mar-24 Advisory meeting To follow-up on factory actual situation, Social Security status and new assessment questions. 15-Mar-24 Industry Seminar Virtual Workers' Rights & Responsibilities 1-Mar-24 Industry Seminar Virtual Preventing and Addressing Sexual Harassment for Middle Management 27-Feb-24 Industry Seminar Virtual Preventing and Addressing Sexual Harassment for Supervisory 23-Feb-24 Industry Seminar Virtual Preventing and Addressing Sexual Harassment for Workers ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment Novembre 2024 Nov-24 Occupational Safety and OSH Management Management did not show any Ensure that all OSH issues are 2 Health Systems evidence that the employer investigated, monitored and investigates, monitors and measured accurately, through: measures OSH issues. Regular test, survey and inspections Logging and analysis of violations of procedures. [page 186] 186 Nov-24 Contracts and Human Employment Contracts The grievance handling and dispute Review the procedure and include 17 Resources resolution procedure does not the communication of changes include all the necessary elements. made and/or resolution as appropriate and does not ensure the anonymity and non-retaliation. Nov-24 Contracts and Human Employment Contracts The disciplinary and termination Develop a disciplinary and 17 Resources procedures the procedure does not termination procedures that include- includes all the step such as: Timeframes for warnings and payments-Legal notice periods and termination payments Nov-24 Contracts and Human Employment Contracts Management does not investigate Develop a procedure on HR 17 Resources violations of HR policies and performance indicators and procedures. monitoring systems. Identify weaknesses and make necessary adiritmente Nov-24 Occupational Safety and Emergency Preparedness Less than 10% of the workforce was Train at least 10% of the workforce 2 Health trained in fire fighting. on the use of fire-fighting equipment. Nov-24 Occupational Safety and Emergency Preparedness Fire drills were not conducted every Conduct fire drill at least twice a 2 Health 6 months as recommended by year. Better Work. Nov-24 Occupational Safety and Emergency Preparedness Several aisles were obstructed by a Keep routes unobstructed during 2 Health pallets of fabrics. working hours. Nov-24 Occupational Safety and Emergency Preparedness The evacuation plan does not reflect Update and post an evacuation 2 Health the current layout of the factory. In plans for all buildings, and ensure addition, the assembly point was not that assembly point are clearly identified outside of the factory. identified. Nov-24 Occupational Safety and Health Services and First Less than 10% ofthe workforce was Train at least 10 percent of the 2 Health Aid trained in first aid. workforce in first aid. Nov-24 Occupational Safety and Worker Protection Storage rack in the trim warehouse Provide appropriate storage rack in 2 Health is not protected to prevent storage buildings, to prevent the falling of boxes from falling the storage boxes. Nov-24 Occupational Safety and OSH Management The factory does not communicates Ensure that the factory 2 Health Systems and implements OSH policies and communicates and implements OSH procedures. policies and procedures. [page 187] 187 Nov-24 Occupational Safety and OSH Management There is no evidence that the factory Create a hazard/risk management 2 Health Systems conducted a risk assessment. and control procedure that includes that all the requirements. Nov-24 Occupational Safety and OSH Management The factory does not have a OSH Ensure the factory has a OSH 2 Health Systems committee in place. committee in place, to conduct the joint meetings to address OSH issues. Nov-24 Occupational Safety and OSH Management Management did not provide any Request a structural safety 2 Health Systems structural safety certificate for the certificate from the city hall. building. Nov-24 Occupational Safety and OSH Management The factory does not have a bipartite Ensure the factory has a bipartite 2 Health Systems committee in place. committee in place, to conduct the joint meetings to address non- compliances issues. Nov-24 Compensation Social Security and Other The factory is not registered to Register to OFATMA for maternity 91 Benefits OFATMA for maternity and health and health insurance and forward insurance. workers contribution. Nov-24 Compensation Paid Leave The factory only paid 6 weeks of Registered the factory with OFATMA 17 maternity leave. for maternity and health insurance and workers will be entitle to 12 weeks of payment. Assessment August 2023 Aug-23 Contracts and Human Employment Contracts The grievance handling and dispute Update and adjust grievance Resources resolution procedures does not handling and dispute resolution include all the necessary elements. procedures. Aug-23 Contracts and Human Employment Contracts The factory does not have a Update and adjust disciplinary and Resources disciplinary and termination termination procedures. procedures, that includes all the ctanc Aug-23 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. AUg-23 Occupational Safety and Emergency Preparedness Improper maintenance of fire Provide adequate firefighting Health extinguishers. equipment and ensure regular maintenance is done. [page 188] 188 Aug-23 Occupational Safety and Chemicals and Hazardous Chemical and hazardous substances Label all chemicals and hazardous Health Substances are not properly labelled. substances used in the workplace. AUg-23 Occupational Safety and Working Environment Light levels were inappropriate in Ensure the lighting is adequate and Health some working sections. adapted to worker's needs. Aug-23 Occupational Safety and Working Environment Workplace temperatures levels are Monitor the temperature level and Health unacceptable. maintain it under 30 C inside the workplace. Aug-23 Occupational Safety and Worker Protection The factory did not provide Provide appropriate PPE where it is Health appropriate PPE to all workers. needed for all workers. Aug-23 Occupational Safety and Chemicals and Hazardous Inventory of chemicals and Update inventory of chemicals and Health Substances hazardous substances is not hazardous substances in the updated. workplace. Aug-23 Contracts and Human Employment Contracts The contract for administrative staff Update the contract of all Resources and security personnel does not employees in the factory to be in comply with the internal work rules. compliance with the internal work rules. Aug-23 Compensation Social Security and Other The factory is not registered with Register to OFATMA for maternity Benefits OFATMA for maternity and health and health insurance and forward insurance. workers' contribution. Aug-23 Compensation Social Security and Other The employer pays 3 percent of Benefits workers salary to OFATMA for work- related accident insurance and has completed the payment for the fiscal 2022-2023 in three installments. However, the management did not give any proof of agreement with OFATMA for a payment by Aug-23 Compensation Paid Leave MERE GE for maternity Registered the factory with OFATMA leave. for maternity and health insurance and workers will be entitle to 12 weeks of payment. [page 189] 189 BETTER WORK HAITI - 28TH SYNTHESIS REPORT " Factory: Palm Apparel S.A. Supplier ID 175 Location: Port-au-Prince Number of workers: 949 Date of registration: Jan-11 Date of last two Better Mar-23 Jul-24 Work assessments: Advisory and Training Services Note: The factory had limited operations in March and June. The factory was in temporary suspension in April, May, September, October and November. 16-Aug-24 Industry Seminar Virtual Chemical Management System 7-Jun-24 Advisory meeting Virtual meeting with the OSH committee about the factory's current operation. Meeting with worker's representative on issues at the factory level and sectorial level. Meeting with the Human Resource team to follow up on Social security contributions and documentation reviews. 7-Mar-24 Advisory meeting Meeting with the compliance officer to conduct a virtual OSH tour with a focus on emergency preparedness. Review of documents with HR staff to provide recommendation on internal policies and procedures in place. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment July 2024 Jul-24 Occupational Safety and OSH Management Systems The hazard/risk management and Review and update the hazard/risk 34 Health control procedure is not accurate. management and control procedure. Jul-24 Contracts and Human Employment Contracts The employer does not investigate Investigate violations of HR policies and 6 Resources violations of HR policies and procedures, identify weaknesses and procedures. make necessary adjustments to prevent recurrence. Jui-24 Working Time Overtime The factory did not received the Request authorization and wait for the 6 notice of approval for overtime, from approval from MAST before scheduling the Department of Labor. overtime. Jul-24 Working Time Overtime Assessors could not verify if overtime Install an accurate punch systems. 6 hours worked exceeded 80 hours in one trimester, because the punch system is not available. Jul-24 Working Time Overtime The factory had no prior Request authorization and wait for the 6 authorization from MAST before approval from MAST before working on working on Sunday. Sunday. [page 190] 190 Jul-24 Working Time Regular Hours The punch system was not available; Develop a manual attendance records 21 the attendance was done manually where employees can sign and by supervisors. acknowledge the working hours. Jul-24 Occupational Safety and Emergency Preparedness The sewing floor needs to be Update the evacuation plan and remark 21 Health repainted and the evacuation map the evacuation routes. needs to be updated. Jul-24 Occupational Safety and Emergency Preparedness The assessors did not find any fire Install a fire extinguisher where 6 Health extinguisher close to the chemical chemicals are stored. room. In addition, assessors observed that the one in the generator room was obstructed. Jul-24 Occupational Safety and Health Services and First The first aid boxes are missing Develop an inventory for first aid boxes. 6 Health Aid several items. Jul-24 Occupational Safety and Health Services and First Insufficient medical staff. Hire additional nurses. 70 Health Aid Jul-24 Occupational Safety and Health Services and First The annual medical checks are not Pay the CDS and send a request to 70 Health Aid in line with the legal requirements. OFATMA for the annual medical checks. Jul-24 Occupational Safety and Health Services and First The medical checks done within the Pay the CDS and send a request to 70 Health Aid first three months of employment OFATMA for the medical checks. are not in line with the legal requirements. Jul-24 Occupational Safety and Welfare Facilities Inconsistent availability of soap in keep a stock of soap and paper and 6 Health the toilets. assign a person for the distribution. Jul-24 Occupational Safety and Welfare Facilities Insufficient number of toilets. Increase the number of Toilets 86 Health according to the workforce. Jul-24 Occupational Safety and Working Environment Slippery due to water spillage from Fix the roof and develop a building 6 Health the roof when it is raining. maintenance plan. Jul-24 Occupational Safety and Worker Protection Electrical box is missing the hazard Identify electrical panels and post 6 Health sign. hazard signs. Jul-24 Occupational Safety and Worker Protection The battery terminals on the Install insulation covers to the battery 21 Health generator are not properly terminals. protected. [page 191] 197 Ju-24 Occupational Safety and Worker Protection The factory did not provide earplugs Conduct a risk assessment and 50 Health for workers in the generator room. distribute the PPESs to the necessary sections. Jul-24 Occupational Safety and Chemicals and Hazardous Several hazardous chemicals were Train those responsible for MSDS on 34 Health Substances found without chemical safety data chemicals management. sheets. Jul-24 Occupational Safety and Chemicals and Hazardous Chemical containers are not properly Train those responsible for identifying 34 Health Substances labelled. containers on chemical management. Jul-24 Occupational Safety and Chemicals and Hazardous The chemical inventory is not Include the different locations in the 6 Health Substances accurate. chemical inventory report. Jul-24 Occupational Safety and OSH Management Systems The factory did not share any Contract a firm to assess the structure 34 Health structural safety certificate with the ofthe buildings. assessors. Jul-24 Compensation Social Security and Other OFATMA contributions t are not Include Sunday worked payment and 88 Benefits calculated on the basic salary. production incentives in the calculation of OFATMA. Jul-24 Compensation Social Security and Other ONA contributions are not calculated Include Sunday worked payment and 158 Benefits on the basic salary. production incentives in the calculation of ONA for employer contribution. Jul-24 Compensation Social Security and Other OFATMA deductions are not Include Sunday worked payment and 88 Benefits calculated on the basic salary. production incentives in the calculation of OFATMA. Jul-24 Compensation Social Security and Other ONA deduction are not based onthe Include Sunday worked payment and 158 Benerfits basic salary. production incentives in the calculation of ONA. Assessment March 2023 Mar-23 Child Labor Documentation and The factory's management did not Keep copies of either a birth certificate Copies of either a birth 15 Protection of Young confirmed that all of its workers are or a national photo ID in each worker's certificate or a national photo Workers hired on the basis of a government file. ID are available in each issued CIN Card (National worker's file. Identification Card). Mar-23 Compensation Paid Leave The Calculation of the payment for Pay the lunch break. The June 13 decree suspends 28 annual leave does not include the the 3*8 law. The lunch break lunch break. payment is no longer required. [page 192] 192 Mar-23 Compensation Paid Leave Workers are entitled to full payment Pay the lunch break The June 13 decree suspends 28 of sick leave. However, It does not the 3*8 law. The lunch break include the lunch break payment in payment is no longer the calculation of the average salary. required.. Mar-23 Compensation Paid Leave Workers are entitled to full payment Pay the lunch break. The June 13 decree suspends 28 of maternity leave. However, It does the 3*8 law. The lunch break not include the lunch break payment payment is no longer in the calculation of the average required.. Mar-23 Compensation Paid Leave datés are entitled to 1 hour daily Pay the lunch break. The June 13 decree suspends 28 break that is not compensated. the 3*8 law. The lunch break payment is no longer required.. Mar-23 Compensation Social Security and Other Atthe time of the assessment, the Keep records of the salary statement 72 Benefits factory's management did not share sent to OFATMA. Pay OFATMA the salary statement sent to OFATMA work related accident insurance on time. for work related accident for fiscal year 2022-2023. Mar-23 Compensation Social Security and Other The calculation of the average salary Pay the lunch break. The June 13 decree suspends 28 Benefits for the payment an annual salary the 3*8 law. The lunch break supplement or boni does not include payment is no longer the lunch break payment. required.. Mar-23 Compensation Social Security and Other The factory collects and forward Calculate ONA on the basic salary and 152 Benefits workers’ contribution to ONA. Forward worker's contribution to ONA However, ONA deduction are based within the first 10 business days ofthe on the minimum salary and last next month for the previous month. payment was made in June 2022. Mar-23 Compensation Social Security and Other The factory submits the employer's Forward worker's and employer's 82 Benerfits portion of worker's salary to contribution to OFATMA maternity and OFATMA for maternity and health health insurance within the first 10 insurance. However, OFATMA business days of the next month for the contributions are based on the previous month. minimum salarv. Mar-23 Compensation Social Security and Other The factory submits employer's Calculate ONA on the Basic salary. Then, 152 Benerfits contributions to ONA. However, ONA _ forward employer's contribution to ONA contributions are based on the within the first 10 business days of the minimum salary next month for the previous month. Mar-23 Compensation Social Security and Other The factory collects and forward Forward worker's and employer's 82 Benerfits workers’ contributions to OFATMA contribution to OFATMA maternity and for maternity and health insurance. health insurance within the first 10 However, OFATMA deductions are business days of the next month for the based on the minimum salary. previous month. [page 193] 193 Mar-23 Compensation Termination The employer provides the payment Pay the lunch break. The June 13 decree suspends 28 for the applicable notice period. the 3*8 law. The lunch break However, the calculation of the payment is no longer average earning does not include the required. lunch break payment. Mar-23 Compensation Termination The employer compensates workers Pay the lunch break. The June 13 decree suspends 28 for unused paid annual leave upon the 3*8 law. The lunch break termination. However, the calculation payment is no longer of the average daily salary does not required.. include the lunch break payment. Mar-23 Compensation Termination The employers pays workers their Pay the lunch break. The June 13 decree suspends 28 annual salary supplement upon the 3*8 law. The lunch break termination. However, the calculation payment is no longer of the average daily salary does not required.. include the lunch break payment. Mar-23 Occupational Safety and OSH Management Systems During the assessment visit, the Request a structural safety inspection The factory had asked the 28 Health factory did not share any structural from a construction firm or the city construction firm to provide safety certificate delivered by the city council. the necessary document. The with the assessors. structural 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 28 Health Substances found in the workspace. container on receipt from supplier and carried out in all sections to control the label. ensure that all containers had their labels. Mar-23 Occupational Safety and Chemicals and Hazardous Management did not isolate the use The factory needs to ensure that the use The spot cleaning is totally 28 Health Substances of chemical substances in the spot of chemicals are isolated from the floor. _ isolated from the floor and cleaning section. contains a ventilation system. Mar-23 Occupational Safety and Worker Protection The employer has not provided Provide employees with all necessary The masks have been provided 50 Health proper PPE to all workers. personal protective clothing and to workers. equipment according to PPE regulation. Mar-23 Occupational Safety and Worker Protection During the factory tour, assessors The factory needs to ensure that the Every precaution has been 15 Health notice that the battery terminals in batteries terminals are insulated. taken to ensure that insulators the generator are not properly are fitted over the battery protected. terminals. Mar-23 Occupational Safety and Welfare Facilities Insufficient number of toilets. Increase the number of toilets to comply 80 Health with the law. Mar-23 Occupational Safety and Health Services and First Health checks within the first three Pay the health cards. Coordinate with 64 Health Aid months of employment are not in OFATMA to do the health checks line with the legal requirements. [page 194] 194 Mar-23 Occupational Safety and Health Services and First Annual health checks are not in line Pay the health cards. Coordinate with 64 Health Aid with the legal requirements OFATMA to do the health checks Mar-23 Occupational Safety and Health Services and First Insufficient medical staff. Hire additional medical staff for the 64 Health Aid current workforce. Mar-23 Occupational Safety and Health Services and First Document review reveals that the Train at least than 10% of the workforce 15 Health Aid factory has trained less than 10% of in first-aid. the 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. Health were obstructed. responsibilities to someone to ensure Arrows to identify the that the emergency exits are evacuation routes are in place unobstructed during work hours. The and there are no cracks on the floor needs to be repainted. floor. Mar-23 Working Time Regular Hours The regular working hours are from Ensure that the regular hour do not The June 13 decree suspends 28 7 AM to 4:00 PM (including 60 exceed 48 h per week. the 3*8 law. The lunch break is minutes of daily break), 6 days per no longer part of the regular week, which is equivalent to 9 working hours. working hours per day and 54 hours per week. Mar-23 Working Time Regular Hours The attendance record does not Have an accurate attendance recording 15 reflect the actual time worked. system. [page 195] 195 BETTER WORK HAITI - 28TH SYNTHESIS REPORT . Factory: S&H Global 1-6 Supplier ID 421 Location: Arrondissement du Trou du Nord Number of workers: 3,789 Date ofregistration: Jul-12 Date of last two Better May-24 May-24 Work assessments: Advisory and Training Services 8-Jan-25 Advisory meeting Meeting with the new compliance manager, compliance officer and HR team to discuss pending issues for the Pr2. Discussion was also on challenges and successes in 2024. 6-Dec-24 Industry Seminar Virtual Preventing and Addressing Sexual Harassment and Abuse 26-Nov-24 Advisory meeting Summary of the advisory visit: The advisory was mainly focus on the review of the IP. The factory wants to clear a NC on their portal related to the training of the 10 percent of the workforce in the use of fire- fighting equipment. Due to the massive layoffs in recent years, more than 85% of the workers trained in firefighting were no longer working at the factory in the list I received from them. The factory must ensure that 10% of the workforce is trained in the use of firefighting equipment by a certified trainer. The factory has approximately 3,368 workers and, to comply with the law, it must train at least 337. 22-Nov-24 Bipartite Committee Meeting Meeting with middle management. Factory presented a new staff in the compliance team. EA reviewed the IP plan. Meeting with executives union committee members and PICC members to. discuss freedom of association. Union workers shared their concerns over some factory ‘s Hr. and communication issues. 12-Nov-24 Industry Seminar Workshop on DGI Taxes Calculation Methode 4-Nov-24 Training Emergency Preparedness & Accident Investigation 10-Oct-24 Training Occupational Safety and Health (OSH) 3-Oct-24 Training Virtual Occupational Safety and Health 26-Sep-24 Training Virtual Gender and Prevention of Sexual Harassment (POSH) 18-Sep-24 Industry Seminar Sectorial Policy Workshop on GBVH 9-Sep-24 Training Virtual Gender and Prevention of Sexual Harassment (POSH) 27-Aug-24 Advisory meeting Advisor with top Management with the presence of USDOL. Management explained their concerns regarding the security situation and how it impacts the business. 22-Aug-24 Industry Seminar Virtual Workplace Cooperation & Communication (WCC) 20-Aug-24 Advisory meeting Advisory visit with workers representation on workers concerns. Review of the Improvement plan 17-Jul-24 Training Supervisory Skills Training S-Jul-24 Industry Seminar Virtual Emergency Preparedness 4-Jul-24 Advisory meeting Advisory meeting with management on the remediation. Advisor reviewed and updated the status of the non compliance point. Advisor provided guidance on the Pr1. 15-May-24 Advisory services Meeting with HR officer and compliance officer. Advisor made a presentation on the portal for the new OSH officers. Factory informed about the closure of a building and ongoing issues and requests from trade unions. Advisor recommended dialogue with MAST representative for a smooth transition. 2-Apr-24 Industry Seminar Virtual Supervisory Skills ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment May 2024 May-24 Working Time Overtime Workers in some department work Ensure that workers don't work more than 8 more than 80 hours of overtime 80 hours of overtime during a trimester during a trimester. [page 196] 196 May-24 Working Time Overtime The factory did not received a notice Ensure to receive the authorization before Since The factory submitted a letter to 8 of approval from the Department of performing overtime. the Department of Labor, requesting the Labor prior to performing overtime. authorization for working on Saturday, we've received the approval by the department of labor as requested. May-24 Occupational Safety and Emergency Preparedness The total number of workers trained Ensure that 10 percent of the workforce is 8 Health in fire-fighting is less 10 percent of trained in fire-fighting equipment by a the workforce. certified trainer. May-24 Occupational Safety and Emergency Preparedness The factory does not conduct fire Ensure to conduct one evacuation drill 8 Health drills every 6 months, as every 6 months for all the premises. recommended by Better Work. May-24 Occupational Safety and Emergency Preparedness Obstructed aisles in several areas of Ensure that the aisles remained Management removed the obstruction 78 Health the factory. unobstructed during the working hours. and informed the team to keep the aisles cleared from obstruction during working hours. May-24 Occupational Safety and Emergency Preparedness Locked and unidentified exit doors. Ensure that exit doors are identified and Compliance Officer visited the 18 Health remained open during working hours. warehouse building and noticed three (3) exit doors. Two of them are in condition to remain open during working hours and one of them is a well identified no exit door and remain closed during all working hours. In fact, the authorized front and back exit doors are well opened during working hours and easy to access in case of emergency. In the back of cafeteria, the only one door is now well identified as an exit May-24 Occupational Safety and Emergency Preparedness Evacuation plans are inaccurate and Remark the evacuation routes in the Management remarked the evacuation 78 Health evacuation routes are not properly chemical room. Update the evacuation routes in the chemical room and identified. plan in module 1, 2, and 4. updated the evacuation plan in module 1,2. The module 4 is now closed. May-24 Occupational Safety and Emergency Preparedness Improper maintenance of fire Regularly update the inspection tag as During the assessment visit, the 37 Health extinguishers. each inspection is completed. Ensure the identified fire extinguisher were equipment is properly maintained. replaced, recharged and properly label and management revoked all obstruction to their access. May-24 Occupational Safety and Emergency Preparedness The factory's alarm system was non- Ensure that alarm system is working Management fixed the alarms where 30 Health functional in several sections of the properly in all buildings. they were not properly working. factory. [page 197] 197 May-24 Occupational Safety and Worker Accommodation No fire extinguishers in the Ensure the fire extinguishers in the The fire extinguishers were installed in 18 Health dormitories and outdated evacuation dormitory are properly maintained. all floors of the dormitory. maps May-24 Occupational Safety and Worker Accommodation Exposed electrical wires on the 2nd Ensure that electrical equipment in the The issue was fixed during the 18 Health and 3rd floors observed in the dormitory are properly maintained. assessment visit. dormitory. May-24 Occupational Safety and Health Services and First Aid Less than 10 percent ofthe workforce Ensure that first aid training are performed The Company makes sure that all first 8 Health trained in first aid. by certified trainer. aid trainings are performed by authorized professionals. May-24 Occupational Safety and Health Services and First Aid Expired medicines and missing Ensure that the first aid boxes are The expired medicines were replaced. 8 Health supplies in first aid boxes. regularly checked. May-24 Occupational Safety and Welfare Facilities Soap is not available in several toilets Ensure to provide soap in the toilet. Management provides soap in the 18 Health in several buildings. toilets on a daily basis. Refill are available upon request from the person in charge. May-24 Occupational Safety and Welfare Facilities No paper found in the toilet in Provide paper in the toilet. Paper is now provided in all our toilets 18 Health module 1. and the workers no longer complain about that. COs and FCOs have got the situation under Control May-24 Occupational Safety and Working Environment The temperature levels in all sections Ensure to maintain the temperature level All factories temperature level is now at 31 Health exceeded Better Work's under 30 degree. 30 degrees C. recommended maximum of 30°C. May-24 Occupational Safety and Worker Protection Improperly labeled circuit breakers Label all circuit breakers. Ensure thatthe compliance team the equipment that 8 Health and improper maintenance of electrical installation in the boiler room was blocking the access to the electrical electrical installations. remained free from obstruction. panel. All circuit breakers were also labelled May-24 Occupational Safety and Worker Protection The motor section in the boiler of Ensure that boiler equipment is properly Management team ensured that motor 18 Health module 1 & 2 is covered with metal maintained. cover was made in proper material/ frame and clear plastic. May-24 Occupational Safety and Worker Protection Proper PPE is not provided to all Provide the earplugs for the workers in the Management has provides the earplugs 99 Health workers. compressor room and the safety bell for for the workers in the compressor room the heavy lifting module 1 and warehouse. and the safety bell for the heavy lifting module 1 and warehouse. May-24 Occupational Safety and Chemicals and Hazardous No eye wash stations in several areas Install an eye wash in the chemical floor An eye wash is installed next to the 105 Health Substances where chemicals are used. and everywhere chemical substances are chemical area and another one in the CI Obstructed eye wash station in used. warehouse. module 2. [page 198] 198 May-24 Occupational Safety and Chemicals and Hazardous MSDS are missing for several Have the chemical safety data sheets All chemicals haver their safety data 31 Health Substances hazardous chemicals products. available for all the chemical substances sheets available to all users. used and stored in the workplace. Train the factory compliance officers on chemical management. May-24 Occupational Safety and Chemicals and Hazardous The chemical storage in the back of Ensure that the storage area is equipped 8 Health Substances the cafeteria lacks proper protective with safety data sheets and proper hazard equipment. signs. May-24 Occupational Safety and Chemicals and Hazardous Unlabeled containers of chemical Label and translate the label in the local All the chemical products were labelled, 65 Health Substances products and several chemical language. Train the factory compliance Labels have been translated to the products with labels in a foreign team in chemical management, locals language. language. May-24 Occupational Safety and Chemicals and Hazardous Inaccurate inventory of chemical and Ensure that the inventory of chemicals is The factory updated the inventory with 31 Health Substances hazardous products. accurate and updated on a regular basis. the missing and specify the location. May-24 Compensation Paid Leave Assessors found discrepancies in Pay the holiday based on the average of The Factory has solved the issue of the 8 payrolls from February to April 2024, daily earnings. payroll of holidays which were not paid with holidays not paid at the average on average daily salary to all workers for daily salary. all modules due to the repairing of the system. Assessment May 2023 May-23 Occupational Safety and OSH Management Systems The factory did not submit accident Submit the accidents reports to OFATMA Fixed, the accidents reports are being Health reports to OFATMA on a monthly on a monthly basis. sent to OFATMA on a monthly basis. basis. Company will look for any other alternative in case of non-functioning of the regional offices of OFATMA. May-23 Occupational Safety and Chemicals and Hazardous The inventory of chemicals and Keep the inventory of chemical accurate This issue has been fixed. All chemicals Health Substances hazardous substances was not and ensure it includes that all chemicals are now included in the inventory. The accurate and did not include all used in the workplace. compliance team will maintain close chemicals used in the workplace. 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 and Chemicals and Hazardous Several chemicals and hazardous Ensure to identify and label all chemical in This issue has been resolved, all Health Substances substances without labelling a local language. chemicals are now labelled in a local indicating the classification, hazards language. All workers who use and and safety precautions. handle chemicals now know how to label chemical containers. Compliance Will continue to monitor this situation to prevent this from happening again. [page 199] 199 May-23 Occupational Safety and Chemicals and Hazardous Several hazardous chemicals were Ensure that MSDS are available for all This issue has been fixed, all MSDS are Health Substances found without chemical safety data chemicals used and stored in the now available for all chemicals used and sheets. workplace. stored in our workplace. Periodic inspection will be carried out for compliance to ensure this process. May-23 Occupational Safety and Chemicals and Hazardous The spot cleaning area does not have Repair the vacuum machine that were not This issue has been fixed, all vacuum Health Substances the proper conditions to prevent functioning properly in the spot cleaning. machines are now repaired and in good unnecessary exposure of workers to usable condition. chemicals. May-23 Occupational Safety and Chemicals and Hazardous No eye wash facility in the stock area Install an eye washing facility in the stock This issue has been fixed, an eye wash Health Substances of module 4 and pad paint area of area of module 4 and pad paint area of station has been installed for all areas module 3. module 3 where chemicals are used. were chemical are using the company. May-23 Occupational Safety and Worker Protection The factory did not provide all the Provide the following personal protective This issue has been resolved, all Health necessary personal protective equipment : corresponding PPEs have been issued to equipment to workers to perform -Earplugs for workers in the small workers based what they need to their duties. compressor room module 6 and some perform their job. Inspections will be workers in pressing section module 3 and carried out to replace old PPE with new 4. ones when necessary. - Safety shoes for workers in the boiler room between module 1 and 6. - Safety belt for heavy lifting module 1 and warehouse 1. - Goggjles for workers in welding shop outside module 2 and 4. - Helmet for workers working at height in May-23 Occupational Safety and Worker Protection One pipe with boil water was broken Ensure that proper maintenance is done This problem is fixed, the broken pipe is Health in the boiler between module 3 & 4 on the boiler. removed and replaced with a new one. The maintenance department will periodically inspect and maintain the boiler equipment. May-23 Occupational Safety and Worker Protection The electrical installation was not Ensure that electrical installation is This problem is fixed, all electrical 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 and Worker Protection Assessors observed that one Post the hazard sign on the electrical box. Fixed, the hazard sign has been posted, Health electrical box was missing hazard compliance team and maintenance will sign. periodically conduct inspection to avoid being in non-compliance May-23 Occupational Safety and Working Environment The workplace temperature levels Maintain the temperature in the workplace This problem was fixed, maintenance Health exceeded 30 C in all sections. to a maximum of 30 C. department will keep checking the air cooling system so that the temperature can be stable a of 30 C. [page 200] 200 May-23 Occupational Safety and Working Environment The noise levels Maintain the noise level under 90 db. Health are inadequate in the quality section 93 db. May-23 Occupational Safety and Welfare Facilities Soap and paper were not available in Provide soap and toilet papers in the This problem has been resolved, the Health several toilets. toilets. company has installed new paper dispensers and the quantity delivered daily has also been increased. Likewise for liquid soap. May-23 Occupational Safety and Health Services and First Aid Three first aids boxes in the Ensure that first aid boxes have all This problem has been corrected during Health dormitories are missing items. necessary items. the audit, FCOs and nurses will periodically inspect the first aid kit so that the medicine can be always available. May-23 Occupational Safety and Worker Accommodation Exposed electrical/internet wires on Ensure that the electrical wire was properly This issue was fixed during the audit, all Health all floors. safeguarded. 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 and Worker Accommodation Improper maintenance of fire Ensure that the fire extinguishers in the This problem has been fixed, all fire Health extinguishers in the dormitories. dormitories are properly maintained. 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 dormitories. May-23 Occupational Safety and Emergency Preparedness No smoke detector installed in Install smoke detector where needed. This problem has been corrected. Health module 8 and the packing area of Multiple smoke detectors have been module 6. 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 issue from occurring. May-23 Occupational Safety and Emergency Preparedness Improper maintenance of fire Ensure that fire fighting equipment are This problem has been corrected. In all Health extinguishers in the factories. maintained in a regular basis and checked factories, the compliance team insists everyday. that fire extinguishers are checked twice a day rather than once a week. [page 201] 201 May-23 Occupational Safety and Emergency Preparedness The stock area of module 4needsto Ensure that stock area of module 4 is This issue has been resolved. The floor Health be remarked; the evacuation plans remarked and all aisles remained was re-marked, and the maintenance need to be updated and replaced in obstructed. Ensure that all evacuation are department will continue to review it. various areas. accurate. Any changes will be re-marked immediately according to the plant layout. May-23 Occupational Safety and Emergency Preparedness The floor of module 8 did not have Ensure that exit doors are properly This issue has been corrected. All exit Health any door identified as an exit. identified. 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 and Emergency Preparedness The aisles in the packing section of Ensure that the aisles in the packing This problem has been corrected. All Health module 2, 3 and the warehouse were section remained unobstructed in packing aisles have been cleared of obstructions. obstructed. section of module 2,3. The compliance team will conduct new training sessions on the importance of keeping evacuation routes clear. May-23 Occupational Safety and OSH Management Systems The management has not posted Post the names of OSH committee Fixed, all the names with picture of the Health names of OSH committee members. : members. OSH committee members are posted on allthe floors. May-23 Occupational Safety and OSH Management Systems The emergency preparedness Ensure that the emergency preparedness The procedures is in place and this Health procedure does not include all the procedure include: content all mentioned elements. À copy necessary elements. Evacuating employees to a designated of this will be sent to Better Work so that assembly location, and this issue can be marked as corrected. - Accounting for all employees after an evacuation. May-23 Occupational Safety and OSH Management Systems The OSH policy does not include all Ensure that the OSH policy includes Compliance is working on developing a Health the necessary elements. measurable objectives and improvements procedure which will include all missing targets and was not developed through parts. consultation with workers representatives. [page 202] 202 BETTER WORK HAITI - 28TH SYNTHESIS REPORT ., Factory: Sewinq International S.A. Supplier ID 33 Location: Port-au-Prince Number of workers: 1,480 Date of registration: Oct-09 Date of last two Sep-23 Aug-24 Better Work Advisory and Training Services 26-Nov-24 Advisory meeting Meeting the Compliance team and HR to review the last assessment report and session on Better work portal. 22-Aug-24 Industry Seminar Virtual Workplace Cooperation & Communication (WCC) S-Jul-24 Industry Seminar Virtual Emergency Preparedness 11-Apr-24 Advisory services Session on HR management systems and training monitoring plan. Review and validate pending issues on the improvement plan. 19-Mar-24 Industry Seminar Virtual Workers" Rights & Responsibilities 27-Feb-24 Industry Seminar Virtual Preventing and Addressing Sexual Harassment for Supervisory 25-Jan-24 Advisory meeting Virtual meeting to develop the training plan, session on OSH and HR performance Indicators. Review the last assessment findings to identified the root causes. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment August 2024 Aug-24 Occupational Safety and OSH Management Systems The OSH policy was not developed through Develop the OSH policy in consultation with 37 Health consultation with workers representatives does workers and Include: A clear commitment to not include all the necessary elements. continued improvement aimed at elimination of work related injury and illness.- Measurable objectives and improvements targets. Aug-24 Occupational Safety and OSH Management Systems The factory does not have a hazard/risk Develop a hazard/risk management and 37 Health management and control procedure. control procedure that includes:- A systematic approach to identifying hazards. Aug-24 Occupational Safety and OSH Management Systems The factory does not have a proper accident Develop an accident investigation procedure 37 Health investigation procedure. that includes: Root cause analysis and Focus on sustainable solutions. Aug-24 Occupational Safety and OSH Management Systems Management did not show evidence of:- regular Perform regular review of effectiveness of 37 Health review of OSH management systems. management system including performance on measurable objectives and targets. Ensure that accident investigations are followed by an actual change in procedures. Aug-24 Contracts and Human Employment Contracts The factory has grievance handling and dispute Review the procedure and include clear 37 Resources resolution procedures does not include all the options for submitting grievances and necessary elements. disputes that ensure anonymity and non- retaliation. Aug-24 Contracts and Human Employment Contracts The factory's disciplinary and termination Include the following steps in the procedure:- 37 Resources procedures do not include all the necessary The right to representation during elements. disciplinary processes;- Legal notice periods and termination payments. [page 203] 203 Aug-24 Working Time Overtime The factory did not obtain prior authorization Request authorization. to work on Sunday 5 from MAST before working on Sunday. and Overtime. Aug-24 Working Time Overtime The assessors were unable to verify whether Keep an accurate punch system 5 overtime exceeded 80 hours in one trimester due to inaccuracies in the punch system. Aug-24 Working Time Overtime The factory did not obtain prior authorization Request prior authorization from MAST to 5 from MAST to perform overtime. perform overtime. Aug-24 Working Time Regular Hours Inaccurate punch system. Factory does not have Have an accurate punch system for all 5 a reliable attendance system for the temporary categories of workers. workers. Aug-24 Working Time Regular Hours The working hours are not posted on the floor. Post a document that display the working Management has posted the 5 hour. document in all building. Aug-24 Occupational Safety and Emergency Preparedness Several aisles were obstructed by boxes and The management and the health and safety 5 Health sewing tables in almost all the buildings. officer plan to do a session training for the employees. Aug-24 Occupational Safety and Emergency Preparedness The assessors notice that one fire extinguisher in Conduct the inspection of fire extinguishers Management plan to conduct 5 Health building 5 did not have sufficient pressure . on a regular basis. monthly inspection. Aug-24 Occupational Safety and Health Services and First Aid Expired medicines found in first aid boxes. Develop a regulation on the medicines that We are going to develop and Health are used in the workplace. share a procedure and we will do a weekly inventory. Aug-24 Occupational Safety and Health Services and First Aid Insufficient number of nurses. Hire additional medical staff. 121 Health Aug-24 Occupational Safety and Health Services and First Aid Annual medical checks are not in line with the Pay the CDS and ensure that workers 5 Health legal requirements. received free medical checks, based on the requirements of the labor code. Aug-24 Occupational Safety and Health Services and First Aid The workers exposed to work related hazards Pay the CDS and ensure that workers 5 Health received free medical checks. However, they are received free medical checks, based on the not in line with the legal requirements. requirements of the labor code. Aug-24 Occupational Safety and Health Services and First Aid Medical checks are provide to workers within the Pay the CDS and ensure that workers 5 Health first 3 months of hiring. However, but they are received free medical checks, based on the not in line with the legal requirements. requirements of the labor code. AUg-24 Occupational Safety and Welfare Facilities Insufficient number of toilets for men and Increase the number of toilets. 131 Health women. Aug-24 Occupational Safety and Working Environment The that spot cleaning area is very cluttered and Develop a housekeeping plan. A daily supervision on the 5 Health poorly arranged. housekeeping will be done by the Health and safety team. Aug-24 Occupational Safety and Working Environment The lux level is below Better Work recommended Take action to increase the lux level in the 14 Health limit. workplace such as installing LED light. [page 204] 204 Aug-24 Occupational Safety and Working Environment Temperature level exceed Better Work Take action to reduce the temperature such 115 Health recommended limit of 30 C. as opening in the roof, water curtain, additional fans, or cooling systems. Aug-24 Occupational Safety and Worker Protection During the factory tour, assessors noticed that Install insulation cover on the battery Management plan to have a 5 Health the battery terminals in the generator are not terminals. monthly meeting with the properly protected. maintenance team. Aug-24 Occupational Safety and Worker Protection 10 percent of the sewing machine missing eye Develop a maintenance plan 5 Health guards. Aug-24 Occupational Safety and Chemicals and Hazardous Eye wash station is obstructed by boxes in one Keep the workplace clean and unobstructed A daily supervision on the 5 Health Substances building. during working hours. housekeeping will be done by the health and safety team. Aug-24 Occupational Safety and Chemicals and Hazardous No chemical safety data sheets for the coolant Keep MSDS for all products used in the Management has developed a 5 Health Substances stored in the generator room. workplace and provide training to workers. training plan. Aug-24 Occupational Safety and Chemicals and Hazardous Chemical and hazardous products found Define an appropriate place to stored 5 Health Substances inappropriately stored in the generator room. chemicals. Aug-24 Occupational Safety and Chemicals and Hazardous Improperly labeled chemical and hazardous Define who control the chemical container 37 Health Substances products found in the workplace. on receipt from supplier and control the label. Aug-24 Occupational Safety and OSH Management Systems The employer was not able to provide the Request a structural safety certificate from 13 Health required structural safety certificate. the city council or a certified engineering firm to validate the safety of the building. Aug-24 Compensation Social Security and Other The employer did not forward 3 percent of Forward 3 percent of workers 'salary to 53 Benefits workers 'salary to OFATMA for work-related OFATMA for work-related accident insurance accident insurance on time. on time. Aug-24 Compensation Paid Leave The weekly rest day payment is not calculated Discuss legal requirements with the General 5 based on the average daily earnings. Manager and calculate the weekly rest day payment based on worker's average daily earnings. Aug-24 Compensation Paid Leave The annual leave payment is not calculated Discuss legal requirements with the General 13 based on worker's average daily earnings. Manager and calculate the annual leave payment based on worker's average daily earnings. Aug-24 Compensation Wage Information, Use and The current punch system used by the company Maintain an accurate time records for all 5 Deduction is unreliable, leading to inaccurate payroll employees. records. Assessment September 2023 Sep-23 Occupational Safety and OSH Management Systems The OSH policy did not establish measurable Develop a policy in consultation with worker Health objectives and improvement targets and was not representatives. Establish measurable developed in consultation with workers and their objectives and periodically monitor and representatives. review the policy. [page 205] 205 sep-23 Occupational Safety and OSH Management Systems The factory does not have a hazard/risk Develop a hazard/risk management and Health management and control procedure. control procedure that includes:- A systematic approach to identifying hazards. Sep-23 Occupational Safety and OSH Management Systems The factory does not have a proper accident Develop an accident investigation procedure Health investigation procedure. that includes: Root cause analysis and Focus on sustainable solutions. Sep-23 Occupational Safety and OSH Management Systems Management did not show evidence of: Regular … Review the procedure to include Health management review of performance on performance on measurable objectives and measurable objectives and targets. targets. Sep-23 Contracts and Human Employment Contracts The grievance procedure does not include clear Review the procedure and include clear Resources options for submitting grievances and disputes options for submitting grievances and that ensure anonymity and non-retaliation. disputes that ensure anonymity and non- retaliation. Sep-23 Contracts and Human Employment Contracts The disciplinary procedures do not include: The Include the following steps in the procedure:- Resources right to representation during disciplinary The right to representation during processes and Legal notice periods and disciplinary processes;- Legal notice periods termination payments. and termination payments; Sep-23 Occupational Safety and Emergency Preparedness Several evacuation routes were obstructed by Develop a procedure when conducting The compliance officer and the Health boxes and sewing tables. general inventory. Ensure that aisles remain health and safety auxiliaries are unobstructed. in charge of the daily weekly checks. Sep-23 Occupational Safety and Emergency Preparedness During the assessment visit, assessors observed Identify area where combustible materials Area where combustible Health that there were no smoke detector in the are stored. materials are stored have been compressor room. identified. Sep-23 Occupational Safety and Health Services and First Aid Insufficient medical staff. Hire additional medical staff. Health Sep-23 Occupational Safety and Welfare Facilities Insufficient number of toilets. - Increase the number of toilets Health Sep-23 Occupational Safety and Working Environment The floor is neither clean nor tidy, andthereisa Develop a preventive maintenance plan. The auxiliary of health and Health water leak from the toilet. safety is in charge to conduct some regular inspection. Sep-23 Occupational Safety and Working Environment The lux level is below Better Work recommended Take action to increase the lux level in the Health limit. workplace such as installing LED light. Sep-23 Occupational Safety and Working Environment Temperature level exceed Better Work Take action to reduce the temperature such Health recommended limit of 30 C in building 1,2,3,4. as opening in the roof, water curtain, additional fans, or cooling systems. Sep-23 Occupational Safety and Worker Protection Several chairs were in very poor condition. Provide chairs in good conditions in all The chairs have been replaced Health Several were missing their back rests. sectionsDevelop a monitoring plan by new ones and the factory has developed a monitoring plan. [page 206] 206 Sep-23 Occupational Safety and Chemicals and Hazardous During the evaluation visit, the assessors noticed Provide eye wash bottles and cleansing Eye wash bottles and cleaning Health Substances that some eye wash stations were missing their materials materials have been provided to water bottle. workers. The compliance officer and the auxiliaries of health and safety will conduct regular checks. Sep-23 Occupational Safety and Chemicals and Hazardous During the evaluation visit, assessors noticed Define who control the chemical container the compliance officer is in Health Substances that a tank of diesel was not properly identified. on receipt from supplier and control the charge of the labelling and the label. mechanic team has the responsibility to pour them. AIl the containers are labelled. Sep-23 Occupational Safety and OSH Management Systems The employer was not able to provide the Request a structural safety certificate from Health required structural safety certificate. the city council or a certified engineering firm to validate the safety of the building. Sep-23 Contracts and Human Termination The employer compensates workers for unused Discuss legal requirement with the General Resources paid annual leave upon termination. However, Manager. Ensure the calculation for unused the calculation is not based on the average of paid annual leave upon termination is based daily earnings. on the average daily earnings. Sep-23 Compensation Social Security and Other The factory did not share any proof that last Keep records of workers" pay slip sent to Workers' pay slip are sent to Benefits workers' pay slip was sent to OFATMA for sick OFATMA for sick leave and maternity leave OFATMA on a regular basis. leave and maternity leave payment. payment. Sep-23 Compensation Social Security and Other The employer collects and forward the workers' Forward workers" contribution to OFATMA Benefits contribution to OFATMA. However, the payment on time as required by law. Contributions to were made late consistently. OFATMA should be submitted within the first 10 working days of the subsequent month. Sep-23 Compensation Social Security and Other The employer consistently paid the required Forward employers' contribution to ONA on Benefits employers' contribution to ONA late. time as required by law. Contributions to ONA should be submitted within the first 10 working days of the subsequent month. Sep-23 Compensation Social Security and Other The employer pays employers' contribution to Forward employers' contribution to OFATMA Benefits OFATMA. However, the payment were made late on time as required by law. Contributions to consistently. OFATMA should be submitted within the first 10 working days of the subsequent month. Sep-23 Compensation Social Security and Other The employer forwards the workers" Forward workers’ contribution to ONA on Benefits contribution to ONA consistently late. time as required by law. Contributions to ONA should be submitted within the first 10 working days of the subsequent month. Sep-23 Compensation Social Security and Other The employer did not forward 3 percent of Forward 3 percent of workers 'salary to Benefits workers 'salary to OFATMA for work-related OFATMA for work-related accident insurance accident insurance on time. on time. [page 207] 207 Sep-23 Compensation Paid Leave The annual leave payment is not calculated Discuss legal requirements with the General based on worker's average daily earnings. Manager and calculate the annual leave payment based on worker's average daily earnings. Sep-23 Compensation Overtime Wages A review of the payroll showed that the overtime Pay overtime hours to all workers as Overtime hours are paid to all hours were not registered for the supervisors required by law. workers as required by law. and the non-production workers such as mechanics and administrative staff. Sep-23 Compensation Overtime Wages A review of the payroll showed that the overtime Pay overtime hours to all workers as Overtime hours are paid to all hours were not registered for the supervisors required by law. workers as required by law. and the non-production workers such as mechanics and administrative staff. [page 208] 208 BETTER WORK HAITI - 28TH SYNTHESIS REPORT nes Factory: Superior Sourcing Supplier ID 3279 Location: Ouanaminthe Number of workers: 1,639 Date of registration: Jan-20 Date of last two Better May-23 May-24 Work assessments: Advisory and Training Services 15-Nov-24 Industry Seminar ToT Training on Core Labor Standards 15-Nov-24 Advisory meeting Conduct OSH tour to validate pending issues. Bipartite meeting on accomplishment of the committee. Documentation review file of terminated workers and payroll. 13-Nov-24 Industry Seminar Workshop on DGI Taxes Calculation Methode 12-Nov-24 Industry Seminar Workshop on DGI Taxes Calculation Methode 7-Nov-24 Industry Seminar ToT Training on Compensation and Working Time 6-Nov-24 Industry Seminar Industrial Relations 5-Nov-24 Industry Seminar Hazard Risk Management and Control Training 31-Oct-24 Industry Seminar ToT Training on HR and Contract 30-Oct-24 Industry Seminar General ToT Training 19-Jul-24 Industry Seminar Bipartite Committee 11-Jul-24 Training Risk Management and Control 11-Jul-24 Industry Seminar Chemical Management System 11-Jul-24 Advisory meeting Training on Risk Assessment, OSH tour to validate pending issues in the portal . Then, meeting with management on compensation. 5-Jul-24 Industry Seminar Virtual Emergency Preparedness 10-Apr-24 Industry Seminar Virtual Preventing and Addressing Sexual Harassment for Workers 10-Apr-24 Industry Seminar Virtual Preventing and Addressing Sexual Harassment for Workers 2-Apr-24 Industry Seminar Virtual Supervisory Skills 1-Apr-24 Advisory meeting Virtual meeting with the Compliance coordinator to explain the implications and changes that should be made in the factory payroll following the 3*8 law which is no longer in application, Follow-up on the training plan, session on the training monitoring plan. and OSH key performance indicators. 27-Mar-24 Industry Seminar Virtual Supervisory Skills 26-Mar-24 Industry Seminar Virtual Supervisory Skills 19-Mar-24 Industry Seminar Virtual Workers' Rights & Responsibilities ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment May 2024 May-24 Occupational Safety and OSH Management The employer does not properly Develop OSH performance indicators and 52 Health Systems investigates monitors and measures have follow-up meetings with OSH issues management on the indicators [page 209] 209 May-24 Contracts and Human Employment Contracts The factory's disciplinary and Include the right to defend oneself prior 52 Resources termination procedures does not to termination and to representation include all the necessary steps. during the disciplinary process. May-24 Working Time Overtime The factory did not obtain Request prior authorization from MAST 8 authorization from MAST before before working on overtime. working on overtime. May-24 Working Time Overtime Several workers were found to have Inform all the department about the limit 8 completed more than 80 hours of overtime allow per trimester. Monitor overtime per trimester. the quantity of overtime hours worked with Production. May-24 Working Time Overtime The factory did not obtain Request prior authorization from MAST 8 authorization from MAST before before working Saturday and Sunday. working on Saturday and Sunday. May-24 Working Time Regular Hours The factory did not obtain Request prior authorization from MAST 8 authorization from MAST before before working at night. working at night. May-24 Working Time Regular Hours The employer did not post the Post the factory's working hours for all 8 factory's working hours for all shifts, shifts, including break time in all including break time in all buildings. buildings. May-24 Working Time Regular Hours The regular daily or weekly hours Discuss legal requirements with the 8 exceed the legal limit. General Manager. make updates to the internal regulations and the employment contract May-24 Occupational Safety and Emergency Preparedness Less than 10 percent of workers are Train at least 10 percent of the 8 Health trained in fire-fighting as workforce recommended by Better Work. Develop a Monitoring system May-24 Occupational Safety and Emergency Preparedness Source of ignition is not properly Train supervisors and workers about fire 21 Health safeguarded. hazards and the need to report hazards. May-24 Occupational Safety and Emergency Preparedness The floors need to be marked. In Update the evacuation map and Paint 52 Health addition, the evacuation plan needs yellow lines on the floor to show the exit to be updated. pathway. May-24 Occupational Safety and Emergency Preparedness Fire extinguishers were obstructed Mark on the floor space that should not 52 Health and another one was missing. be obstructed. [page 210] 210 May-24 Occupational Safety and Emergency Preparedness The fire detection alarm system is not Have a fire detection and alarm system 8 Health functioning and one alarm switch was suitable for the factory conditions. Specify obstructed. who is in charge of regularly checking its functioning and include this in the system of daily-weekly checks. May-24 Occupational Safety and Health Services and First First aids boxes are missing several Equip first aid box and define 8 Health Aid items. Additionally, one first aid box responsibility for refilling. was obstructed. May-24 Occupational Safety and Health Services and First insufficient number of medical staff. Increase the number of medical staff. 52 Health Aid May-24 Occupational Safety and Welfare Facilities The toilets did not have soap during Provide soap dispenser and define who 21 Health working hours. will check that soap is available all the time. May-24 Occupational Safety and Welfare Facilities Insufficient number of toilets. Increase the number of toilets based on 52 Health the quantity of workers as required by law. May-24 Occupational Safety and Working Environment Workplace temperature exceed the install additional fans and specify who is 52 Health recommended limit of 30C. in charge of regular maintenance of the fans. May-24 Occupational Safety and Worker Protection During the factory tour, assessors Provide chairs with back rest. 8 Health found 17 chairs missing back rest. May-24 Occupational Safety and Worker Protection Improperly labelled circuit breakers Labelled all circuit breakers. Ensure that 21 Health found in three electrical boxes. the factory electrician conduct more regularly checks. May-24 Occupational Safety and Worker Protection 10 percent of the single-needle and Install all machine guards and develop a 8 Health double needle machines were preventive maintenance plan. missing their finger guards. May-24 Occupational Safety and Worker Protection The employer did not provide proper Provide worker proper PPE for heavy 8 Health PPE for heavy lifting. lifting. May-24 Occupational Safety and Chemicals and Hazardous Assessors did not observe any eye Provide eye wash bottles and specify who Management took corrective 8 Health Substances wash in the compressor room, where will conduct regular checks of the action during the assessment. chemicals has been used. functioning of the eyewash. May-24 Occupational Safety and Chemicals and Hazardous No MSDS' were available for several Keep chemical MSDS for all hazardous 52 Health Substances chemical products used in the chemicals used in the workplace. workplace. May-24 Occupational Safety and Chemicals and Hazardous Unlabeled containers of chemical and Define who control the chemical 52 Health Substances hazardous products found in several container on receipt from supplier and areas of the workspace. control the label. [page 211] 211 May-24 Occupational Safety and Chemicals and Hazardous The chemical inventory does not list Assign responsible persons for updating 52 Health Substances allthe products used in the inventories of hazardous substances in workplace. the various locations where they are stored or used. May-24 Occupational Safety and OSH Management The factory does not have an OSH 1. Change the composition of the 8 Health Systems committee. committee 2. Conduct regular meeting 3. Keep minutes of meetings May-24 Contracts and Human Termination The annual salary supplement or Pay workers their annual salary 8 Resources bonus did not include payment for supplement or bonus upon termination weekly rest day, and include payment for weekly rest day in the calculation. May-24 Contracts and Human Termination The average salary used for the Pay workers their annual leave when they 8 Resources payment of unused annual paid leave resign or terminated and include upon termination does not include payment for weekly rest day in the the payment for weekly rest day. calculation. May-24 Contracts and Human Termination The average salary used to do the Pay workers their notice of termination 8 Resources calculation of the notice of when they resign or terminated and termination payment is not accurate. include payment for weekly rest day in the calculation. May-24 Contracts and Human Employment Contracts The Internal work rules Has not been Request Approval of the internal work 52 Resources approved by MAST. rules from MAST. May-24 Compensation Social Security and Other Workers' pay slip for the last 3 Send workers pay slip for the last 3 52 Benefits months are not sent to OFATMA for months to OFATMA for sick leave and payment of sick and maternity leave. maternity leave payment. May-24 Compensation Social Security and Other The factory does not collect and Calculate workers" contribution to 52 Benerfits forward workers contributions to OFATMA on Workers' basic salary. Then OFATMA for maternity and health collect and forward the contribution to insurance. OFATMA within the first 10 business days of the next month for the previous month May-24 Compensation Social Security and Other Employer's contributions to ONA are Calculate employer's contribution to ONA 52 Benerfits based on the minimum salary. on Workers' basic salary. Then forward the contribution to ONA within the first 10 business days of the next month for the previous month. May-24 Compensation Social Security and Other The employer's contribution for Calculate employer's contribution to 52 Benerfits OFATMA for maternity and health OFATMA on Workers' basic salary. Then insurance is made late. forward the contribution to OFATMA within the first 10 business days of the next month for the previous month. [page 212] 212 May-24 Compensation Social Security and Other Workers' deductions for ONA are Calculate workers’ contribution on 52 Benerfits based on the minimum salary. Workers' basic salary. Then forward the contribution to ONA within the first 10 business days of the next month for the previous month. May-24 Compensation Paid Leave Holidays are not paid on average Make adjustments in the Payroll system. 52 daily salary to all workers. Pay holidays on average daily salary to all workers. May-24 Compensation Paid Leave The weekly rest day is not paid to Pay the rest day when worker works for 8 workers who have accumulated 48 48 hours or 6 consecutive days. hours during the work week. May-24 Compensation Paid Leave The factory only paid 6 weeks of Pay the weekly rest day when worker 52 maternity leave where workers are works for 48 hours or 6 consecutive days entitled to 12 weeks of payment. and include the payment in the calculation of the average salary for maternity leave. The factory must ensure that worker entitled to maternity leave receives 12 weeks of payment. May-24 Compensation Paid Leave Payment of sick leave is not accurate. Pay the rest day when worker works for 8 48 hours or 6 consecutive days and include the payment in the calculation of the average salary for sick leave. May-24 Compensation Wage Information, Use The overtime hours were not Register hours of overtime for the 8 and Deduction registered for several workers on fix supervisors, workers on fix salary and the salary. non-production workers such as administrative staff. Then, pay overtime hours worked as required by law. May-24 Compensation Overtime Wages Assessors noted that overtime Make adjustments in the payroll system 8 performed on weekly rest day were and ensure that overtime work hours pay 50 percent above the normal performed beyond 6 PM for day shift are overtime wage. paid 100 percent above normal wage May-24 Freedom of Association Collective Bargaining Several articles of the collective Implement all provisions of the collective 21 and Collective Bargaining bargaining agreement are not agreement. implemented. Assessment May 2023 May-23 Occupational Safety and OSH Management the OSH policy was not developed in The factory should discuss the policy with 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 [page 213] 213 May-23 Occupational Safety and OSH Management No. The factory has not posted The factory needs to post the names of all 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 and OSH Management The employer does not properly Management needs to: Perform regular 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: 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 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. 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 6 weeks before giving birth. send pregnant workers on maternity leave six weeks before delivery May-23 Occupational Safety and Emergency Preparedness Obstructed aisles in several areas of The factory should make sure that aisles The factory corrected the issue. Health the workplace and evacuation routes remain However, a visit is required to unobstructed at all times during work make sure that the improvement hours. Training should be provided to is consistent. production managers and supervisor about the dangers of obstructed aisle May-23 Occupational Safety and Emergency Preparedness Fire drills are not conducted every six Fire drills should be conducted every six The factory conducted a fire drill in Health months, as recommended. months, as recommended. July. They should schedule another drill for January 2024. May-23 Occupational Safety and Emergency Preparedness The assessors noticed a light bulb Workers should be trained in fire safety, The factory took measure to Health wrapped with fabric in plotter area. let them know about the dangers this correct the issue. They have action present. Factory can analyze to charging station available for install phone charging stations for workers to charge their phones. workers. [page 214] 214 May-23 Occupational Safety and Emergency Preparedness The evacuation plan did not reflect Update the evacuation map to reflectthe Evacuation plan has been Health the actual layout of the floor in layout of the floor and mark the arrows updated. Evidence has been building 3. In addition, the evacuation to show the emergency routes. shared. arrow does not lead to emergency exit. May-23 Occupational Safety and Emergency Preparedness Unidentified fire extinguishers found The factory should assign a person or Health 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 and Health Services and First Insufficient number of workers The factory should provide first aid Factory has train new workers on Health Aid trained in first aid training to at least 10% of workforce as September and October, evidence recommended. has been sent May-23 Occupational Safety and Health Services and First Insufficient number of medical Staff. The factory needs to increase the number The factory has its onsite medical Health Aid of nurses and add 1 medical visit at least facility and staff. Evidence has 3 times per week. been shared. There is only one nurse May-23 Occupational Safety and 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 Health Aid workers exposed to work-related provide medical checks twice a year for workers who received the tests hazards. workers who are exposed to work related was sent by the factory. However hazards or chemical products. The factory further investigation is needed to can also request such medical checks verify if the workers received the from OFTAMA when they are contributing test. to OFATMA maternity and health insurance and pay regularly. May-23 Occupational Safety and Welfare Facilities The employer does not have its own 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. May-23 Occupational Safety and Welfare Facilities The water test is not conducted on a The factory should establish a policy to The water test was conducted on. Health monthly basis by a certified test the drinking water on a monthly Factory will continue with monthly laboratory. basis. They should conduct the water test basis by a certified laboratory. on a monthly basic. Water samples should be gathered at the exit source. [page 215] 215 May-23 Occupational Safety and Welfare Facilities Insufficient number of toilets. The factory should discuss with the park's Health administration to see how they can increase the number of toilets for women. May-23 Occupational Safety and Welfare Facilities Assessors noticed that soap was not The factory should designate a person or The factory took measures to Health available during the assessment visit persons to regularly check the bathroom always have soap in stock. They in men toilets of building 3. for cleanliness and to make sure that have a person who is responsible supplies are always available for the to verify the toilets periodically. workers. May-23 Occupational Safety and Working Environment Workplace temperature exceed the The factory should ensure that the 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 and Worker Protection Unidentified circuit breakers found Circuit breakers should be inspected Health in building 3. regularly to make sure that they are properly identify and maintained. May-23 Occupational Safety and Chemicals and Hazardous The employer did not take any action The employer should take actions to limit Health 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 and Chemicals and Hazardous No MSDS' were available for several Have MSDS in all places where chemical Issue was addressed. MSDS and Health Substances chemical products used in the and hazardous products are used and label has been added to al workplace. stored. chemical products. Evidence has been shared. May-23 Occupational Safety and Chemicals and Hazardous Unlabeled containers of chemical and The factory should a dedicated a person Health Substances hazardous products found in several or persons to be responsible to keep, areas of the workspace. update and manage their the chemical inventory. The person should keep track of the chemical containers to ensure that they are properly labelled. May-23 Occupational Safety and Chemicals and Hazardous The chemical inventory does not list The factory should a dedicated person to Chemical inventory is now Health Substances allthe products used in the be responsible to keep and update the accurate and updated. Verification workplace. chemical inventory system. A done 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 Association Collective Bargaining Several articles of the labor code are The unions should work with CODEVI to not implemented. review the collective bargaining agreement and to work on an implementation plan for the articles that are not currently being implemented. [page 216] 216 May-23 Compensation Social Security and Other The factory is not registered with he factory needs to register for OFATMA Benerfits OFATMA for maternity and health maternity and health insurance as insurance. The employer does not required by law. The factory need to pay 3% of workers" basic salary to contribute 3% of workers basic/ average OFATMA. daily salary to 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, 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 Benerfits OFATMA for maternity and health maternity and health insurance as insurance. The factory does not required by law. The factory need to collect and forward the workers" contribute 3% of workers basic/ average contribution to OFATMA. daily salary to OFATMA. Contributions should be submitted monthly, with the first 10 working of the current month, for the previous month's payment. May-23 Compensation Social Security and Other The employer does not forward ONA payment should be made on time, Benerfits 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 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. [page 217] 217 May-23 Compensation Social Security and Other The factory is affiliated with OFATMA The factory needs to pay OFATMA for Benerfits for work related accident and the work related accident on time, including factory has not completed the the CDS payment. If there is an payment for the fiscal year 2021- agreement with OFATMA, the factory 2022. should keep a 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 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 maternity leave where workers are for OFATMA Maternity and health entitled to 12 weeks of payment. insurance 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. [page 218] 218 BETTER WORK HAITI - 28TH SYNTHESIS REPORT : Factory: Top Choice Apparel Corp 3275 Location: Ouanaminthe Number of workers: 1,927 Date of registration: Jan-20 Date of last two Better May-23 May-24 Work assessments: Advisory and Training Services 21-Nov-24 Advisory meeting Conduct OSH tour on chemical management . Then meet the newly bipartite committee and meeting with Management on dismissal of trade union leader. 15-Nov-24 Industry Seminar ToT Training on Core Labour Standards 14-Nov-24 Industry Seminar Bipartite Committee 13-Nov-24 Industry Seminar Workshop on DGI Taxes Calculation Methods 12-Nov-24 Industry Seminar Workshop on DGI Taxes Calculation Methods 7-Nov-24 Industry Seminar ToT Training on Compensation and Working Time 6-Nov-24 Industry Seminar Industrial Relations 5-Nov-24 Industry Seminar Hazard Risk Management and Control Training 31-Oct-24 Industry Seminar ToT Training on HR and Contract 30-Oct-24 Industry Seminar General ToT Training 15-Jul-24 Advisory meeting Factory Visit 3 1) OSH tour to verify and validate pending issues in the portal 2) Management meeting to review the last assessment report 3) Follow up on the first progress report. 10-Apr-24 Industry Seminar Virtual Preventing and Addressing Sexual Harassment for Workers 2-Apr-24 Advisory meeting Virtual meeting with the HR staff and OHS officer to: Explain the implications and changes that should be made in the factory payroll following the 3*8 law which is no longer in application, Follow-up on the training plan, and conduct a session on the training monitoring plan. 19-Mar-24 Industry Seminar Virtual Workers' Rights & Responsibilities 15-Mar-24 Industry Seminar Virtual Workers' Rights & Responsibilities 4-Mar-24 Advisory meeting Advisory visit with the HR manager and assistant manager to Explain BWH cycle and to review some of the policies that HR should focus on for the next 2 months. 22-Feb-24 Bipartite Committee Virtual Advisory visit to discuss: meeting Training Plan with members of Bipartite committee Review Improvement plan 22-Feb-24 Advisory meeting Virtual Advisory visit to discuss the training plan with members of Bipartite committee. Meeting with the compliance team to review pending issues in the Improvement plan. Conducted a video tour to verify some OSH issues. [page 219] 219 ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment May 2023 May-24 Contracts and Human Employment Contracts The factory does not have an Develop a grievance handling and dispute 47 Resources appropriate grievance handling and resolution procedures that includes dispute resolution procedures. communication of changes made or resolution, fair review and appeal process. May-24 Contracts and Human Employment Contracts The factory does not have an Develop a recruitment procedure that 47 Resources appropriate recruitment procedure. includes: Hiring criteria that are applied equally to all job applicants. May-24 Contracts and Human Employment Contracts The factory does not a have Include in the procedure a clear 47 Resources disciplinary and termination specification of unacceptable behaviors or procedure. performance. May-24 Contracts and Human Employment Contracts The employer does not properly Develop an HR system performance 47 Resources investigate violations of HR policies indicator. Investigate violations of HR and procedures policies and procedures and review the procedures accordingly. May-24 Contracts and Human Employment Contracts The employer does not adequately Communicate and implement HR policies 47 Resources communicate and implement HR through : Induction training for workers policies. and staff. Conduct staff training on how to carry out policies and procedures. May-24 Contracts and Human Employment Contracts The HR policy that defines Translate the document in local language. 47 Resources accountability and responsibility for HRissues to HR staff is in Spanish. May-24 Contracts and Human Employment Contracts The factory does not have an HR Develop an HR policy that is signed by top 47 Resources policy that is signed by top management and includes: management and includes all the - Mandatory minimum age requirements necessary elements. - Non-utilization of child labor - Equal treatment and non- discrimination - Prevention of sexual harassment - Legal requirements in relation to termination - Freedom of association May-24 Working Time Leave The factory did not provide 15 days of Provide 15 days of annual leave to all 8 annual leave to all workers. mechanic workers. May-24 Working Time Overtime The factory did not obtain prior Request prior authorization from MAST 8 authorization from MAST before before working on overtime. working on overtime. [page 220] 220 May-24 Occupational Safety and OSH Management Systems The employer does not investigates, Conduct regular meeting with 47 Health monitor and measures OSH issues. management to define and review Occupational safety target and performance. May-24 Occupational Safety and Emergency Preparedness Less than 10 percent of workers were Train at least 10 percent of workers in fire- 47 Health trained in fire-fighting equipment. fighting equipment. May-24 Occupational Safety and Emergency Preparedness Sources of ignition are not properly Inform workers about fire hazards and 8 Health safeguarded. the need to report hazards for correction. May-24 Occupational Safety and Emergency Preparedness Fire drills are not conducted on twice Conduct at least 2 emergency drill per 47 Health a year as recommended by Better calendar year. Work. May-24 Occupational Safety and Emergency Preparedness Obstructed aisles in the sewing areas. Provide additional space for storing The tables and boxes have 21 Health goods and ensure that aisles are not been removed. obstructed. May-24 Occupational Safety and Emergency Preparedness One exit door was lock during work Provide instructions not to close the exit Management issued 8 Health hours. door in case of fire. instructions and all the exit doors remain unlocked during working hours. May-24 Occupational Safety and Emergency Preparedness The floor needs to be repainted and Update the evacuation map in Top choice The evacuation plan has been 8 Health evacuation maps need to be updated. 3- Paint evacuation arrows and signs in updated and the floor has Top Choice 2. been remarked. May-24 Working Time Overtime Several workers accumulated more Ensure that overtime worked per 8 than 80 hours overtime during a trimester is less than 80 hours. trimester. May-24 Occupational Safety and Emergency Preparedness Several fire extinguishers were not Provide adequate firefighting equipment 47 Health properly maintained. and ensure regular maintenance. May-24 Working Time Overtime The factory did not obtain prior Request prior authorization from MAST 8 authorization from MAST before before working on Sunday. working on Sunday. May-24 Working Time Regular Hours Workers complain that they are not Have an accurate attendance recording 8 receiving the full amount of their system. Train workers on clock in / clock salary because the punch system is out procedure. not working properly. May-24 Working Time Regular Hours The working hours posted on the Display the factory's working hours for all 8 floors is not accurate. shifts. May-24 Working Time Regular Hours The regular daily or weekly hours Change the regular daily or weekly hours 8 exceed the legal limit. to comply with the labor code. [page 221] 221 May-24 Occupational Safety and Health Services and First Less than 10 percent of the workforce Train at least than 10 percent of the 47 Health Aid is trained in first aid, as recommended workforce in first Aid. by Better Work. May-24 Occupational Safety and Health Services and First No evidence of annual medical checks Pay OFATMA work related accident 47 Health Aid for workers were present in worker's including the CDS for the fiscal year 2023- files. 2024. Request OFATMA to conduct the annual medical checks. May-24 Occupational Safety and Health Services and First No evidence of medical checks for Provide free medical checks for workers 47 Health Aid workers exposed to work-related exposed to work-related hazards twice a hazards were present in worker's files. year. May-24 Occupational Safety and Health Services and First Worker interviews across the factory Pay OFATMA for work related accident 47 Health Aid confirmed they did not receive the and request the health cards within the health cards within the first 3 months first 3 months of hiring. ofhiring. May-24 Occupational Safety and Welfare Facilities During interview workers said they - Provide soap dispenser 8 Health never find soap in the toilets. - Define who will check that soap is available and include this in the system of daily-weekly checks May-24 Occupational Safety and Working Environment Insufficient lux level in several areas of Increase the lux level in Packing and 21 Health the workspace. sewing section to at least 500 lux. May-24 Occupational Safety and Working Environment The temperature exceed Better Work Install additional fans in the workplace 8 Health recommended limit of 30 C. May-24 Occupational Safety and Health Services and First The factory does not have onsite Hire the required medical staff. 47 Health Aid medical facilities and staff as required by art. 478 and 479 of the labor code. May-24 Occupational Safety and Worker Protection The factory did not provide any Develop an internal training plan and 8 Health training records on the use of train all worker on the use of PPE. personal protective equipment. May-24 Occupational Safety and Worker Protection Several chairs were missing back rest. Provide chair with back rest. 8 Health May-24 Occupational Safety and Worker Protection Several sewing machines are missing Define who is in charge of installing and 47 Health eye guards, finger guards and belt regularly maintaining the machine guards guards. : [page 222] 222 May-24 Occupational Safety and Worker Protection The employer does not provide all the - Consult the MSDS to see which PPE is 37 Health necessary PPE to all workers. required for each product - Provide proper PPE to workers working with chemicals. May-24 Occupational Safety and Chemicals and Hazardous No eye wash station has been Provide eye wash bottles and specify 47 Health Substances installed where chemicals are used who will conduct regular checks of the and stored. functioning of the eyewash. May-24 Occupational Safety and Chemicals and Hazardous The factory did not provide training to Train workers and supervisors on 8 Health Substances all workers using chemical and chemical management. hazardous products. May-24 Occupational Safety and Chemicals and Hazardous The spot cleaning area is not isolated. Improve isolation from the chemical such 47 Health Substances as separate room for spot cleaning. May-24 Occupational Safety and Chemicals and Hazardous MSDS'Ss are missing for several . Keep chemical MSDS for all hazardous 47 Health Substances chemical and hazardous products. chemicals used in the workplace. May-24 Occupational Safety and Chemicals and Hazardous The chemical storage areas on both Train workers on proper storage of 47 Health Substances floors do not meet all safety chemicals and specify who conducts requirements. regular chemical safety checks. May-24 Occupational Safety and Chemicals and Hazardous Unlabeled containers of chemical and Define who control the chemical 47 Health Substances hazardous substances found in the container on receipt from supplier and workspace. control the label. May-24 Occupational Safety and OSH Management Systems The factory does not send the report Record work related accidents and send 47 Health of work related accident to OFATMA them to OFATMA monthly. monthly. May-24 Contracts and Human Termination The annual salary supplement or Include payment for weekly rest day in 47 Resources bonus is not accurate. the calculation of payment of annual salary supplement or bonus upon termination. May-24 Contracts and Human Termination The average salary for annual leave Include the payment for weekly rest day 47 Resources when worker resign or are in the calculation of unused paid annual terminated is not accurate. leave when worker resign or terminated. May-24 Contracts and Human Termination The calculation of the payment for the Include the payment for weekly rest day 47 Resources notice period did not include payment in the calculation of payment for the for weekly rest day. notice period. [page 223] 223 May-24 Contracts and Human Employment Contracts The factory does not an have internal Update the internal work rules and send 47 Resources work rules approved by the Ministry of _ it to MAST for approval. Labor and posted in the workplace. May-24 Contracts and Human Employment Contracts The apprentice contracts were not Request approval for the apprentice 47 Resources approved by the Ministry of Labor contracts. make an amendment to (MAST), as legally required. workers" contracts to include all the information as stated in the labor code. May-24 Compensation Social Security and Other The factory did not send workers pay Register with OFATMA for maternity and 47 Benefits slip for the last 3 months to OFATMA health insurance. Then, send workers pay for sick leave and maternity leave slip for the last 3 months to OFATMA for payment. sick leave and maternity leave payment. May-24 Compensation Social Security and Other The factory does not collect and Collect and forward workers 47 Benerfits forward workers’ contributions to contributions to OFATMA for maternity OFATMA for maternity and health and health insurance. insurance. May-24 Compensation Social Security and Other ONA deduction are based on the Forward employer's contributions to ONA 47 Benefits minimum salary. on time. Moreover, ensure that ONA deduction is based on the basic salary including the weekly rest day payment. May-24 Occupational Safety and Chemicals and Hazardous The inventory of chemical and Assign responsible persons for updating 47 Health Substances hazardous substances does not inventories of hazardous substances in specify the location where they are the various locations where they are stored in all building. stored or used. May-24 Compensation Social Security and Other The last OFATMA payment for Forward employer's contribution to 47 Benerfits maternity and health insurance. made OFATMA maternity and health insurance in November 2023. on time. Furthermore, ensure the calculation for the payment is based on the basic salary. May-24 Compensation Social Security and Other Employer contributions to ONA are Calculate ONA deduction on the basic 47 Benerfits based on the minimum salary. salary including money for production and allocation. Then, forward contribution on time. May-24 Compensation Social Security and Other The annual salary supplement or Include payment for weekly rest day in 47 Benefits bonus did not include payment for the calculation of annual salary weekly rest day. supplement or bonus. [page 224] 224 May-24 Compensation Social Security and Other The factory did not provide proof of Pay OFATMA work related accident for 47 Benefits payment for the fiscal year 2023-2024, the fiscal year 2023-2024. for OFATMA work related accident insurance. May-24 Compensation Paid Leave Holidays are not paid on average daily Calculate holiday payment on average 8 salary to all workers. daily salary to all workers. May-24 Compensation Paid Leave The factory does pay workers for the Pay the rest day when worker works for 8 weekly rest day. 48 hours or 6 consecutive days. May-24 Compensation Paid Leave The factory only paid 6 weeks of Pay the rest day when worker works for 47 maternity leave where workers are 48 hours or 6 consecutive days and entitled to 12 weeks of payment. include the payment in the calculation of the average salary for the payment of maternity leave. The factory must ensure that worker entitled to maternity leave receives 12 weeks of payment. May-24 Contracts and Human Termination The calculation of the average salary Include the payment for weekly rest day 47 Resources for the payment of unused paid in the calculation of unused paid annual annual leave does not include the leave when worker resign or terminated. payment for weekly rest day. May-24 Compensation Paid Leave Payments for sick leave are based on Include the payment for the weekly day 47 the minimum salary and did not of rest in the calculation of the average include payment for weekly rest day. salary for payment of sick leave. May-24 Contracts and Human Termination The calculation of the average salary Include the payment for weekly rest day 8 Resources for the payment of the notice period in the calculation of payment for the does not include payment for weekly notice period. rest day. May-24 Compensation Paid Leave Payments for annual leave are based Include payment for weekly rest day in 8 on the minimum salary and did not the calculation of annual leave. include payment for weekly rest day. May-24 Contracts and Human Employment Contracts The factory does not an have internal Update the internal work rules and send 47 Resources work rules approved by the Ministry of the internal work rules to MAST for Labor and posted in the workplace. approval. [page 225] 225 May-24 Compensation Wage Information, Use and Overtime hours were not registered Register overtime hours for the 8 Deduction for workers on fix salary and the non- supervisors, workers on fixed salary and production workers. the non-production workers such as and administrative staff and pay them in accordance with the law. May-24 Compensation Overtime Wages Overtime work hours performed Modify the payroll system and pay the 8 beyond 6 PM for day shift were paid overtime work performed beyond 6 PM 50 percent above normal wage for day shift were paid 100 percent above instead of 100 percent. the normal wage. May-24 Freedom of Association Collective Bargaining The employer failed to implement all Implement all the provisions of the 21 and Collective the provisions of the collective collective agreement. Bargaining agreement. Assessment May 2023 May-23 Occupational Safety and OSH Management Systems The factory has an OSH policy thatis Management needs to discuss the OSH Health not signed by top management. In policy with workers, have their input and addition, the policy is written in then sign it. The sign policy should also Spanish. be posted on the floor. May-23 Occupational Safety and OSH Management Systems A structural safety certificate was not The factory needs to request the Health provided to assessors. certificate from the CODEVI administration. May-23 Occupational Safety and OSH Management Systems The factory does not record work The factory needs to record all work Health related accidents on a monthly basis related accidents and submit them to and does not submit them to OFATMA on a monthly basis. OFATMA. May-23 Occupational Safety and OSH Management Systems The employer does not properly Them employer need to do the following: Health investigate, monitor and measures -Log and analyze of violations of OSH issues. procedures; -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 May-23 Occupational Safety and OSH Management Systems Management has not posted the Post the names and pictures of Health name of OSH committee members in committee members. the workspace. [page 226] 226 May-23 Contracts and Human Employment Contracts The factory does not have an The factory need to review its recruitment 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 Resources disciplinary and termination and termination procedures that includes procedure. a clear 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 Resources appropriate grievance handling and resolution 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. May-23 Contracts and Human Employment Contracts The employer does not properly The factory needs to develop a procedure Resources investigate violations of HR policies to 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 Resources work rules approved by the Ministry of submitted to OFATMA for Approval. Labor. Management had no comment. Internal work rules should be in French or Creole. Once approved, it should be share with workers or posted on the floor. [page 227] 227 May-23 Contracts and Human Employment Contracts The employer does not adequately The employer needs to review its HR Resources communicate and implement HR policies that include: policies. Induction training 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- May-23 Contracts and Human Employment Contracts The HR policy that defines Translate the document from Spanish to Resources accountability and responsibility for French or Creole. Update reporting lines HRissues to HR staff is in Spanish and job duties. May-23 Contracts and Human Employment Contracts The factory does not have an HR The factory should develop an HR policy Resources policy that is signed by top that is signed by top management which management and includes all the includes: Mandatory minimum age necessary elements. requirements Non-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 and Collective following provisions od the CBA CODEVI administration should meet to Bargaining 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 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 maternity leave to pregnant of maternity leave as mandated by law. workers. May-23 Working Time Regular Hours The regular working hours are exceed The June 13 decree puts the 3*8 law on the legal limit. pause. 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 Health trained in fire-fighting equipment. the workforce. May-23 Occupational Safety and Emergency Preparedness Fire drills are not conducted on twice Conduct a fire drill every six months. Health a year as recommended by Better Work. [page 228] 228 May-23 Occupational Safety and Emergency Preparedness Obstructed aisles in several areas of They need to organize the factory floor Health the building. properly 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 Health the layout of the floor. Evacuation routes on the floor, prepare the routes need to be marked. The evacuation plan and post it on the factory emergency exit doors are missing the floor. Install emergency lights in the emergency light. emergency exits. May-23 Occupational Safety and Emergency Preparedness Improper Maintenance of fire Inspect the fire extinguishers regularly Health extinguisher. and place 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 Health detectors in the building. May-23 Occupational Safety and Health Services and First The total number of workers trained The factory needs to provide training to Health Aid in first aid is less than 10 percent of at least 10% of the workers. The should the workforce as recommended by develop a training plan to provide the Better Work. training gradually until they reach or exceed 10% of the workforce. May-23 Occupational Safety and Health Services and First The assessors did not notice any first The factory needs install first aid boxes, Health Aid aid box on the floor of the building as appropriate, implement a system to Top Choice 2. make sure 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 Management needs to discuss their Management expressed that Health Aid needs CODEVI administration. workers have access to use the medical facilities of the industrial park. May-23 Occupational Safety and Health Services and First No evidence of annual medical checks The factory should pay OFATMA on time Health Aid were present in worker's files. and include the payment of the CDS. The factory 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 No evidence of medical checks for The factory should pay OFATMA on time Health Aid workers exposed to work-related and include the payment of the CDS. The hazards were present in worker's files. factory should request that OFATMA performs the medical exam and provide the health card to the workers. [page 229] 229 May-23 Occupational Safety and Health Services and First Worker interviews across the factory The factory should pay OFATMA on time Health Aid confirmed they did not receive the and include the payment of the CDS. The health cards within the first 3 months factory should request that OFATMA ofhiring. performs the 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 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 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 Health packing area was not clean and tidy. the 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 Health of the workspace. level is 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 Health machines have the proper guards for worker protection. They should train the workers in the proper use of the guards and implement a system to ensure that workers use them. May-23 Occupational Safety and Worker Protection The employer does not provide allthe Provide appropriate PPE to all workers. 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 Management they are Health Substances installed where chemicals are used compressor room of the second building training a new compliance and stored. Top Choice 2. officer to check and report these issues. May-23 Occupational Safety and Chemicals and Hazardous The vacuum machine observed in the Make sure that the vacuum machine is Health Substances spot cleaning of the building Top functioning to prevent worker exposure Choice 1, is not working. to chemical products. [page 230] 230 May-23 Occupational Safety and Chemicals and Hazardous MSDS'Ss are missing for several Define who is responsible to acquire and Health Substances chemical and hazardous products. keep 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 Health Substances hazardous substances found in the in charge of the inventory; ensure that all workspace. product are properly labelled. May-23 Occupational Safety and Chemicals and Hazardous Inaccurate inventory of chemical and The factory should review its inventory 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 Resources for the payment of the annual salary the 3*8 law. The lunch break supplement upon termination does payment is no longer not include the lunch break payment. required. May-23 Contracts and Human Termination The calculation of the average salary Pay the lunch break. The June 13 decree suspends Resources for the payment of the unused paid the 3*8 law. The lunch break annual leave upon termination does payment is no longer not include the lunch break payment. required. May-23 Contracts and Human Termination The calculation of the average salary Pay the lunch break. The June 13 decree suspends Resources for the payment of the applicable the 3*8 law. The lunch break notice period does not include the payment is no longer lunch break payment. required. 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 Benefits required employer contributions to contributions to ONA within the first 10 the 3*8 law. The lunch break ONA. working days of the following month for payment is no longer the previous month's payment. Calculate required. 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 Benefits maternity and health insurance. for OFATMA maternity and health insurance [page 231] 231 May-23 Compensation Social Security and Other Benefits May-23 Compensation Social Security and Other The employer collects but does not The factory needs to submit payment to Benerfits forward workers" to ONA on time. ONA 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 Benefits months are not sent to OFATMA for make the necessary contributions payment of sick and maternity leave. regularly. May-23 Compensation Social Security and Other The calculation of the average salary Pay the lunch break The June 13 decree suspends Benefits for the annual salary supplement does the 3*8 law. The lunch break not include the lunch break payment. payment is no longer required. May-23 Compensation Social Security and Other The factory is affiliated with OFATMA The factory needs to pay OFATAMA for Benefits for work related accident and the work related accident insurance on time. factory has not completed the Should they have an agreement with payment for the fiscal year 2022-2023. OFATMA for partial payment, they should have a copy of the 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 The calculation of the average average daily earnings. Furthermore, earning in the calculation ofthe average daily salary must include all the calculation does not include the daily salary. earnings, except the lunch lunch break payment. break payment, which is no longer 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 in the payroll. lunch break 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. [page 232] 232 May-23 Compensation Paid Leave The factory compensated workers for The factory needs register all workers The calculation of the average 6 weeks of maternity leave. In with OFATMA for maternity and health daily salary must include all addition, the calculation does not insurance, deduct the proper amount and earnings, except the lunch include the lunch break payment. submit it to OFATMA on a monthly basis. break payment, which is no For pregnant workers, the factory should longer required. Overtime send their last pay slips to OFATMA for does not need to be included. their maternity leave payments. May-23 Compensation Paid Leave The calculation of the average salary Pay the lunch break The June 13 decree suspends for the annual leave payment does the 3*8 law. The lunch break not include the lunch break payment. payment is no longer required. [page 233] 233 BETTER WORK HAITI - 28TH SYNTHESIS REPORT .. Factory: Uniwell Apparel, LLC. Supplier ID 3285 Location: Ouanaminthe Number of workers: 642 Date of registration: Jan-20 Date of last two Better May-23 May-24 Work assessments: Advisory and Training Services 21/14/2024 Advisory meeting Conduct a factory tour on emergency preparedness. Facilitate a short session on OSH. Meeting with management to follow up on termination of union leader and compensation. 15-Nov-24 Industry Seminar ToT Training on Core Labour Standards 14-Nov-24 Industry Seminar Bipartite Committee 13-Nov-24 Industry Seminar Workshop on DGI Taxes Calculation Methode 12-Nov-24 Industry Seminar Workshop on DGI Taxes Calculation Methode 7-Nov-24 Industry Seminar ToT Training on Compensation and Working Time 6-Nov-24 Industry Seminar Industrial Relations 5-Nov-24 Industry Seminar Hazard Risk Management and Control Training 31-Oct-24 Industry Seminar ToT Training on HR and Contract 30-Oct-24 Industry Seminar General ToT Training 22-Aug-24 Industry Seminar Virtual Workplace Cooperation & Communication (WCC) 19-Jul-24 Industry Seminar Bipartite Committee 17-Jul-24 Advisory meeting Conduct OSH tour to validate pending issues in the portal, then management meeting regarding compensation and Meeting with union members. 11-Jul-24 Industry Seminar Chemical Management System 5-Jul-24 Industry Seminar Virtual Emergency Preparedness 2-Jul-24 Industry Seminar Virtual Supervisory Skills 2-Apr-24 Industry Seminar Virtual Supervisory Skills 26-Mar-24 Industry Seminar Virtual Supervisory Skills 26-Mar-24 Advisory meeting Virtual meeting with the bipartite committee to validate pending issues and discuss about emergency preparedness. Verification of the payroll such as Overtime hours worked and holiday payment. 19-Mar-24 Industry Seminar Virtual Workers' Rights & Responsibilities 15-Mar-24 Industry Seminar Virtual Workers' Rights & Responsibilities COMPLIANCE ASSESSMENT CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS [page 234] 234 Assessment May 2024 May-24 Occupational Safety OSH Management Systems The factory does not have an adequate Develop the policy in consultation 46 and Health OSH policy that is signed by top with workers and their management. representatives and include measurable objectives and improvement targets in the policy May-24 Occupational Safety OSH Management Systems The factory does not have an adequate Develop a hazard/risk 46 and Health hazard/risk management and control management and control procedure. procedure that includes:- A hierarchy of controls that is used to select effective controls- A risk register that drives the implementation of controls. May-24 Occupational Safety OSH Management Systems The factory does not have an accident Develop an accident investigation 46 and Health investigation procedure. procedure that includes: - Root cause analysis - Focus on sustainable solutions - Implementation of changes in order to avoid reoccurrence May-24 Occupational Safety OSH Management Systems Management did not define - Appoint an OSH officer with 46 and Health accountability and/or responsibilities sufficient expertise for OSH officer as well as top - Ensure effective functioning of management. the OSH committee May-24 Contracts and Employment Contracts The factory does not have a an Translate the procedure in local 46 Human Resources adequate grievance handling and language and ensure it include dispute resolution procedures. anonymity. May-24 Contracts and Employment Contracts The factory does not have an HR policy review the policy to include :- The 46 Human Resources that is signed by top management. right to representation during disciplinary processes;- Timeframe for payments. Have it signed by top management. May-24 Contracts and Employment Contracts The employer did not investigate Develop a procedure to review 46 Human Resources violations of HR policies and violations of on HR policy and procedures. include system performance indicators. May-24 Contracts and Employment Contracts The communication on HR policies and Provide Induction training for 46 Human Resources procedures does not include all the workers and staff. Post Policies and necessary steps. internal regulations in the factory. [page 235] 235 May-24 Working Time Overtime The factory did not obtain prior Request prior authorization from 8 authorization from MAST, to perform MAST to perform overtime. overtime. May-24 Working Time Overtime The factory did not obtain prior Request prior authorization from 8 authorization from MAST, to work MAST to perform overtime on overtime on Sundays. Sundays. May-24 Working Time Regular Hours The internal work rules are not aligned Ensure the working hours are 8 with the actual working hours. aligned with the internal work rules. May-24 Working Time Regular Hours The regular daily or weekly hours Change the regular daily or weekly 8 exceed the legal limit. hours to comply with the labor code. May-24 Occupational Safety Emergency Preparedness Less 10 percent of worker in the use of Train at least 10 percent of worker 46 and Health firefighting equipment. in the use of firefighting equipment. May-24 Occupational Safety Emergency Preparedness Sources of ignition are not properly -Post appropriate safety warnings Safety warnings has been 21 and Health safeguarded. in the workplace. posted around the workplace. - Include this aspect in the daily- weekly checklist May-24 Occupational Safety Emergency Preparedness The floor needs to be repaintedinthe - Paint evacuation arrows and 46 and Health packing and warehouse area. signs - Paint yellow lines on the floor to show the exit pathway May-24 Occupational Safety Emergency Preparedness The fire extinguisher on the forklift did Provide adequate firefighting All fire extinguishers have 46 and Health not have any inspection tag. equipment. Ensure regular been inspected. The inspection maintenance. tag has been installed in the forklift in July 2024. May-24 Occupational Safety Health Services and First The number of workers trained in first Train at least 10 percent of workers 46 and Health Aid aid is less than 10% as recommended in first Aid. by BWH. May-24 Occupational Safety Health Services and First The factory does not have an onsite Make a contract with a health care 46 and Health Aid medical facilities and staff. unit in the surroundings or Hire the required medical staff. May-24 Occupational Safety Health Services and First No evidence of annual medical checks Pay the health card to OFATMA for 46 and Health Aid were present in worker's files. all workers and request medical checks for all workers. [page 236] 236 May-24 Occupational Safety Health Services and First Workers who have been exposed to Provide free health checks to 46 and Health Aid work-related hazards did not receive workers who have been exposed to two free health on a yearly basis. work-related hazards twice a year. May-24 Occupational Safety Health Services and First Worker did not receive health cards Pay the health card to OFATMA for 46 and Health Aid within the first three months of hiring. all workers and request medical checks for newly hired workers. May-24 Occupational Safety Welfare Facilities The water test is not conducted on a Conduct the water test monthly. 46 and Health monthly basis by a certified laboratory. May-24 Occupational Safety Welfare Facilities Insufficient number of toilets. Increase the number of toilets 46 and Health based on the workforce as required by law. May-24 Occupational Safety Worker Protection The assessors observed 8 chairs found Provide chairs with backrest to 8 and Health without back rest. workers. May-24 Occupational Safety Worker Protection Exposed wires were noticed in the Insulate the exposed electrical The factory electrician 8 and Health compressor room. wires. removed the exposed wire. May-24 Occupational Safety Worker Protection 70% of single needle machines are Define who is in charge of An inventory of sewing 8 and Health missing finger guards. installing & regularly maintaining machines missing protective the machine. equipment has been conducted. May-24 Occupational Safety Worker Protection Proper PPE is not provided to all Provide safety belt for workers Safety belt has been provided 46 and Health workers. doing heavy lifting in the cutting to all workers doing heavy department. lifting. May-24 Occupational Safety Chemicals and Hazardous An eye wash station is not installed in Provide eye wash bottles. Specify Eye wash bottles have been 46 and Health Substances all areas where chemical and who will conduct regular checks of _ installed in the mechanic hazardous products are used and the functioning of the eyewash and workshop. stored. include this in the system of daily- weekly checks. May-24 Occupational Safety Chemicals and Hazardous The spot cleaning area lacks proper 1. Improve isolation from the 46 and Health Substances conditions to prevent workers from chemical and have a separate unnecessary exposure to chemicals. room for spot cleaning 2. Repair the vacuum May-24 Occupational Safety Chemicals and Hazardous MSDS is not available for all chemicals Keep MSDS for all hazardous Management displays all 46 and Health Substances product. chemicals used in the workplace. MSDS where chemicals are stored. [page 237] 237 May-24 Occupational Safety Chemicals and Hazardous The inventory of chemical and Assign responsible persons for All chemicals and hazardous 46 and Health Substances hazardous products is incomplete. updating inventories of hazardous substances have been substances in the various locations included in the chemicals where they are stored or used. inventories. May-24 Contracts and Termination The calculation of the payment forthe Include the weekly rest day 8 Human Resources annual salary supplement upon payment in the calculation for termination does not include the annual salary supplement upon weekly rest day payment. termination. May-24 Contracts and Termination The calculation of the payment for Include the weekly rest day 8 Human Resources unused paid annual leave upon payment in the calculation of termination does not include the unused paid annual leave when weekly rest day payment. they resign or are terminated. May-24 Contracts and Termination The calculation of the average earnings Include the weekly rest day 8 Human Resources for the applicable notice period when payment in the calculation of the the time is not provided is not accurate. notice period when the time is not provided. May-24 Contracts and Employment Contracts The factory has internal work rules, Translate the internal work rules in 46 Human Resources which have not been approved by the local language and send it to MAST Ministry of Labor. for approval. May-24 Contracts and Employment Contracts Worker's contract does not comply Review and update Worker's 46 Human Resources with the labor code. contract including the duration of the workday and the hours during which it must be performed. May-24 Compensation Social Security and Other The factory does not submit workers" Submit workers' pay slips to 46 Benefits pay slips to OFATMA for sick leave or OFATMA for sick leave or maternity maternity leave payments. leave payments. May-24 Compensation Social Security and Other The employer is affiliated with OFATMA Register with OFATMA for 46 Benefits for maternity and health insurance. maternity and health insurance. However, no proof of payment was Then collect and forward the shared with the assessors. contributions monthly. May-24 Compensation Social Security and Other The factory has not submitted the Forward employer contribution to 46 Benefits required employer contribution to ONA ONA for 2023 and 2024. in 2023 and 2024. [page 238] 238 May-24 Compensation Social Security and Other The factory has not forwarded the Forward workers' contribution to 46 Benefits workers' contribution to ONA in 2023 ONA on Time as required by law. and 2024. May-24 Compensation Social Security and Other The calculation of the payment forthe Include the weekly rest day 46 Benefits annual salary supplement or bonus payment in the calculation for does not include the weekly rest day annual salary supplement or payment. bonus. May-24 Compensation Social Security and Other The factoryis affiliated with OFATMA Pay OFATMA work related accident 46 Benefits for accident insurance and paid 50 on time for the fiscal year 2023- percent of the fiscal year 2023-2024 2024 including the health card including the health card (CDS). (CDS). May-24 Compensation Paid Leave Non working holiday payment is not Calculate the payroll for non 8 based on the average earning. working holiday on the average earning. May-24 Compensation Paid Leave The weekly rest day is not Pay the rest day when worker 8 compensated, when workers works for 48 hours or 6 consecutive accumulate 48 hours within five days days. or less. May-24 Compensation Paid Leave The factory has only paid 6 weeks of Pay the rest day when worker 46 maternity leave, whereas eligible works for 48 hours or 6 consecutive workers are entitled to 12 weeks of days and include the payment in paid leave. the calculation of the average salary for maternity leave. May-24 Compensation Paid Leave Sick leave payment is not paid onthe Include the weekly rest day 46 average earning since. payment in the calculation of sick leave payment. May-24 Compensation Paid Leave The annual leave calculation is not Include the weekly rest day 46 based on the average daily earning payment in the calculation of and does not include the weekly rest annual leave. day. May-24 Compensation Wage Information, Use Some employees were not Register hours of overtime for 8 and Deduction compensated for overtime work workers on fix salary and the non- performed. production workers. Then, pay overtime hours worked as required bv law. [page 239] 239 May-24 Compensation Premium Pay The payment for legally mandated Make adjustments in the payroll 8 holidays does not include production system and ensure that payment salary, incentives and weekly rest day for legally mandated holidays is payment. based on the average salary and include production incentives. May-24 Compensation Overtime Wages The employer does not pay workers Make adjustments in the payroll 8 100 percent above the normal wage system and ensure that overtime for overtime hours worked on legally hours worked on legally mandated mandated holidays. holidays are paid 100 percent above normal waae. May-24 Compensation Overtime Wages Assessors noted that overtime Make adjustments in the payroll 8 performed beyond 6 pm, workers not system and ensure that overtime paid the night time increase rate. work hours performed beyond 6 PM for day shift are paid 100 percent above normal wage May-24 Freedom of Collective Bargaining The factory failed to implement some Implement all provisions of the 46 Association and provisions of the collective agreement. collective agreement. Collective Bargaining Assessment May 2023 May-23 Occupational Safety Chemicals and Hazardous The inventory of chemical and Assign responsible persons for and 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 Chemicals and Hazardous Unlabeled containers of chemicals. Define who control the chemical and Health Substances container on receipt from supplier and control the label. May-23 Occupational Safety Chemicals and Hazardous Chemicals are not properly stored. Issue instruction on proper and Health Substances storage. May-23 Occupational Safety Chemicals and Hazardous MSDS not available for all chemicals Keep chemical MSDS for all and Health Substances product. hazardous chemicals used in the workplace. May-23 Occupational Safety Chemicals and Hazardous MSDS not available for all chemicals Relocate the spot cleaning section and Health Substances product. or ensureit is in an isolated area. May-23 Occupational Safety Chemicals and Hazardous The factory did not show evidence of Provide training to workers on A training has been conducted and Health Substances chemicals and hazardous substances chemical management. in July 2023 on PPE and training in the last 12 months. chemical handling. [page 240] 240 May-23 Occupational Safety Chemicals and Hazardous Eye wash stations are not available in Install eye wash facilities were and Health Substances all arD92:D96eas where chemical chemicals are used products are used. Include this aspect in the daily and weekly checks. May-23 Freedom of Collective Bargaining Violation of the CBA. Discuss legal requirements with Association and the factory Manager and register Collective all workers for maternity and Bargaining Health Insurance. May-23 Occupational Safety Emergency Preparedness There is no smoke detector installed in Install smoke detector in the and Health the garbage warehouse, where garbage warehouse, combustion materials such as cardboard boxes and plastic are stored. May-23 Occupational Safety Emergency Preparedness Improper maintenance of fire Request an annual fire fighting and Health extinguishers. maintenance report conducted by a certified company. May-23 Occupational Safety Emergency Preparedness Emergency exits are not accessible. Provide additional training for The fabric has been and Health supervisors and remind transferred to another supervisors about their location. responsibility to enforce OSH in their area. May-23 Occupational Safety Emergency Preparedness Fire drills are not conducted twice a Conduct at least 2 emergency drill The last fire drill was and Health year as recommended. per calendar year with the conducted in July 2023. authorities (incl. full evacuation of the workforce). May-23 Occupational Safety Emergency Preparedness Combustible materials are not properly Store cardboard boxes and wood and Health stored. in other area away welding and grinding activities. May-23 Occupational Safety Emergency Preparedness A significant amount of fabric pieces Provide additional training for The fabric has been removed and Health were observed stored beneath workers and supervisors on and warning signs are posted electrical panels. electrical safety. on the factory floor. May-23 Occupational Safety Emergency Preparedness The employer did not show evidence of Train at least 10 percent of the and Health fire-fighting training for workers inthe workforce. last 12 months. Develop a monitoring log. May-23 Contract and Human Employment Contracts The factory does not have an internal Review the internal work rules. Resources work rules approved by the Ministry of Send the document to MAST for Labor. approval. Ensure that all the pages are stamped. [page 241] 241 May-23 Contract and Human Employment Contracts The factory does not have an HR policy Develop an HR policy that is Resources that is signed by top management with signed by top a clear commitment to meet all legal requirements. May-23 Occupational Safety Employment Contracts Management did not define Define accountability and/or and Health accountability and/or responsibilities responsibilities for OSH officer as for OSH officer as well as top well as top management. management. May-23 Contract and Human Employment Contracts The communication on HR policies and Conduct Induction training for Resources procedures does not include Induction workers. 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 Resources description of job duties and authority such as job descriptions, reporting and performance evaluations are not lines, description of job duties and available. authority and performance evaluations. May-23 Contract and Human Employment Contracts Disciplinary and termination Include the following points in the 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 Resources recruitment procedure. that include: Hiring criteria that are applied equally to all job applicants. May-23 Occupational Safety Health Services and First Worker did not receive the health cards Pay the health cards and request and Health Aid within the first 3 months of hiring. OFATMA to conduct the health checks. May-23 Occupational Safety Health Services and First No evidence of medical checks for Conduct the health checks twice a and Health Aid workers exposed to work-related year. hazards were present in worker's files. [page 242] 242 May-23 Occupational Safety Health Services and First No evidence of annual medical checks Pay the health cards and request and Health Aid were present in worker's files. OFATMA to conduct the health checks. May-23 Occupational Safety Health Services and First The factory does not have an onsite Set up a clinic approved by the and Health Aid medical facilities and staff. Authorities or Hire the required medical staff. May-23 Occupational Safety Health Services and First Some first-aid box are obstructed and Provide training to workers to and Health Aid some are missing the checklist to ensure that the first-aid boxes ensure proper supply. remain unobstructed. May-23 Occupational Safety Health Services and First The number of workers trained in first Train at least 10 percent ofthe and Health Aid aid is less than 10% as recommended workforce by BWH. Develop a monitoring log. May-23 Working Time Leave Pregnant workers do not go on leave 6 Send workers on maternity leave 6 weeks before giving birth. weeks before giving birth. May-23 Occupational Safety OSH Management Systems OSH assessments have not been Conduct monthly OHS risk and Health conducted during the past twelve assessments in all the various months. The factory did not share any sections of the factory including reports with assessors. preventive and remediation action. May-23 Occupational Safety OSH Management Systems The factory did not share any list of Establish an OSH committee. Then and Health health committee members and inform workers about its existence. meeting minutes for the last 12 months. May-23 Occupational Safety OSH Management Systems The factory did not share any structural Request a structural safety and Health safety certificate with assessor. certificate from the city hall. May-23 Occupational Safety OSH Management Systems Management did not define Define accountability and/or The factory appointed a new and Health accountability and/or responsibilities responsibilities for OSH officer as OSH officer and the OSH for OSH officer as well as top well as top management. committee has been management. implemented. May-23 Occupational Safety OSH Management Systems The factory does not effectively Display OSH policies and work and Health communicates and implements OSH instructions in the workplace. policies. Post of evacuation plans in all buildings May-23 Occupational Safety OSH Management Systems The employer does not investigates Investigates monitors and and Health monitors and measures OSH issues. measures OSH issues through: Regular test, survey and inspections. [page 243] 243 May-23 Occupational Safety OSH Management Systems The factory does not have an accident Develop an accident investigation The factory assigned an OSH and Health investigation procedure. procedure that includes: officer and the procedure has Implementation of changes in been developed and validated. order to avoid reoccurrence. May-23 Occupational Safety OSH Management Systems The factory did not share a hazard/risk Develop a risk management The risk procedure include: and Health management procedure with the procedure that include: A systematic approach to assessors. A systematic approach to identifying hazards, a identifying hazards, a risk register, structure to prioritize risks and a structure to prioritize risks and a a hierarchy of controls. hierarchy of controls . May-23 Occupational Safety OSH Management Systems The factory does not have an adequate Develop the policy in consultation and Health OSH policy that is signed by top with workers and their management. representatives which include measurable objectives and improvement targets. May-23 Compensation Paid Leave The calculation of the average salary Pay the lunch break. The June 13 decree suspends for the payment of annual leave does the 3*8 law. The payment of not include the payment of the lunch the lunch break is no longer break. required. May-23 Compensation Paid Leave The factory did not submit the sick Register with OFATMA for leave payment records to assessors, to maternity and health insurance. allow them to verify the if sick leave Send workers" pay slip to OFATMA payments are made correctly. for sick leave payment. May-23 Compensation Paid Leave The factory only paid 6 weeks of Register with OFATMA for maternity leave where workers are maternity and health insurance. entitled to 12 weeks of payments. Send workers" pay slip to OFATMA for maternity leave payment. May-23 Compensation Paid Leave The lunch break is not compensated in Pay the lunch break. The June 13 decree suspends the payroll. the 3*8 law. The payment of the lunch break is no longer required. May-23 Working Time Regular Hours The regular working hours are from Ensure that regular hour do not The June 13 decree suspends 6:30 AM to 4:30 PM including a 1 hour exceed 48 hours per week. the 3*8 law. The payment of daily break, 5 days a week, which is the lunch break is no longer equivalent to 10 hours per day and 50 an integral part of the work hours per week. day. [page 244] 244 May-23 Working Time Regular Hours During the assessment visit, assessors Post the factory's working hours noticed that the employer has not for all shifts including break time. posted the factory's working hours for all shifts including break time. May-23 Compensation Social Security and Other The factory is affiliated with OFATMA Keep record of the salary Benefits for work related accident and the statement send to OFATMA. factory has not completed the payment Pay OFATMA work related accident for the fiscal year 2022- 2023. on time. May-23 Compensation Social Security and Other The calculation of the average salary Pay the lunch break. The June 13 decree suspends Benefits for the payment of the annual salary the 3*8 law. The payment of supplement does not include the lunch the lunch break is no longer break payment. required. May-23 Compensation Social Security and Other The last payment made to ONA was Calculate ONA deduction on Benefits 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 OFATMA Register with OFATMA for Benefits for maternity and health insurance. maternity and health insurance. Management share proof of payment Send worker's and employer's for the employer's portion made for contributions to OFATMA, for the month of February 2022. maternity and health insurance. May-23 Compensation Social Security and Other The last payment made to ONA was Calculate ONA deduction on Benefits 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 OFATMA Register with OFATMA for Benefits for maternity and health insurance. maternity and health insurance. Management share proof of payment Collect and forward contributions for the employers portion made for the from workers salary for maternity month of February 2022. and health insurance [page 245] 245 May-23 Compensation Social Security and Other The factory does not send workers' pay Register with OFATMA for Benefits slip to OFATMA for maternity or sick maternity and health insurance. leave payments. Send workers" 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 suspends unused paid leave upon termination. the 3*8 law, so 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 suspends for the payment of the annual salary the 3*8 law. The payment of supplement upon termination does not the lunch break is no longer include the lunch break. required. May-23 Occupational Safety Welfare Facilities Insufficient number of toilet. Discuss legal requirements with and Health the General Manager. Increase the number of toilets as required by law. May-23 Occupational Safety Welfare Facilities The water test is not conducted on a Conduct the water test monthly. and Health monthly basis by a certified laboratory. May-23 Occupational Safety Welfare Facilities The eating areas do not have the Provide an eating Area that can and Health capacity to accommodate all workers accommodate all the workers even if the factories have different lunch schedules to decrease agglomeration of workers. May-23 Occupational Safety Worker Protection The employer has not provided proper Provide employees with all and Health PPE to all workers. necessary personal protective clothing and equipment according to PPE regulation. May-23 Occupational Safety Worker Protection The employer representative did not Develop a training plan and and Health provide records of PPE training conduct training on PPE. sessions for the workers in the last 12 months. May-23 Occupational Safety Worker Protection During the factory tour, the assessors Post warning signals and safety and Health noticed there is no warning signals and precautions where chemicals safety precautions where chemicals containers are stored. containers are stored. [page 246] 246 May-23 Occupational Safety Worker Protection Shock absorbing mats are not available Provide anti fatigue mats for and Health for all standing workers at Heat standing workers. Transfer section. May-23 Occupational Safety Working Environment Lux level is insufficient in the Increase the lux level with and 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. May-23 Occupational Safety Working Environment Temperature level exceed 30 C in the Increase the ventilation with and Health 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 Working Environment Most of the aisles in the fabric and Provide additional space for and Health trims warehouse were obstructed by storing goods, rearranging the bundles of fabric and trim boxes. storage room. [page 247] BETTER WORK HAITI - 28TH SYNTHESIS REPORT 247 es Factory: The Willbes Haitian 2A S.A. Supplier ID 142 Location: Port-au-Prince Number of workers: 876 Date of registration: Sep-10 Date of last two Better Oct-23 Oct-24 Work assessments: Advisory and Training Services 6-Dec-24 Industry Seminar Virtual Preventing and Addressing Sexual Harassment and Abuse 19-Nov-24 Advisory meeting Meeting with compliance on the new Improvement plan. EA advised factory to set priorities and develop a corrective action plan with deadlines and responsibilities. 07-Oct-24 Training Financial Literacy 16-Jul-24 Advisory meeting Meeting with Compliance officer to review the IP. 05-Jul-24 Industry Seminar Virtual Emergency Preparedness O2-Jul-24 Industry Seminar Virtual Supervisory Skills 23-Apr-24 Advisory meeting Meeting with PICC members on priorities. Members pointed out issues such as verbal abuses from supervisors and lack of communication during challenging times. Advisor will have a meeting with the HR managers so they can implement some changes. 12-Mar-24 Advisory meeting Meeting with HR Managers on the priorities for the year. Factory faces several days of suspension due to the country situation. Managers fear about workers" security and short 01-Mar-24 Industry Seminar Virtual Preventing and Addressing Sexual Harassment for Middle Management 23-Feb-24 Industry Seminar Virtual Preventing and Addressing Sexual Harassment for Workers ASSESSMENT COMPLIANCE CLUSTER : COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment October 2024 Oct-24 Occupational Safety and OSH Management Systems The OSH policy is not signed by top Ensure to have an adequate OSH policy 26 Health management and does not establish measurable objectives and improvement tarnate Oct-24 Occupational Safety and OSH Management Systems The factory does not have an adequate Develop an adequate hazard/risk 26 Health hazard/risk management and control management and control procedure. procedures. Oct-24 Occupational Safety and _OSH Management Systems The employer does not investigate, Ensure to file evidence that management 26 Health monitors and measures OSH issues investigates and monitors OSH issues through: regular test, survey and inspections; Logging and analysis of violations of procedures. Oct-24 Contracts and Human Employment Contracts The disciplinary and termination Include the missing elements in the 17 Resources procedures are not adequate. disciplinary and termination procedures Oct-24 Contracts and Human Employment Contracts Management does not investigate Establish proper performance evaluation 17 Resources violations of HR policies and procedures. procedures. [page 248] 248 Oct24 Occupational Safety and Health Services and First Aid Expired products found in first aid boxes Ensure that the first aid boxes are well Health maintained and properly equipped. Oct-24 Occupational Safety and Health Services and First Aid Insufficient number of nurses. Ensure that the medical staff can service 141 Health the worker's needs. Oct-24 Occupational Safety and Worker Protection Standing mats were not available for Ensure to provide standing mats to all 34 Health standing workers. standing workers. Oct-24 Occupational Safety and Worker Protection 25 percent of sewing machines are missing Ensure that sewing machines have all 3 Health eye guards. their necessary guards. Oct-24 Occupational Safety and OSH Management Systems Management didn't provide any structural Provide the structural safety certificate. 34 Health safety certificate. Oct-24 Contracts and Human Employment Contracts The internal work rules does not cover date Ensure to add the date and time for the 34 Resources and time for wage payment. wage payment in the internal work rules. Oct-24 Compensation Paid Leave Annual leave payment is calculated on Ensure that the annual leave is calculated 34 worker's average salary, it is not calculated on the average daily salary. on the average daily earnings. Assessment October 2023 Oct-23 Occupational Safety and OSH Management Systems The OSH policy is not signed by top Ensure to have a OSH policy signed by top Facility already has the OSH policy Health management and does not establish management. signed by top management. measurable objectives and improvement targets. Oct-23 Occupational Safety and OSH Management Systems The factory does not have an adequate Develop an adequate hazard/risk Health hazard/risk management and control management and control procedure. procedures. Oct-23 Occupational Safety and OSH Management Systems Management did not show evidence of that Ensure to file evidence that management Facility performed OSH inspection on a Health the employer investigates monitors and investigates and monitors OSH issues monthly basis. files are kept. measures OSH issues. through: regular test, survey and inspections; Logging and analysis of violations of procedures. Oct-23 Occupational Safety and OSH Management Systems Management has not assigned Ensure to assign accountability at the Health accountability at the level of OSH level of OSH committee for carrying out committee for carrying out Health and Health and Safety responsibilities. Safety responsibilities. Oct-23 Contracts and Human Employment Contracts The disciplinary and termination Include the missing elements in the Resources procedures are not adequate. disciplinary and termination procedures. [page 249] 249 Oct-23 Contracts and Human Employment Contracts No evidence of performance evaluation Establish proper performance evaluation Resources procedures nor any investigations for procedures and evidence of violations of Human Resources policies and investigations for violations of HR policies procedures. and procedures to identify weaknesses and make necessary adjustments. Oct-23 Occupational Safety and Health Services and First Aid Insufficient number of nurses. Ensure that the medical staff can service Health the worker's needs. Oct-23 Occupational Safety and Welfare Facilities During the assessment visit soap was not Ensure that soap is available in the Facility has provided soap, in the Health available in 2 buildings. restrooms. toilets, at all time. Oct-23 Occupational Safety and Welfare Facilities Insufficient functioning toilets for women. Ensure to have appropriate numbers of Health toilets for men and women. Oct-23 Occupational Safety and Working Environment The level of lighting was insufficient in Ensure that lux level are adequate in all Health sewing and cutting sections. section of the workplace. Oct-23 Occupational Safety and Working Environment The temperature level exceeded 30C in Ensure that the temperature levels do not Health several sections. exceed 30 C. Oct-23 Occupational Safety and Worker Protection Standing mats were not provided to some Provide standing mats to workers inthe Standing mats and chairs with Health workers in the inspection section. Also, inspection section and ensure that backrest are provided to workers. several chairs were without backrest in workers are provided chairs with another building. backrests. Oct-23 Occupational Safety and Worker Protection Management did not provide ladder for the Provide ladder for the storage of boxes in A ladder was provided to workers in Health storage of boxes in the trim warehouse. the trim warehouse. the trim warehouse. Oct-23 Occupational Safety and Chemicals and Hazardous Assessors found machine oil without Ensure that all chemical used and stored Machine oil was provided with MSDS. Health Substances chemical safety data sheets in the chemical in workplace have their MSDS. warehouse. Oct-23 Occupational Safety and Chemicals and Hazardous Assessors found unlabeled chemical Ensure that all chemicals and hazardous All chemical containers are properly Health Substances containers in a toilet and the spot cleaning substances are properly labeled. labeled. area of two buildings. Oct-23 Occupational Safety and OSH Management Systems Management did not provide a structural Ensure to have the building structural Health safety certificate, and assessors observed safety certificate readily accessible. cracks in the chemical warehouse but could not verify the safety issues for workers. Oct-23 Contracts and Human Termination The annual leave payment upon Ensure that annual leave upon Resources termination is not calculated on the termination is based on the average daily average daily earning. earnings. [page 250] 250 0ct23 Contracts and Human Employment Contracts The internal work rules does not cover the Ensure that the internal work rules cover Resources break times, different categories of all categories of workers and their workers and their wages, date and time for benefits. wage payment. Oct-23 Compensation Paid Leave Annual leave payment is calculated on Ensure that annual leave is based onthe . worker's average salary, it is not calculated average daily earnings. on the average daily earnings. [page 251] 251 BETTER WORK HAITI - 28TH SYNTHESIS REPORT . Factory: The Willbes Haitian S.A (HT - Print Shop) Supplier ID 2704 Location: Port-au-Prince Number of workers: 8 Date of registration: Feb-18 Date of last two Better Jul-23 Nov-24 Work assessments: Advisory and Training Services Note: This factory has had limited operations throughout the year. 11-Oct-24 Advisory Services Virtual meeting with the bipartite committee on the factory" current operations. Meeting was held with the accountant to review the payroll. 16-Aug-24 Industry Seminar Virtual Chemical Management System 5-Jul-24 Industry Seminar Virtual Emergency Preparedness 2-Jul-24 Industry Seminar Virtual Supervisory Skills 28-Jun-24 Industry Seminar Virtual Supervisory Skills 26-Jun-24 Industry Seminar Virtual Supervisory Skills 21-Jun-24 Advisory Services Virtual meeting with HR team to work on compensation issues and update the improvement plan. 25-May-24 Bipartite Committee Meeting Virtual meeting with bipartite committee members to review the progress and monitoring of the Improvement plan. 2-Apr-24 Industry Seminar Virtual Supervisory Skills 27-Mar-24 Industry Seminar Virtual Supervisory Skills 26-Mar-24 Industry Seminar Virtual Supervisory Skills 26-Mar-24 Advisory Services Virtual meeting to discuss the participation of the factory in Better Work training, current situations and changes made at the factory. Documentation r 26-Mar-24 Bipartite Committee Meeting Virtual meeting with the bipartite committee to validate pending issues on the improvement plan. Meeting with the HR team to verify the payroll and employee contracts. 19-Mar-24 Industry Seminar Virtual Workers' Rights & Responsibilities 15-Mar-24 Industry Seminar Virtual Workers' Rights & Responsibilities 23-Jan-24 Advisory services Virtual OSH tour on emergency preparedness. Payroll Review such as ONA, OFATMA, BONI payroll, and annual leave payments. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment November 2024 Nov-24 Contracts and Human Employment Contracts The factory does not investigates Develop indicators and 16 Resources shortcomings in Human Resource investigates shortcomings in performance. Human Resource performance. Nov-24 Contracts and Human Employment Contracts The employer did not clearly assign Assign accountability at all levels of 1 Resources accountability at all levels of management for HR management for HR responsibilities. responsibilities through : Job description for HR staff and Management, Organizational chart [page 252] 252 Nov-24 Working Time Overtime The factory had no prior Request an authorization from 1 authorization from MAST before MAST, to work overtime and on working on Sunday and overtime. Sundays. Wait for authorization to be granted before working Nov-24 Working Time Regular Hours Some discrepancies were found in Instruct workers to acknowledge 47 the time records, because the factory the manual validation of the does the attendance manually when attendance system. the electronic system fails. Nov-24 Occupational Safety and Emergency Preparedness The last fire drill was conducted in Conduct an emergency drill every 6 1 Health June 2023 and the one before that, in months. December 2022. Nov-24 Occupational Safety and Emergency Preparedness The factory has an alarm system Improve the preventive 1 Health installed. However, it was not maintenance plan. Install an alarm working when the assessors asked system that is working properly in management to try it, because the the workplace. electricity breaker was off. Nov-24 Occupational Safety and Health Services and First The factory did not provide any Pay the CDS and request OFATMA 1 Health Aid prove of free medical check on a to conduct medical check on a annual basis. annual basis. Nov-24 Occupational Safety and Health Services and First The factory did not provide any Conduct medical check every 6 1 Health Aid prove of free medical check for months for workers exposed to workers exposed to work related work related hazards. hazards. Nov-24 Occupational Safety and Health Services and First The factory did not provide any Pay the CDS and request OFATMA 1 Health Aid prove of free medical check within to conduct medical check for the first 3 months of hiring. workers within the first 3 months ofhiring. Nov-24 Occupational Safety and Worker Protection The industrial platform ladder Replace or repair the industrial 1 Health missing one side rail of at least platform ladder. 0.90m as recommended by the labor Code. Nov-24 Occupational Safety and Worker Protection The battery terminals in the Install insulation cover on the 1 Health generator are not properly battery terminals. protected. Nov-24 Occupational Safety and Chemicals and Hazardous During the factory tour, three Include this aspect in the daily or 1 Health Substances hazardous chemicals were found weekly checklist and assign without chemical safety data sheets. someone to post safety data sheet where chemicals are used and stored in the workplace. [page 253] 253 Nov-24 Occupational Safety and Chemicals and Hazardous During factory tour, assessors found Develop an inventory list and 47 Health Substances 1 unlabeled container of chemical create labels for all chemical and hazardous products. products used and stored in the workplace. Nov-24 Occupational Safety and OSH Management During the assessment visit, Develop an emergency 35 Health Systems management failed to provide the preparedness procedure. emergency preparedness procedure. Nov-24 Occupational Safety and OSH Management Management did not provide any Contract a firm to assess the 16 Health Systems structural safety certificate, certifying building structural safety. the structure of the buildings meets the safety requirements for an industrial structure. Nov-24 Compensation Social Security and Other The employer collects and forward Forward workers' contribution to 1 Benefits the workers’ contribution to OFATMA within the first 10 OFATMA. At the time of assessment business days of the next month visit no proof of payment for the for the previous month. month of September was share with assessors. Nov-24 Compensation Social Security and Other The employer pays the employers' Forward employers' contribution 1 Benefits contribution to OFATMA. However, to OFATMA within the first 10 no proof of payment for the month business days of the next month of September was share with for the previous month. assessors. Nov-24 Compensation Social Security and Other The factory did not provide the Pay OFATMA work related accident 47 Benefits salary statement and the proof of on time. payment for OFATMA Work Related Accidents for the 2023-2024 fiscal year. Nov-24 Compensation Paid Leave Factory did not share any proof of Keep proof of payment for sick 1 payment for sick leave during the leave. assessment visit. Nov-24 Compensation Paid Leave Although the annual leave payment Calculate the annual leave on the 1 is calculated on worker's average average daily earnings. salary, it is not calculated on the average daily earnings. Nov-24 Compensation Wage Information, Use During the assessment, assessors Develop a manual attendance 16 and Deduction found some discrepancies in the where workers can acknowledge payrolls reviewed over the past three the working hours. months. Assessment July 2023 [page 254] 254 Jul-23 Occupational Safety and OSH Management During the assessment visit, Develop a procedure on 30 Health Systems management failed to provide the emergency preparedness that emergency preparedness procedure. includes:Reporting fires and other emergencies. Jul-23 Contracts and Human Employment Contracts There is no evidence that the factory Develop a procedure on HR 11 Resources investigates or uncovers performance indicators. shortcomings in Human Resource performance followed by a change in practice or procedure. Jul-23 Working Time Regular Hours A review of the working time record Have an accurate attendance The factory use a manual 42 and interviewed with workers recording system. attendance system with revealed discrepancies in the time workers’ signature. record. Jul-23 Occupational Safety and Emergency Preparedness The assessors noticed source of Install electrical connector and add The Wires have been 11 Health ignition not properly safeguarded. this aspect in the daily or weekly removed. Wires plug directly into an outlet in checks. Develop a proper the mechanic shop. procedure on emergency Jul-23 Occupational Safety and Emergency Preparedness Assessors observed that there is no Install à fre extinguisher in the A Fire extinguisher has been 80 Health fire extinguisher in the diesel stock Diesel stock area. installed and the weekly area. Add this aspect in the daily or checklist has been updated weekly checklist. Jul-23 Occupational Safety and Health Services and First Medical staff is not available. Hire the required medical staff. 11 Health Aid Jul-23 Occupational Safety and Working Environment The level of lighting in the workplace Install additional light 11 Health is unacceptable. Develop a preventive maintenance plan. Jul-23 Occupational Safety and Working Environment Workplace temperatures exceed Take action to reduce the 80 Health Better Work recommended temperature such as opening in temperature 30 C or below. the roof, water curtain, additional Jui-23 Occupational Safety and Working Environment Noise levels are unacceptable in the Pose level should not exceed 90 11 Health workplace. dba for workers exposed to noise 8 hours/day. 2. Measure again the noise level & compare with threshold value Jul-23 Occupational Safety and Chemicals and Hazardous The chemical inventory was not Assign staff members responsible 84 Health Substances accurate and did not include the for updating inventories of name of all chemicals used in the hazardous substances in the workplace. various locations where they are stored or used. [page 255] 255 Jut23 Occupational Safety and Chemicals and Hazardous During factory tour, assessors found Define who control the chemical 42 Health Substances 1 container with no labelling container on receipt from supplier indicating chemical classification, and control the label. hazards and safety precautions. Jul-23 Occupational Safety and OSH Management The factory did not share any Request a structural safety 11 Health Systems structural safety certificate, certifying certificate from the city council or the structure of the building meets an Engineer firm. the safety requirements for an Jul-23 Contracts and Human Employment Contracts DÉC CES an have internal Develop an Internal regulation and The Internal work rules is sent 11 Resources work rules approved by the Ministry send it to MAST for approval. to MAST for approval and it of Labor. However, management has been approved. shared with assessors a copy the internal work rules sent to MAST for proper authorization. Jul-23 Compensation Social Security and Other The factoryis affiliated with OFATMA Have an agreement with OFATMA The factory reached an 42 Benefits for accident insurance (Art 25 regarding the payment process. agreement with OFATMA to Annexed VIII code du travail), and Keep records of the salary pay its debts in several they have paid late. The factory's statement sent to OFATMA and instalments. management did not share the proof of payments. salary statement sent to OFATMA for fiscal vear 2022-2023. Jul-23 Compensation Wage Information, Use A review of the working time records Install an operational electronic The factory has developed a 11 and Deduction and interviews with workers revealed punch system. Attendance record daily attendance checklist that that only the management is and payment must be consistent. is reflected in the payroll. responsible for clocking employees in and out, without any verification by the workers themselves. [page 256] [page 257] [page 258] Better Work Haïti is supported by the following development partners : > United States, United States Department of Labor, Bureau for International Labor Affairs, Office of Trade and Labor Affairs LÉ, NS i International é1O}y renatonal CIF C | Eric ed 2 Organization Creating Markets, Creating Opportunities