(2024) Better Work Haïti : 27e Rapport de synthèse sur la conformité

[page 1] sr s 7e .* DT | "1 d « 27th Compliance | Synthesis Report July 2023 - June 2024 , | : LÉ MS ss FAN RS ST SE À L | PPASN International International V I (0) \ IFC | Finance Corporation X ÿ Labour ñ WORLD BANK GROUP d'or 4 Organization Creating Markets, Creating Opportunities [page 2] 2 277 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D Copyright © International Labour Organization (ILO) and International Finance Corporation (IFC) First published (2024) ILO publications benefit from copyright under Protocol 2 of the Universal Copyright Convention. However, their short excerpts may be reproduced without authorization because the source is indicated. For reproduction or translation rights, the application should be made to the ILO, acting on behalf of both organizations: ILO Publications (Rights and Permissions), International Labour Office, CH-1211 Geneva 22, Switzerland, or email pubdroit@ilo.org. The IFC and ILO welcome such applications. Libraries, institutions, and other users registered with reproduction rights organizations may make copies by the licenses issued to them for this purpose. Visit www.ifrro.org to find the reproduction rights organization in your country. ILO Cataloguing in Publication Data Better Work Haiti: apparel industry 27th 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 of its frontiers. The responsibility for opinions expressed in signed articles, studies, and other contributions rests solely With their authors, and publication does not constitute an endorsement by the IFC or ILO of the opinions expressed in them. Reference to names of firms and commercial products and processes does not imply their endorsement by the IFC or ILO. Any failure to mention a particular firm, commercial product, or process is not a sign of disapproval. ILO publications can be obtained through major booksellers or ILO local offices in many countries or direct from ILO Publications, International Labour Office, CH-1211 Geneva 22, and Switzerland. Catalogs or lists of new publications are available free of charge from the above address or by email: pubvente@ilo.org Visit our website: www.betterwork.org BetterWork [page 3] 3 277 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI . 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. su 07 > 4 79 EX © STATES OÙ BetterWork [page 4] Acknowledgments/Disclaimer "3 List of acronyms.........…............................ nn D Section I: Introduction and context... nennnennnenns 7 1.1 Background... inner Ÿ Section Il: Highlights of the reporting period July 2023 to June 2024... 9 COUNTY ICONE XP 1) Garment industry challenges... 10 echnicalfo perationSIE halle GE oo Section III: Milestones and key takeaways 13 AchieVementSIh Gi NES nes) Progress toward achieving results. 14 Section IV: Compliance situation in the Haitian garment industry... 22 Section V: Core labour standards non-compliance findings of the reporting PEFIOA nee SO Section VI: Better Work key activities toward sustainability 32 Annex 1: The TAICNAR Project and reporting requirements under the HOPE II Legislation... snnennnennennennnnnnnnnnennss SD TAICNAR program component 1: compliance assessments and remediation Re TAICNAR program component 2: technical assistance to strengthen the legal and administrative structures for improving compliance in the industry ……….……..36 Annex 2. Better Work's factory engagement model... 39 Annex 3. The Better Work compliance assessment methodology..…….….……..44 Better Work compliance assessment framework... 44 Annex 4: Factory findings... 6 [page 5] 5 27T# 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 Hatiens CEDATHA Centrale Démocratique Autonome des Travailleurs Haïtiens CFOH Confédération des Forces Ouvrières Haïtiennes CNOHA Centrale Nationale des Ouvriers Haïitiens CSH Coordination Syndical Haïitienne 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 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 BetterWork [page 6] 6 277 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI à UTL Union des Travailleurs Libres 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 et Maternité (Office for Work, Health and Maternity Insurance) ONA Office Nationale d'Assurance Vieillesse (National Office for Old- Age Insurance) OSH Occupational Safety and Health PAC Project Advisory Committee PAP Port-au-Prince, Haïti PIC Parc Industriel de Caracol (Industrial Park of Caracol) PICC Performance Improvement Consultative Committee PIM Parc Industriel Métropolitain (also referred to as SONAPI) PPE Personal Protective Equipment SC/AFL-CIO Solidarity Center/American Federation of Labor-Congress of Industrial Organizations SDT Table de Dialogue Social (Social Dialogue Table) TAICNAR Technical Assistance Improvement and Compliance Needs Assessment and Remediation USDOL United States Department of Labor ns BetterWork [page 7] 7 277 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D Section I: Introduction and Context 1.1 Background Haiti's apparel industry in numbers Since the start of the year, Better Work Haiti has seen a decrease in the number of registered factories in the textile sector. One factory in the Northeast has closed, and two more in Port-au-Prince are temporarily closed. In March, the sector employed around 35,419 individuals, but by May, this number had dropped to 33,857. The number of jobs continued to decrease in June, to an estimated 32, 293 jobs, resulting in a loss of 3,126 jobs in less than three months. This decline has been continuous since the last report when the sector had approximately 42,500 jobs. We have lost about 10,200 jobs, which accounts for 24% of the workforce since the publication of the 26th Synthesis Report. The decline extends beyond factory closures and job losses. Trade data from the U.S. Department of Commerce's Office of Textiles and Apparel (OTEXA) reveals a concerning drop in Haitian textile exports to the United States, a key market. In May 2024, exports reached approximately $242 million, a significant 30% decrease compared to $345 million in May 2023. This downward trend is even more pronounced when considering year-end data. Looking at the period ending in May 2023 versus May 2024, OTEXA reports a decline of 25%, with exports to the U.S. falling from nearly $893 million to approximately $670 million. The closure of factories and job losses in the Haitian textile sector reflect broader economic challenges, such as reduced demand and increased global competition. The decrease in exports to the U.S. not only affects the factories and workers but also has wider implications for the Haitian economy, which heavily depends on the textile industry, which represents most of the country's exports. The difficulties faced by the sector emphasize the need for strategic interventions to stabilize and revitalize this crucial industry. — [page 8] HAITI'S APPAREL INDUSTRY AT À GLANCE 29 32,293 6 — $242 mi Active factories in (24% loss) Active industrial Apparel exports in the program Workers zones hosting 90% USD million employed. of textile factories YTD * -30% (63% women) 29 7 11 Brands and Government Active workers’ retailers partners organizations [page 9] 9 277 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D Section Il: Highlights of the reporting period July 2023 to June 2024 Country context The period between July 2023 and June 2024 was marked by a continued deterioration of Haiïti's political, security, and humanitarian situation. Gang- related violence escalated dramatically, transforming Haïti into a landscape of terror. Armed groups expanded their territorial control, establishing fiefdoms and imposing their own brutal laws. Kidnappings, massacres, and sexual violence became commonplace, forcing thousands to flee their homes and seek refuge in overcrowded displacement camps. The capital, Port-au-Prince, became a perilous urban battlefield, as gangs fought for control of strategic neighbourhoods. The absence of a legitimate government and the ongoing political deadlock exacerbated the crisis. The state's capacity to provide essential services and protect its citizens crumbled, creating a power vacuum exploited by armed groups. Corruption and impunity remained endemic, undermining efforts to address the root causes of the crisis. Nevertheless, there have been tentative steps towards addressing the crisis. > Presidential Council: April 2024, a presidential council was established to tackle gang violence, political instability, and the insecurity crisis. This council, composed of political representatives, civil society leaders, and business owners, aims to develop a comprehensive strategy to restore security and promote economic growth. The effectiveness of the council's efforts remains to be seen. > New Prime Minister: The Presidential Council elected a new Prime Minister, who was appointed in May 2024. The new Prime Minister has prioritized addressing gang violence and improving economic conditions. He has established à new government and engaging in BetterWork [page 10] 10 277 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D multiple discussions with critical institutions. His success will depend on navigating the complex political landscape and securing cooperation from various stakeholders. > Multinational Security Support (MSS): In a controversial move, in June 2024 the Haitian government authorized the deployment of a Multinational Security Support (MSS) lead by Kenya and coordinated by the Haitian National Police with the purpose of combating gang activities. The presence of foreign troops has raised mixed reactions from the Haitian public. Some citizens express hope for improved security, while others fear foreign intervention due to past disappointing experiences. The security situation in Haiti continues to be uncertain. While some reports suggest a slight decrease in gang-related violence in recent months, much of the West and Artibonite departments remain under gang control. Key transportation routes are still vulnerable to disruption, and kidnappings and extortion remain significant threats. The success of the Presidential Council, the new Prime Minister's leadership, and the impact of the MSS will all be significant factors in determining the industry's ability to recover. À long-term solution requires addressing the root causes of growing recent insecurity, fostering economic development, driving political stability, and strengthening public institutions. Garment industry challenges The Haitian garment industry is grappling with significant challenges, compounded by the country's socio-political turmoil. The recent growing insecurity has severely affected the production capacity of factories, particularly those in the metropolitan area of Port-au-Prince. Despite starting the year with optimism, the events of February 2024, which led to the resignation of the Prime Minister, have severely disrupted factory operations. Factories in Port-au-Prince were forced to suspend operations as BetterWork [page 11] 11 277 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D armed gangs occupied the streets for days. March and April were arduous in the metropolitan area, with many factories either closed for extended periods or operating at limited capacity. Some faced shortages of raw materials, while others needed more orders from international buyers. Over the course of this year, two factories in the Northeast have been gradually reducing their operations, and one factory has permanently closed. Additionally, several factories in Port-au-Prince and the Northeast have announced plans to reduce their workforce. The permanently closed factory, which had recently started its operations with a few workers, intended to manufacture goods for a major international buyer. However, a decline in international demand, border closures, and production delays led toits closure. With the new Prime Minister's arrival, several meetings with the private sector, including ADIH (Association of Haitian Industries) representatives, have occurred. The Prime Minister has pledged support for the renewal of HOPE II and vowed to work tirelessly to restore security, which is crucial for the garment sector's operations and the confidence of international buyers. Technical operations challenges The security situation in Haïti, particularly in the metropolitan area of Port-au- Prince, continues to present a serious challenge, limiting the delivery of core services activities face-to-face. During this period, 76.51%of advisory services were conducted virtually, within a two and a half to three hour window. Advisors must use a strategic approach focusing on specific issues, given the limitation of time, technological issues, resources, and format, whereas during onsite visits, advisors do not have to face these issues and therefore can verify more improvement priorities during one visit. Nearly 48%of the assessments between July 2023 and June 2024, which represents all the assessments in P-au- P, were conducted virtually or in a hybrid mode. During this period, there were two factories in P-au-P that we assessed virtually, but previously were assessed in a hybrid mode. — [page 12] 12 277 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI à The challenge with the virtual assessments is that assessors fully rely on phone and internet communication to interview workers, receive documents, and conduct the factory tours. Often, sketchy internet connections cause delays in the process. Additionally, for the factory tour, Better Work staff must coordinate with factory's staff on site or sometimes a member of the bipartite committees or union members. There are some compliance points related to temperature, light levels and noise levels that are not measured in real time on site, but instead we rely on information received during worker interviews. LL 2 Ci \ LD ft 4 \ L e é u … 4 | 2 A 1e # ” _ Lu : Le Les : ds re | \ | D” its Re L'ése É V7. Ne b À > M | [page 13] 13 277 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D Section Il: Milestones and key takeaways Achievement highlights During the reporting period, Better Work continued to make important progress towards sustaining and advancing its long-term goals. The country context brings higher difficulties that require strategic planning, resiliency and stronger commitment. Throughout the challenges, the program maintains ongoing engagement with partners to make long-term plans on how to reach sustainable levels of engagement by strengthening social dialogue, addressing non-compliance issues, and enhancing worker well-being. The following is a summary of key actions leading to sustainable achievements. > Delivering results amidst challenges Better Work Haiti holds strong commitments throughout the challenges by leveraging collaboration with government agencies to successfully deliver core activities and achieving its targets for factory and worker outreach. The recent assessment data show a downward compliance trend in key areas such as OSH. > Sectoral grievance mechanism An increase in the percentage of complaints logged with MAST that resulted in inspections that identify, require remediation of, and, if appropriate, sanction violations of core labour standards and directly related and consistent labour laws. > Severance pay secured for 1700 workers In collaboration with BMST and MAST, Better Work Haiti supported aninternational brand to pay over $1million dollars as severance pay for workers. > Leading the charge on Gender-Based Violence and Harassment Prevention The program reunited the tripartite stakeholders in initiating the development of a sectoral GBVH policy that aims to create a safer and more equitable workplace for all workers. > Leveraging digital innovation to boost worker protection BetterWork [page 14] 14 277 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D The program is strengthening the government's capacity to enhance grievance mechanisms by expanding accessibility to complaint handling with a public mobile app. > Proactive measures to safeguard Haiti's garment industry The program facilitated productive dialogue between stakeholders on enterprise operations and labour compliance concerns related to the local insecurity situation. These conversations uncover the need to conduct a comprehensive crisis impact study (identifying potential risks, mitigation and sustainability measures) and collaborating with ILO experts on practical solutions to expand social security coverage for workers. 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. Despite the challenging national environment, Better Work Haiti remains dedicated to achieving its program goals. During this period from July 2023 to June 2024, Better Work Haïti facilitated activities to enhance the capacity of participating factories to foster meaningful social dialogue at the factory and sectoral levels. Participating factories received approximately 149 advisory services, involving either their management teams or bipartite committees, to address non-compliance issues, develop training plans for workers and managers, and create action plans to rectify identified non-compliances. Workers and managers in the bipartite committees as well stakeholders from the tripartite sector, participated in around 30 training sessions, where they engaged in meaningful discussions on workers’ rights and responsibilities, human trafficking and forced labour, effective communication, prevention of sexual harassment, and gender-based violence and harassment. Floor-level supervisors received training to improve their supervisory skills and foster better working relationships with their supervisees. Training modules were — [page 15] 15 277 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D shared with participants to help them continue building their capacity for dialogue that leads to solutions for labour issues within the factories. During this period, Better Work Haiti also reviewed its Compliance Assessment Tool (CAT) with labour inspectors from the Ministry of Labour. The aim was to help factories identify non-compliance issues affecting labour rights and relations, particularly those concerning women's issues. After aligning the CAT with current national laws and international conventions, we conducted 17 new, in-person and hybrid assessments at participating (5) factories in Port-au- Prince and (12) in the Northeast. However, there are eight factories appearing in this report, that were previously prior to January 2024. The non-compliance issues identified during these assessments were subsequently discussed with the factories during advisory sessions, enabling them to develop improvement plans that include training and remedial actions. Furthermore, Better Work advisors provided 149 advisory services to participating factories. These services focused on improving working conditions by addressing various issues, including enhancing the Occupational Safety and Health (OSH) management system, human resources (HR) management systems, and other industrial-related concerns such as employee dismissals. There were also extensive discussions on the current security situation in the country. Workers expressed concern about increasing job losses in the sector and sought ways to improve security for the sector's benefit. Additionally, there were discussions about the application of the June 2023 decree that suspended the 3*8 law and how its implementation would affect the factories' operations. 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. During this reporting period, Better Work Haiti achieved significant progress in developing a sectoral policy on Gender-Based Violence and Harassment (GBVH) to improve working conditions and workers' well-being. Engaging with tripartite social partners, Better Work Haïti organized a workshop for the Project Advisory Committee (PAC) members to introduce GBVH concepts. — [page 16] 16 277 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI à After comprehensive discussions, the PAC members have obtained a strong understanding of GBVH and have agreed to strive towards developing a sectoral policy. These discussions have resulted in a recommendation to carry out a gap analysis of Haitian labour laws about ILO Convention 190 and Recommendation 206 to assess existing gaps and propose appropriate solutions. Consequently, a Terms of Reference (TOR) has been formulated to identify a consultant who will conduct this gap analysis. The study's outcome will be shared with the tripartite partners to guide the development of the sectoral policy, marking a crucial step towards enhancing workplace safety and promoting workers’ rights in Haïti. Additionally, Better Work Haiti conducted a knowledge test among stakeholders to tailor and deliver the necessary training for developing the sectoral policy. This knowledge test ensured that subsequent training would be relevant and effective in addressing the specific needs of stakeholders. The goal is to reinforce knowledge and skills, paving the way for establishing the sectoral policy expected later this year. * LÀ PR. : - LL) en = + # LA L ” 1 > D \7 CA K - e € à .Mmemt 2 FL tel _ À « e w n L/ . d D. | L —_ # hd er, > DE! - L S ë k ‘ Lu ms le ] PISASES 7 + | ee Ê LS * . ee —— | —$ [page 17] Special stakeholders' gathering on country challenges and mitigation strategies. In response to the challenging country context, the Project Advisory Committee convened a crucial meeting with stakeholders in the garment industry on April 12, 2024. The primary goal was to share business updates and collaborate on strategies to address the ongoing crisis. During the meeting, two representatives from the employers’ association expressed significant concerns about the recurring situation's negative impact on the industry and the country's reputation among international buyers and partners. Although factories in the Northeast have been able to continue operations, they are still affected due to the concentration of primary government services and economic activities in the West. To mitigate the situation's impact, some factories have implemented rotations and production reductions within legal limits, which have negatively affected workers’ incomes and job security amid rising living costs. Stakeholders emphasized the urgency for the government to take swift and concrete actions to restore a safe environment conducive to the resumption of business activities. 4 . 7” = d L . 1 d J. , ‘œus : Ly ÉPPIRET LCR - 7 ue = æ ” JL % à L 3 ? x | # [page 18] 18 277 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D GOVERNMENT INSTITUTIONS SUCH AS THE MAST LABOUR INSPECTORATE, ONA, AND OFATMA HAVE INCREASED ORGANIZATIONAL CAPACITY TO PROVIDE ELIGIBLE SERVICES TO WORKERS. Better Work Haiti continues collaborating with the Ministry of Labour and the Office of the Ombudsperson for the Textile Sector (BMST) to enhance its capacity to serve its constituents effectively. During this reporting period, Better Work Haïti reaffirmed its commitment to providing logistical support to the labour inspectorate division of MAST, enabling them to conduct regular inspections, including in the textile sector. Representatives from MAST and the Office of the Ombudsperson also participated in training sessions and industry seminars offered by Better Work Haïti, enhancing their knowledge of workplace communication, the prevention of sexual harassment, and workers rights and responsibilities. Building on the success of the Digital Complaint Management System launched by BMST in 2022, Better Work Haiti is now supporting the development of a Mobile App, set to launch in the third quarter of 2024. This multi-language (English, French, Creole, and Spanish) app for Android and iOS devices aims to extend accessibility to the complaint management solution's web portal. The app will allow users to report complaints, track their status, view details, and browse other helpful information to improve user experience and accessibility significantly. It will facilitate more accessible communication with BMST and provide regularly updated, helpful information. This tool will bring all public features of the system readily accessible to the fingertips of stakeholders through their devices. BMST was instrumental in fostering a climate of social dialogue within the sector, by taking the lead in organizing bilateral meetings between representatives of workers and employers, in search of solutions to the various labour issues facing the sector. As per reports submitted by BMST, they processed 60 complaints from individual workers or from union representatives on behalf of workers. The complaints are mostly for dismissals that the workers deemed arbitrary or — [page 19] 19 277 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D temporary suspensions that are contested by the workers. There were some other cases related to maternity leave payments that the plaintiffs did not receive from the Office for work-related accident, maternity and health insurance (OFATMA). Most of the cases are discussed and resolved through mediation. However, during this period BMST transferred six cases of arbitrary dismissals to MAST for follow up. Among the cases received by BMST, during the period, there was a case of an unannounced factory closure that left approximately 880 direct and indirect workers jobless, with no other source of income. BMST joined with Better Work Haiti to convene several meetings with the employer, the representative of the workers, the buyer, and representatives of MAST, to address the situation. In the end, with the support of resources provided by Better Work Haiti, alongside additional verification from MAST, ONA and OFATMA, BMST was able to secure the funds to pay all workers their last salary and severance pay. PARTNERSHIPS WITHIN THE MULTILATERAL SYSTEM WERE DEVELOPED TO PROMOTE AND ADVANCE POLICY CHANGE IN THE GARMENT SECTOR. Aware of the garment sector's challenges, Better Work Haiti has implemented several initiatives to foster sustainable changes in the industry. Better Work Haiti is conducting a sector crisis impact study, including a supply chain risk analysis, to identify, prevent, and minimize risks that could escalate into crises affecting the garment sector. This study also examines the employment situation from workers" and employers' perspectives, priorities, needs, capabilities, and challenges. Based on the findings, stakeholders will be provided with proposals for concrete measures to mitigate these risks. In February 2024, Better Work Haiti, in collaboration with the ILO Haiti country program, provided training on extending social security coverage to its constituents, particularly those involved in social security services. The training strengthened the capacities of ILO tripartite constituents to review and explore potentials to expand their current social security coverage to include the informal economy. Thirty-eight (38) participants attended the training from — [page 20] 20 277 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D ONA and OFATMA, representatives from worker organizations, and other government entities. LESSONS LEARNED Recent activities and interactions with stakeholders in Haïiti's garment industry point to a critical lesson: open and transparent social dialogue is essential for progress. This engagement between government, employers (factories), and workers (unions/representatives) has yielded clear benefits: > Smooth issue resolution: When all parties are involved in discussions, problems can be addressed more effectively and timely. Concrete examples have shown how collaborative dialogue leads to smoother solutions. > International buyer involvement as a catalyst: The participation of international buyers has proven to be a driving force in moving issues remediation efforts forward. Their involvement has been instrumental in resolving many problems at the factory level, such as non-compliance issues, and ensuring fair treatment for workers during factory closures, such as proper compensation and severance. > Government involvement: The Ministry of Social Affairs and Labour and the Office of the Ombudsperson have been crucial in mediating negotiations between factory managers, international buyers, and workers during factory closures. This active participation demonstrates the government's commitment to establishing a clear, compelling, and transparent grievance system to provide remedies and ensure that companies are responsible for protecting workers’ rights. » Building trust through collaboration: Increased collaboration between the Ministry of Labour and the Office of the Ombudsperson and their frequent presence at factories during challenging situations is gradually building trust among workers and factory management. Strategic partnerships Collaboration with the different ILO offices (NORMS, BetterWork [page 21] 21 277 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D ACTEMP, LABADMIN) is an effective way to support constituents as it fosters a comprehensive approach to addressing labour issues in country. By leveraging the ILO's extensive network, constituents in Haiti had access a wealth of resources, expertise, and best practices that are critical for developing robust labour policies and programs. These lessons highlight the importance of fostering an inclusive and collaborative environment where all voices are heard. By continuing to strengthen tripartite social dialogue, Haïiti's garment industry can navigate challenges more effectively and create a more sustainable future for all stakeholders. BetterWork [page 22] 22 277 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D Section IV: Compliance situation in the Haitian garment industry The overall trend of non-compliances in the Haitian garment industry This section provides an overview of non-compliance findings in 25 factories that participated in assessments at least once between July 2023 and June 2024. The data presented reflects the latest assessment results for these factories. The overall non-compliance rate is determined by the total number of factories that show non-compliance in at least one question on at least one compliance point. From January to June 2024, Better Work Haiti conducted 17 new assessments - 14 in-person and 3 hybrid - with assistance from inspectors from the Ministry of Social Affairs and Labour. Three factories could not be assessed in the first quarter of 2024 because they were temporarily closed for security reasons during that period. However, their factory tables will include any improvements made since their last assessments. Verification of improvement plans occurred either during on-site visits or virtually through documentation requests during advisory services, with discussions involving bipartite committee members from both the worker and management sides. Additionally, two factories are permanently closed and will not be included in this report. The charts below illustrate the non-compliance findings for the 25 assessed factories, with non-compliance rates indicated in percentage. It is important to note that these reports are issued biannually, even though assessments occur annually, resulting in issues reported across two consecutive synthesis reports. BetterWork [page 23] 23 277 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI à Non-compliance rates by Compliance Point - July 2023 - June 2024 5 Ë Child Labourers 0% ZE 3 Documentation and Protection of Young... 0% © S Hazardous Work and other Worst Forms 0% E = Gender =m8% 5 & Race and Origin 0% af Religion and Political Opinion 0% L Bonded Labour 0% Ë 3 Coercion 0% ë # Forced Labour and Overtime 0% Prison Labour 0% 5 € £ ES Collective Bargaining = 36% ESS Freedom to Associate m 4% £ ÊS € Interference and Discrimination 0% v a = Fa Strikes 0% Ë se Union Operations 0% Method of Payment nm 8% 5 Minimum Wages/Piece Rate Wages 0% 5 Overtime Wages x 5 2% 5 Paid Leave 0 20 Ê Premium Pay sm 12% o Social Security and Other Benefits mn 34% Wage Information, Use and Deduction 410% u c si Contracting Procedures nm 8% œ D Ê 5 Dialogue, Discipline and Disputes 0% E & 3 9 Employment Contracts sms Scan ô T & Termination ne 7(c7sun = Chemicals and Hazardous Substances O2 o Emergency Preparedness soon O7 an S Health Services and First Aid sm) un E ÿ OSH Management Systems En 3 0% 5 © Welfare Facilities mn 7 6% ee = Worker Accommodation =4% F5 Worker Protection sms S 4 O Working Environment sm 30% D & Leave sm 28% = Overtime mn 56% £ = Regular Hours mms 52% 0% 20% 40% 60% 80% 100% m Non-compliance rate (n= 25) BetterWork [page 24] 24 277 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D Although the Occupational Safety and Health (OSH) cluster has the highest non-compliance rate, a closer examination of specific compliance questions reveals a decrease in non-compliance rates. Nearly every factory exhibited non- compliance on at least one question within the respective compliance point. While initial data showed a low overall compliance rate (92%) for the "Chemicals and Hazardous Substances" section of our factory assessments, a deeper dive reveals a more nuanced picture: > Improper Labelling Most Common Issue: Most factories (60%) fell short of adequately labelling chemical products. This often involves missing labels entirely or labels lacking crucial information like pictograms. > Safety Data Sheets Missing in Many Factories: Another key area of non- compliance (60%) involved the absence of chemical safety data sheets for on-site products. These data sheets provide vital information on handling the products safely, including accident response procedures. > Inventory Management Shows Improvement: Positive progress was observed in maintaining an inventory of chemicals and hazardous materials, with a non-compliance rate of 68%. This is a significant improvement from historical rates of around 80%, suggesting factories are making a concerted effort in this area. > Other Areas with Lower Non-Compliance: Encouragingly, other aspects of chemical safety showed lower non-compliance rates. Only a few factories (3 out of 25) improperly stored chemicals, and an even smaller number (2 out of 25) failed to train workers on handling hazardous substances. Additionally, 8 out of 25 factories lacked adequate measures to prevent worker exposure to chemicals. These findings highlight both areas needing improvement and positive trends in chemical safety practices within Haïitian garment factories. Continued efforts are needed to ensure proper labelling, readily available safety data sheets, and robust worker training and protection measures. The progress in inventory BetterWork [page 25] 25 277 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D management is a promising sign; similar improvements will be observed in other areas. The chart below outlines the questions in the Chemical, Hazardous Substances compliance point, and the non-compliance rate for each question. Non-compliance rates in Chemical and Hazardous Substances Has the employer effectively trained workers who work with chemicals and hazardous EN 8% substances? Are chemicals and hazardous substances properly stored? ER 12% Has the employer taken action to assess, monitor, prevent and limit workers'exposureto DE 32% chemicals and hazardous substances? Does the employer provide adequate washing facilities and cleansing materials inthe eventof DE 48% exposure to hazardous chemicals? Does the employer have chemical safety data sheets for all the hazardous chemicals used in EEE 60% the workplace? Are chemicals and hazardous substances properly labelled? DEEE 60% Does the employer keep an inventory of chemicals and hazardous substances usedinthe DEEE 68% workplace?.. 0% 20% 40% 60% 80% 100% Emergency preparedness is a crucial compliance point within the OSH cluster, comprising eleven compliance questions, and it exhibits a high non-compliance rate. The question regarding emergency exits and escape routes and adequate fire-fighting equipment show the highest non-compliance rates at 68% and 52%, respectively. AIl other questions in this compliance area have non- compliance rates below 50%, with the questions about flammable material BetterWork [page 26] 26 277 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D storage and worker preparedness for emergencies showing a non-compliance rate of 0%. During the reporting period, Better Work assessed all factories under the June 2023 decree, modifying the Compliance Assessment Tools (CAT) to incorporate all labour code articles that have resumed enforcement. Some questions, particularly on compensation and working time, were added to the CAT at the beginning of the year and reflected assessments conducted from January to June 2024. The assessments revealed that not all factories fully comply with the reinstated labour code articles. Despite efforts to implement the new decree, some articles still need to be addressed, mainly due to a lack of understanding or misinterpretation. Although Better Work provided training on national labour laws to factory managers in the Northeast in September 2023, the data indicates a continued need for additional training on this topic. Better Work Haiti has planned several training sessions on labour law for the remainder of 2024. > Compensation priorities: While initial data for the "Compensation" cluster suggests overall non-compliance issues, a closer look reveals specific areas requiring immediate attention: overtime wages, paid leave, and social security benefits. > Overtime pay discrepancies: 63% of factories were found to be incorrectly compensating workers for overtime work after 6 p.m. This means that workers are not being paid the correct amount because the overtime rate is not being applied to their correct base salary. > Paid leave shortfalls: We have identified significant non-compliance with paid leave at the assessed factories. Out of the 17 factories assessed, 10 failed to compensate workers for legally mandated holidays properly. Instead of paying workers based on their average daily salary, these factories paid them based on the minimum wage, resulting in underpayment. Moreover, 11 factories did not correctly pay workers for the weekly rest day, as they also paid based on the minimum wage — [page 27] 27 277 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D instead of the average daily salary. These underpayments for rest days and holidays have a ripple effect, affecting maternity and sick leave pay. Our data also reveals that 56% of factories failed to compensate for maternity leave adequately, and 40% were non-compliant with sick leave compensation. During this reporting period, data shows that 68% of the factories did not collect and forward the appropriate contributions to OFATMA for Social Security compliance, while 64% were non-compliant regarding contributions to ONA. Additionally, 52% of the factories 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 payments were sent to ONA or OFATMA late. Some factories only contribute the employers’ portion to OFATMA for maternity and health insurance, and the workers’ contribution is not deducted and sent to OFATMA, hence the non- compliance. Unlike previous data reviews, this period revealed that 28% of factories did not correctly pay workers the annual salary supplement or bonus because it was not based on their average daily earnings. The suspension of the 3*8 law led to widespread violations of factory labour regulations, including exceeding overtime limits, unauthorized Sunday labour, and lack of Ministry of Social Affairs and Labour approval for overtime. Additionally, some factories consistently surpassed legal workweek limits and needed more authorization for night shifts. The assessment data from this period highlights specific questions in the compensation cluster presented in the chart below that require close attention. — [page 28] 28 277 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D Compliance issues arising from reinstated labor laws post-3x8 suspension. Pay workers 100% above the normal . EN 53% wage for all overtime hours worked at... Pay workers correctly for weekly rest EN © days dr mandated holidays de Daily or weekly working hours exceed imi DEN the legal limit Comply with limits on overtime hours OO 75% Authorization from the Department of : EN 51% Labour before working overtime 0% 20% 40% 60% 80% 100% Key compliance progress highlights the Haitian labour regulations In recent years, Better Work Haïti has prioritized Occupational Safety and Health (OSH) initiatives to address persistent compliance challenges within the sector. To this end, the program has conducted industry-wide seminars and targeted training programs focusing on areas such as chemical management systems and inventory management. While the number of factories included in this report is slightly lower than in the previous report, the chart below illustrates an overall downward trend in key OSH indicators during this period, on some key OSH questions. BetterWork [page 29] 29 277 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D Key compliance progress on Occupational Safety and Health between June 2023 to July 2024 6 Safety warnings posted in the 5 0% es workplace 2 p M :: © o 5 Provide workers with all necessary _ personal protective clothing and — œiE £ equipment u 2 Provide workers enough free safe = drinking water 125e 5 39% LL [0] = Adequate workplace eating area £ 8% Z 23% & 5 Equip with fire detection and alarm D > a system 36% É oo 45% nu à É u Keep an inventory of chemicals and UE: Ë hazardous substances Es © © & 84% É S ee A : n S 2 E Properly labelling of chemicals and ®] hazardous substances EURE 84% d D First-aid training provided to workers 5 < 36% o à 45% un = cEÆ 5 Z Health cards provided within the first 3 2 S months of hiring 28% 50% 0% 20% 40% 60% 80% 100% m27th, July 2024 m26th, June 2023 BetterWork [page 30] 30 277 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 During this reporting period, Better Work Haiti assessors identified non- compliance with one or more articles of the collective bargaining agreement in all factories in an industrial park in the Northeast. Assessors discussed the violations with each factory during the assessments and provided recommendations. FREEDOM OF ASSOCIATION: FREEDOM TO JOIN A UNION FACTRORY 1 A factory in Port-au-Prince was cited for a violation of Freedom of Association. This issue was first identified in April 2023, but during the assessment in February 2024, the factory was cited again for failing to take remedial action. The factory was initially found to have wrongfully terminated union members. Better Work recommended that the factory reinstate the dismissed workers. As of May 2024, the factory had reached an agreement with the union to reinstate all six workers that were dismissed. However, until this report, five workers were reinstated and attempts to join the other worker were unsuccessful (unverified information indicates that he/she would be already employed elsewhere). The reinstated workers received back pay for eight months and were place back in a line similar to where they had been working prior to their dismissal. FACTORY 2 This case dates back to a wrongful dismissal that Better Work Haiti found at a factory in April of 2022. Initially, several union members were fired at the end of 2021. After several meetings, the factory had refused to reinstate the BetterWork [page 31] 31 277 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI à workers. Finally, in May of 2023, the factory agreed to gradually reinstate all 16 workers and by August of 2023, all workers were reinstated. … + L nn. = . * Pr Tee nm. ns — v PET OU 1 “ONE N, À » “f - 2. : hs nd. Ÿ + À ! | - j <= : f : D = — mf . € Si € ; " \q [ \ “ És s T ee a d th. ee ï MORE — ; M: 08 D LI 7 LR al SA. NUE - [page 32] 32 277 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D Section VI: Better Work key activities toward sustainability In this section, we will provide an update on the key training activities carried out by Better Work Haiti from July 2023 to June 2024. Due to the local context, Better Work Haiti delivered these training services mostly virtually per its mandate under the Hope II law. Some training sessions were delivered virtually or in person for factories in the northeast. TRAINING During the reporting period, Better Work Haiti delivered a total of 30 training sessions. The program successfully conducted three training sessions on preventing sexual harassment, engaging 1713 participants, including 716 women. Attendees included workers from participating factories, representatives from the Office of the Ombudsperson, and the Ministry of Social Affairs and Labour. Participants reported an improved understanding of the various forms of sexual harassment in the workplace, though they also noted challenges in addressing this sensitive issue. Better Work Haïti plans to monitor the training's impact through factory-level surveys to assess workers’ understanding and track the number of cases reported to factory managers and Better Work. Furthermore, Better Work Haiti hosted an industry seminar on Supervisory Skills for representatives from eight participating factories, the Office of the Ombudsperson, and the Ministry of Social Affairs. Fifty-three (53) men and Eighteen (18) women, including supervisors and managers, received training in essential skills for effective workplace supervision. The seminar aimed to help them build relationships and trust with workers, communicate effectively, manage stress, and motivate others. In addition, 18 factories took part in two training sessions on workers’ rights and responsibilities, which were attended by 182 participants, including 106 women. The training helped to reinforce their knowledge of global working BetterWork [page 33] 33 277 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D standards and the fundamental rights at work, as defined by the ILO declaration. The participants gained valuable insights into their rights and responsibilities, and were provided with resources for further information, empowering them to further educate themselves on these important issues. Better Work Haiti and its partners recently participated in a results-based management training session to enhance their focus on achieving measurable outcomes. The training provided them with tools to demonstrate the concrete results achieved through their efforts. This new emphasis on results-based management will lead to a more data-driven and outcome-oriented approach to BWH'Ss strategy and activities, ultimately resulting in a greater impact on the Haitian garment industry. After meeting with the head of the Commission against Forced Labour and Human Trafficking, we realized the need to improve stakeholders' understanding of the convention against forced labour and human trafficking. Our aim is to ensure that factories do not force workers to work excessive hours and violate the conventions. As part of our mandate, we must train sectoral stakeholders, including labour administration personnel and judicial officers, on the application of international labour standards. Better Work Haiti, in collaboration with ILO Norms and the Legal Section of MAST, organized a two- day training session on Human Trafficking and Forced Labour. The aim of the training was to increase the capacity of labour inspectors, conciliators, and magjistrates of the Special Labour tribunal to recognize the phenomenon of human trafficking and forced labour. The 68 participants, including 18 women, were also educated on how it relates to the promotion of decent work. This training allowed participants to have a better understanding of national labour legislation, and international ILO conventions ratified by Haïti with an approach based on human trafficking and forced labour. Better Work Haiti collaborated with ILO Norms and organized a workshop on C190 and R206. The workshop had forty participants, including eight women, who represented the government, workers' associations, employers' associations, and several factory managers. The main objective of the workshop was to raise awareness among stakeholders about this convention — [page 34] 34 277 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D so that they can lobby for its ratification when the country's political situation allows it. This workshop has allowed us to increase the stakeholders’ knowledge of the convention and applicable recommendations. The specific objectives of the workshop were the following: > Enhance the understanding of key stakeholders on progress made, challenges, lessons learned, and good practices in preventing and addressing violence and harassment in the world of work with a focus on gender-based violence and harassment. > Enhance key stakeholders' understanding of the new framework for action to eliminate violence and harassment in the world of work, in line with C190 and R206. COLLABORATION WITH THE GOVERNMENT In collaboration with the Office of the Ombudsperson, Better Work Haïti is surveying to assess its sustainability. The survey focuses on self-sufficiency, local ownership, and adaptability in improving labour conditions through social dialogue, transparency, compliance, and gender equality. The findings from this survey will help Better Work Haiti understand its strengths and weaknesses, identify areas for improvement, and ensure long-term success in promoting fair and safe working conditions in Haiïti's garment industry. BetterWork [page 35] 35 277 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D Annex 1: The TAICNAR Program and reporting requirements under the HOPE II legislation In 2006, the United States Congress enacted the Haiti Hemispheric Opportunity through Partnership Encouragement Act of 2006 (HOPE), expanding preferences for Haitian apparel established under the Caribbean Basin Economic Recovery Act, thus enabling the Haitian apparel industry to benefit from new duty-free preferences. In 2008, these preferences were further expanded through HOPE II legislation, which also established new standards and programs strengthening and monitoring working conditions in the apparel sector. On May 24, 2010, the Haïti Economic Lift Program of 2010 (HELP Act) was signed into law to expand existing preferences to contribute to Haiti's economic growth and development in both the textile and apparel sectors. Among its provisions, the HELP Act extended almost all the trade preferences established under HOPE and HOPE II. In 2015, the US Government extended the Haiti HELP/HOPE provisions until 2025. To benefit from HOPE/HOPE II/HELP, Haiti was required to establish an independent Labour 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 labour standards and national labour 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 strengthenits 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 36] 36 277 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, particularly 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 (11) to enforce labour laws and resolve labour 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 BetterWork [page 37] 37 277 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D aimed to strengthen the Ministry's capacities to improve apparel factories” compliance with international standards and national labour 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 five-Vear 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. LL é nn + . , FI ; _ — - . L S. . ; « . . … L e ‘ à > / r y | : Ed PEBASUS : DT | ñ| [page 38] SEC. 15403. LABOUR 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. (ïi) For each producer listed under clause (ii) — (I) a description of the deficiencies found to exist and the specific suggestions for remediating such deficiencies made by the entity operating the TAICNAR Program. (II) a description of the efforts by the producer to remediate the deficiencies, including a description of assistance provided by any entity to assist in such remediation; and (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 39] 39 277 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D Annex 2. Better Work's factory engagement model The key principles of Better Work's revised factory engagement model are ownership, accountability, dialogue, and partnership. The core offerings are advisory sessions, an annual assessment, and trainings. Better Work's factory engagement model stresses the importance of advisory sessions 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 types of engagement 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 sessions under the revised Better Work factory engagement 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. — [page 40] 40 277 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D Better Work reporting has two elements - reports completed and verified by the Better Work program and completed and released directly by factories. The Better Work factory reports consist of the assessment report released roughly 30 days after the unannounced assessment visit. Then later in the cycle, in the 11th month of the cycle, Better Work then publishes a progress report detailing improvements on compliance issues and in-factory dialogue, continuous learning, and effective management systems. Better Work also provides additional recommendations in this report to further strengthen the improvement process. Factories report through the Better Work portal. This portal is the platform that is also used by Better Work to share factory data with authorized international brands that subscribed to a specific factory in either of the Better Work country programs. The enhanced portal with the revised self-reporting function also offers the opportunity for factories to update their improvement plan themselves. The improvement plan lists a factory's non- compliance points from the last Better Work independent assessment together with any other issues that the factory itself identified as areas for improvement. Once the factory updates its improvement plan online, the information is immediately available to buyers and Better Work. However, this feature has some limitations with regards to the factories’ editing rights as only Better Work can update the status of a non-compliance issue from “delayed,” “pending,” or “in progress” to “completed” after verification of evidence of remediation. Factory reporting then continues with the first progress report, which is published approximately five months after the start of the cycle. This report includes progress made to date on all self-diagnosed issues and those identified by Better Work during the assessment. This report has a pre-set structure from Better Work, and it is made available to authorized buyers and indicates initial progress and planned steps for the remainder of the cycle. The Better Work role for this first progress report will be limited to coaching factories on how to engage in effective self-reporting and ensure continued progress on closing areas of non-compliance. The Better Work Enterprise Advisors then write their progress reports towards the end of an annual cycle of each factory. — [page 41] 41 277 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D An overview of the sequence of the different components of the Better Work factory engagement model under this revised approach can be found in the illustration below: Start Cycle Le e | 9 = 5 6 KG 4 D / . EC Ab \ e / au 4 % / % 5 Nous ce \ FH #L LAN € | < eut S 2z \ Pl F \ \ S° [ % \ re # $ N° f " d ÿ Goo nn RO Lyjuon Seqguence and components of annual Cycle under Better Work's factory engagement 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 BetterWork [page 42] 42 277 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D as “stage one.” For factories that have been with Better Work for several years, we will respond to requests for greater autonomy in the day-to-day advisory sessions, fewer assessments, and tailored engagement that respondés to their more advanced needs, for example relating to systems development, purchasing practices, productivity and quality, and mature industrial relations. BetterWork [page 43] . À - + = » + 2 , : « ‘ h » V4 Pr | 2 ni ‘ “. ES d #08 | & | £ ru fÈ | | Le 67 [page 44] 44 277 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 labour standards and national labour law. Following assessments, a detailed report is prepared. Findings are shared with the factory presenting findings on eight clusters, or categories, of labour standards, half of which are based on international standards and half on national legislation. CORE LABOUR 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 labour, the abolition of child labour, 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 labour 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 Haitian law. WORKING CONDITIONS: The four other clusters assess conditions at work, including compensation, contracts and human resources, occupational safety and health, and working time. The compliance points covered in these clusters are broadly consistent across countries; however, each compliance point contains specific questions that may vary from country to country due to differences in national legislation. National legislation is used as a reference — [page 45] 45 27'# 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 Compliance Compliance Point Compliance Issue Cluster Child Labour Child Labourers Workers under the age 15 Documentation and Age verification system Protection of Young Workers A medical certificate and/or an employment certificate or permit delivered by the Director of Labour provided by workers under age 18. Register of workers under age 18. Hazardous Work Workers under age 18 working at night. and other Worst Forms Workers under age 18 working overtime. Workers under age 18 doing work that is hazardous by nature. Discrimination! Gender Changing the employment status, position, wages, benefits, or seniority of workers during maternity leave. L 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 labour 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 labour law does not identify grounds for discrimination beyond those cited in Conventions 100 and 111. BetterWork [page 46] 46 277 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D 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 Origin Conditions of work (race, color, origin) Harassment (race, color, origin) Hiring (race, color, origin) Pay (race, color, origin) Promotion or access to training (race, color, origin) Recruitment materials (race, color, origin) Better Work [page 47] 47 277# COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D Termination or retirement (race, color, origin) Religion and Conditions of work (religion or political opinion) Political Opinion Harassment (religion or political opinion) Hiring (religion or political opinion) Pay (religion or political opinion) Promotion or access to training (religion or political opinion) Recruitment materials (religion or political opinion) Termination or retirement (religion or political opinion) Forced Labour Bonded Labour Debts for recruitment fees owed to the employer and/or a third party Coercion Coercive tactics. Delaying or withholding wage payments. Forced labour 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 BetterWork [page 48] 48 277# 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 Labour Forced overtime under threat of penalty and Overtime Prison Labour Prison labourers Freedom of Collective Access to collective bargaining agreement. Association Bargaining | | and Collective Collective agreement is less favou | Bargaining rable for workers than what is required by national law. Collective bargaining/bargaining in good faith. Implementation of a collective agreement. Freedom to Freedom to form and/or join a union Associate Requiring workers to join a union. Interference Attempt(s) to interfere with, manipulate, or and discrimination control the union(s). Freedom to meet without management present. Incentives to refrain from joining a union or engaging in union activities. Punishment of unionists BetterWork [page 49] 49 277# 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. Compensation Method of In-kind wage payments. Payment Regular and timely payment of wages. Wage payment directly to workers at the workplace on working days Wage payment in legal currency. BetterWork [page 50] 50 277# COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D Minimum Wage Correct payment of piece-rate workers when their piece-rate earnings exceed minimum wage. Payment of minimum wage for apprentices. Payment of minimum wage for temporary workers. Overtime Wages Payment for ordinary overtime. Payment for overtime hours worked on holidays. Payment for overtime worked at night. Payment for overtime worked on weekly rest days. Paid Leave Payment for annual leave. Payment for breastfeeding breaks. Payment for legally mandated holidays. Payment for maternity leave. Payment for sick leave. Payment for weekly rest days. Premium Pay Payment for regular hours worked at night. Payment for regular hours worked on holidays Payment for regular working hours worked on weekly rest days Social Security and Collecting and forwarding workers’ social Other Benefits insurance contributions funds to ONA. BetterWork [page 51] 51 277# COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D Employer contribution to OFATMA for maternity and health insurance. Employer contribution to OFATMA for work- related accident insurance. Employer contribution to ONA. Forwarding of workers’ contributions to OFATMA. Payment of annual salary supplement or bonus. Wage Information, Deductions from workers’ wages. Use, and Deduction Informing workers about wage payments and deductions. Payroll records. Contracts and Contracting Limits on the trial period for apprentices. Human Procedures Resources Dialogue, Discipline Bullying, harassment, or humiliating treatment and Disputes of workers. Disciplinary measures Resolution of grievances or disputes. Employment Contracts for all persons performing work for Contracts the factory. Employment contracts’ compliance with the labour code, collective agreement, and/or internal work rules. Internal work rules. BetterWork [page 52] 52 277# 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 Occupational Chemicals and Assessing, monitoring, preventing, and/or 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. BetterWork [page 53] 53 277# COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D Train workers who work with chemicals and hazardous substances. Washing facilities or cleansing materials in the event of chemical exposure. Emergency Accessible, unobstructed, and/or unlocked Preparedness emergency exits during working hours, including overtime. Fire detection and alarm system. Fire-fighting equipment. Marking or posting of emergency exits and/or escape routes in the workplace. The number of emergency exits. Periodic emergency drills. Safeguarding possible sources of ignition Storage of flammable materials Training workers to use the fire-fighting equipment Health Services Annual medical checks for workers. and First Aid First-aid training for workers. Health checks for workers who are exposed to work-related hazards. Medical checks for workers upon hiring. Onsite medical facilities and staff. BetterWork [page 54] 54 277# COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D The employer did not ensure a sufficient number of readily accessible first aid boxes/supplies in the workplace. Safety and health risks to pregnant or nursing workers OSH Management Assessment of general, occupational safety, and Systems health issues in the factory. Legally required construction/building permits Mechanisms to ensure cooperation between workers and management on OSH matters. Recording work-related accidents and diseases and/or submitting the record to OFATMA. Written OSH policy. Welfare Facilities Certain required facilities. Eating area. Providing drinking water. Toilets. Washing facilities and/or soap. Worker Accommodation separate from the workplace Accommodation Cooking or storage facilities in the accommodation. Lighting in the accommodation. Minimum space requirements in the accommodation. BetterWork [page 55] 55 277# COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D Preparation for emergencies in the accommodation. Privacy in the accommodation. Protection against disease-carrying animals and/or insects in the accommodation. Protection against fire in the accommodation. Protection against heat, cold and/or dampness in the accommodation. Protection against noise in the accommodation. Toilets, showers, sewage, and/or garbage disposal systems in the accommodation. Ventilation in the accommodation. Water in the accommodation. 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. BetterWork [page 56] 56 277# COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D Training and encouragement of workers to use PPE, machines, and/or equipment safely Working Workplace cleanliness Environment Workplace lighting. Workplace noise levels. Workplace temperature and/or ventilation. Working Time Leave payment in place of annual leave Time off for annual leave. Time off for breastfeeding breaks. Time off for maternity leave. Time off for sick leave. Overtime Authorization from the Department of Labor for overtime. Authorization from the Department of Labor for work on Sundays. Limits on overtime hours worked. Voluntary overtime. 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. ® BetterWork [page 57] 57 277 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 labour standards clusters. A factory is reported as non-compliant in a subcategory if it is found to be out of compliance on any issue addressed within the subcategory. With respect to the figures presented in synthesis reports, for example, a non- compliance rate of 100% means that all participating factories were found to have at least one violation in that area. The Better Work program supports fair and transparent public reporting. In all Better Work country programs, synthesis reports containing aggregated information on the industry are prepared based on the individual factory assessment reports and published twice a year. Better, work is currently expandingits reporting in the other Better Work countries to include individual factory-level compliance information, as is already the case for Haiti. Evidence shows that public reporting of this kind helps encourage continuous improvement and reduces the probability of reversing compliance gains. In 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 labour standards and gathering general information about the factory.2 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 analysed to produce a detailed assessment report. Before the reports become official, factories are given seven calendar days to provide feedback. 2 Better Work Haiti Compliance Assessment Tool (CAT) including their legal references can be accessed here: http://betterwork.org/haiti/?page_id=1731 — [page 58] 58 277 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 labour 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 labour 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 59] 59 277 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 a potential problem and demonstrating an increased openness to address it. Several factories are therefore working on the prevention of sexual harassment in the workplace. Better Work's — [page 60] 60 277 COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI D 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. BetterWork [page 61] 61 27T# COMPLIANCE SYNTHESIS REPORT UNDER HOPE - HAITI à Annex 4: Factories findings BetterWork [page 62] BETTER WORK HAITI - 27TH SYNTHESIS REPORT =, Factory: Bon Kalite International, S.A Location: Ouanaminthe Number of workers: 938 Date of registration: May-21 Date of last two Better Jun-23 May-24 Work assessments: Advisorv and Trainina Services 26-Jun-24 Industry Seminar Virtual Supervisory Skills 12-Apr-24 Advisory services Virtual meeting to verify the changes in the payroll such as social security contributions, payment upon terminations and leaves. Session on HR management systems. 26-Mar-24 Industry Seminar Virtual Supervisory Skills 29-Feb-24 Advisory services Virtual meeting to present the role and objectives of the bipartite committee. Session with the compliance team on internal policies and procedures in place such as OSH policy, internal work rules, procedure for pregnant and breastfeeding woman. Follow up on training plan. 27-Feb-24 Industry Seminar Virtual Preventing and Addressing Sexual Harassment for Supervisory 23-Nov-23 Advisory services Conducted a factory tour to verify the improvement made from the last visit and follow up on emergency preparedness. Bipartite meeting on priorities and assignation of responsibilities. Follow up on persistent non compliance action plan. 20-Sep-23 Industry Seminar Human Resources Management (HRM) 13-Sep-23 Advisory services Conduct a factory OSH tour with a focus on emergency preparedness, interview with OSH committee members to understand the root causes of Persistent OSH non compliance. 31-Aug-23 Industry Seminar Industrial Relations 27-Jul-23 Advisory services Conducted a factory OSH tour on chemical management. Session with the compliance to review the improvements that have been made after the assessment. Meeting with the bipartite committee to validate the improvement plan. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment May 2024 May-24 Occupational Safety OSH Management The risk procedure does not include Review the risk procedure to 30 and Health Systems all the necessary elements. include a risk register that drives the implementation of controls May-24 Occupational Safety OSH Management The employer does not have an Develop an accident investigation 30 and Health Systems adequate accident investigation procedure that includes: Root cause procedure. analysis. Focus on sustainable solutions. Implementation of changes in order to avoid May-24 Occupational Safety OSH Management Management has not performed Conduct regular meeting with 30 and Health Systems regular management review and management to define and effective functioning of the OSH evaluate if the OSH objectives and committee. targets are met. [page 63] May-24 Occupational Safety OSH Management Management has not ensured Appoint an OSH officer with 30 and Health Systems effective functioning of the OSH sufficient expertise. Ensure effective committee. functioning of 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 30 Resources adequate procedure for handling the procedure: Ensuring anonymity complaints and resolving disputes. and non-retaliation, fair review, communication of changes made or resolution and an appeal May-24 Contracts and Human Employment Contracts The factory does not have an Include the time frame between 30 Resources adequate termination procedures. warnings 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 30 Resources investigate violations of HR policies indicator, investigate violations of and procedures. HR policies and procedures. Perform necessary reviews May-24 Contracts and Human Employment Contracts The factory has not posted internal Post internal regulations and 30 Resources regulations neither policies. 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 30 Resources policy as part of its internal policy. includes all HR policies. May-24 Working Time Leave Pregnant workers do not go on Send workers on leave 6 weeks 30 leave 6 weeks before giving birth. before giving birth. May-24 Working Time Overtime The factory did not obtain prior Request prior authorization to work 2 authorization from MAST to work overtime overtime. May-24 Working Time Overtime Workers in some department work Have a time recording system, 2 more than 80 hours of overtime which indicates the accumulated during a trimester. overtime per 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 2 authorization from the Department MAST to work on Sunday. of Labor to work on Sundays. May-24 Working Time Regular Hours The regular daily or weekly hours Ensure that the regular hour do not 2 exceed the legal limit and therefore exceed 8 hours per day. do not comply with the labor code. May-24 Occupational Safety Emergency Less than 10 percent of workers Train at least 10 percent of the The factory has trained more 30 and Health Preparedness were trained in fire-fighting workforce in Fire fighting workers. equipment. equipment. [page 64] May-24 Occupational Safety Emergency The factory does not conduct an Conduct at least 2 emergency drill 30 and Health Preparedness emergency fire drill every 6 months. per calendar year with the authorities. May-24 Occupational Safety Emergency Several areas of the factory are Provide additional space for storing 30 and Health Preparedness obstructed by boxes or pallets of goods. Keep aisles unobstructed. raw materials and finished goods. May-24 Occupational Safety Health Services and First less 10 percent of the workforce is Train at least 10 percent of the The factory has trained more 30 and Health Aid trained in first aid as recommended workforce in First Aid. workers. by Better Work. May-24 Occupational Safety Health Services and First All first aid boxes were missing basic Equip first aid box and define 30 and Health Aid supplies. responsibility for refilling them. May-24 Occupational Safety Health Services and First The factory does not have onsite Make a contract with a health care 30 and Health Aid medical facilities and staff as unit in the surroundings and hire required by art. 478 and 479 of the the required medical staff. May-24 Occupational Safety Health Services and First Medical checks were not performed Provide free medical checks at least 30 and Health Aid for all workers working with twice a year for workers working chemical products. with chemical products. May-24 Occupational Safety Welfare Facilities The eating areas do not have the Provide an eating area that can 30 and Health capacity to accommodate all workers accommodate all the workers. even if the factories have different lunch schedules to decrease annlnamaratian nfunrlare May-24 Occupational Safety Welfare Facilities Insufficient number of toilets for Increase the number of toilets 30 and Health men and women. based on the current workforce as required by law. May-24 Occupational Safety Working Environment The lux level is insufficient in packing Increase the Lux level to at least 30 and Health area. 500 Lux in packing area. May-24 Occupational Safety Working Environment The temperature exceed the Provide additional fans and specify 30 and Health recommended limit of 30 c. who is in charge of regular maintenance of the fans. May-24 Occupational Safety Worker Protection The spot cleaning worker was Provide Proper Mask to spot 2 and Health observed not using the provided PPE cleaning workers and train workers (MASK). to use them. May-24 Occupational Safety Worker Protection 100% of single needle and double Define who is in charge of 30 and Health needle machine are missing finger installing and regularly maintaining guards. the machine guards. May-24 Occupational Safety Chemicals and An eye wash station was not Provide eye wash bottles where The factory has installed Eye 30 and Health Hazardous Substances available in the chemical room chemicals are stored and poured. wash station where chemicals where chemical and hazardous are stored. substances are stored and poured. [page 65] May-24 Occupational Safety Chemicals and The spot cleaning area does not Improve isolation from the The spot cleaning section has 30 and Health Hazardous Substances have the proper conditions to chemical such as separate room for been relocated with proper prevent unnecessary exposure of spot cleaning. conditions. workers to chemicals. May-24 Occupational Safety Chemicals and MSDS is not available for all Keep chemical MSDS for all The factory kept all the MSDS 30 and Health Hazardous Substances chemicals in the workplace. hazardous chemicals used in the and they are in the translation workplace. process. May-24 Occupational Safety Chemicals and Several containers of chemical and Define who control the chemical 30 and Health Hazardous Substances hazardous products were found container on receipt from supplier without proper labeling. and control the label. May-24 Occupational Safety Chemicals and The chemical inventory was not Assign responsible persons for 30 and Health Hazardous Substances accurate and did not include the updating inventories of hazardous name of all chemicals used in the substances in the various locations workplace. where they are stored or used. May-24 Occupational Safety OSH Management The factory does not adequately Train all joint OSH committee 30 and Health Systems communicate and implement OSH members. Then, post policies and policies and procedures. work instructions around the workplace. May-24 Occupational Safety OSH Management The factory did not conduct a Conduct a risk assessment that 30 and Health Systems general risk assessment monthly. include an evaluation of the risks and how to control them. May-24 Occupational Safety OSH Management The factory has an emergency Translate the procedure in local 30 and Health Systems preparedness procedure. However, language and inform workers The procedure is in Spanish. about it. May-24 Occupational Safety OSH Management The employer does not record and Record and submit work related 30 and Health Systems submit work related accidents to accidents to OFATMA monthly. OFATMA on a monthly basis. May-24 Contracts and Human Termination The employer compensate the Include the payment for the weekly 2 Resources workers for their annual salary rest day in the calculation of annual supplement or bonus upon salary supplement or bonus upon termination. However, the termination. May-24 Contracts and Human Termination The employer compensate the Include the weekly rest day 2 Resources workers for unused annual paid payment in the calculation for leave upon termination. However, unused annual leave upon the calculation is not accurate . termination. May-24 Contracts and Human Termination The employer provides workers with Include the payment for the weekly 2 Resources proper notice upon termination. rest day in the calculation of notice However, the calculation is not period upon termination. accurate. [page 66] May-24 Contracts and Human Employment Contracts The factory does not have an Review and update the Internal 30 Resources internal work rules approved bythe work rules. Then send it to MAST Ministry of Social Affairs and Labor. for approval. May-24 Contracts and Human Employment Contracts The contract does not comply with Make an amendment to the 2 Resources the labor code. The employment contract to specify the workers" contract for night shift workers does wages for the night shift. not specify the correct salary. May-24 Compensation Social Security and Workers' pay slips for the last 3 Send workers’ pay slips for the last 30 Other Benefits months are not sent to OFATMA for 3 months are not sent to OFATMA payment of sick and maternity leave. for payment of sick and maternity leave. May-24 Compensation Social Security and The factory does not collect and Collect and forward worker's 30 Other Benefits forward worker's contribution to contribution to OFATMA for OFATMA for Maternity and Health Maternity and Health Insurance. Insurance. May-24 Compensation Social Security and The employer pays the employer's Include the weekly rest day 30 Other Benefits contribution to ONA late. payment in the calculation of the Furthermore the calculation is made employer's contribution to ONA. on the minimum salary. Then make the payment on time as May-24 Compensation Social Security and OFATMA payments for maternity Include the weekly rest day 30 Other Benefits and health insurance are not based payment in the calculation of the on the basic salary. The basic salary for OFATMA payments contributions are based on the for maternity and health insurance. invoice received from OFATMA. Ensure that the payments are made May-24 Compensation Social Security and The employer collects and forward Collects and forward the workers" 30 Other Benefits the workers’ contribution to ONA contribution to ONA on time. late. Furthermore the calculation is Include the weekly rest day made on the minimum salary. payment in the calculation of the basic salary. May-24 Compensation Paid Leave Non working holiday pay is not Include the weekly rest day 2 based on the average earning but payment in the calculation of on the CODEVI's agreed minimum average earnings for non working wage of reference. holiday payment. May-24 Compensation Paid Leave The weekly rest day is not Compensate the weekly rest day 2 compensated. after 48 hours of work or 6 days of work per week. May-24 Compensation Paid Leave The calculation of the average salary Include the weekly rest day 30 for maternity leave payment does payment in the calculation not include the weekly rest day maternity leave payment. Ensure payment. that worker receive 12 weeks of payment instead as required by law [page 67] May-24 Compensation Paid Leave The calculation of the average salary Include the weekly rest day 2 for sick leave payment does not payment in the calculation for sick include the weekly rest day payment. leave payment. May-24 Compensation Wage Information, Use A review of the payroll showed that Register overtime hour for foreign 2 and Deduction the overtime hours are not paid to supervisors, mechanics and utility workers who are on a fix salary. 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 2 pay only at 50 percent above the overtime work performed beyond 6 normal wage. PM for 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 13 and Collective several articles of the CBA. collective agreement. Bargaining Assessment June 2023 Jun-23 Occupational Safety Chemicals and The chemical inventory was not Assign responsible persons for and Health Hazardous Substances accurate and did not include the updating inventories of hazardous name of all chemicals used in the substances in the various locations workplace where they are stored or used. Jun-23 Occupational Safety Chemicals and Assessors found several containers Define who control the chemical and Health Hazardous Substances without proper labelling, indicating container on receipt from supplier the classification hazards and safety and control the label. precautions. Jun-23 Occupational Safety Chemicals and MSDS is not available for all Specify who is in charge of and Health Hazardous Substances chemicals in the workplace. receiving MSDS from supplier / Verify the MSDS has the needed elements. Jun-23 Occupational Safety Chemicals and The spot cleaning area does not Improve isolation from the and Health Hazardous Substances have the proper conditions to chemical (e.g. separate room for prevent unnecessary exposure of spot cleaning). Jun-23 Occupational Safety Chemicals and The eye wash stations in several Install eye wash where chemicals and Health Hazardous Substances areas, are used are not functioning are used. 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 Emergency The fire extinguishers are not Mark on the floor area that should and Health Preparedness properly maintained. not be obstructed. Then specify who conduct daily weekly checks (and include this in the system of daily-weekly checks). [page 68] Jun-23 Occupational Safety Emergency Several areas of the factory are Discuss with the General Manager and Health Preparedness obstructed by boxes or pallets of and rearrange the sewing floor. raw materials and finished goods. Jun-23 Occupational Safety Emergency Fire drill are not conducted twice a Conduct at least one emergency and Health Preparedness year as recommended. drill every 6 months including full evacuation of the workforce Jun-23 Occupational Safety Emergency The workers are not aware of the Ensure that the evacuation routes and Health Preparedness risks. The last fire drill was are not obstructed during working conducted in September of 2022. hours. Conduct fires drills every six months. Jun-23 Occupational Safety Emergency The training records provided Provide additional training on fire and Health Preparedness revealed that less than 10 percent of fighting equipment workers were trained in fire-fighting Have a system in place to monitor equipment. trained workers Jun-23 Contract and Human Employment Contracts The contract does not comply with Ensure that foreign workers Resources the labor code. The employment contract are signed by both parties contract for Dominican workers is and it complies with the Haitian not signed by both parties. In labor code 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 Resources internal work rules approved bythe local language and submit it to the Ministry of Labor. ministry of labor for proper DR ENTER 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 adequately. out policies and procedures. 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 Jun-23 Contract and Human Employment Contracts The termination procedure does not Include the time frame between Resources include all the necessary elements. warnings and payments, the right to defend oneself prior to termination and to representation during the disciplinary process. Jun-23 Contract and Human Employment Contracts The grievance procedure does not Include in the procedure fair Resources ensure anonymity and non- review, communication of changes retaliation, include all the necessary made or resolution and an appeal elements. process, ensuring anonymity and non-retaliation. [page 69] Jun-23 Occupational Safety Health Services and First Worker did not receive the health Pay the health cards and request and Health Aid cards within the first 3 months of OFATMA to conduct the health hiring. checks. Jun-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 Jun-23 Occupational Safety Health Services and First No evidence of annual medical Pay the health cards and request and Health Aid checks were present in worker's OFATMA to conduct the health files. checks. Jun-23 Occupational Safety Health Services and First The factory does not have onsite Set up a clinic approved by the and Health Aid medical facilities and staff as Authorities or Hire the required required by art. 478 and 479 of the medical staff. Jun-23 Occupational Safety Health Services and First First aid box was. In addition, the Equip first aid box and define and Health Aid inventor)y list in not accurate. responsibility for refilling. Jun-23 Occupational Safety Health Services and First Less than 10% of workers trained in Provide additional training on first and Health Aid first aid. aid to workers. Jun-23 Working Time Leave Pregnant workers do not go on Develop a procedure for maternity leave 6 weeks before giving birth, as leave and send pregnant workers required by the labor code. on leave 6 weeks before giving birth. Jun-23 Occupational Safety OSH Management The factory did not conduct a Create a daily, weekly or a monthly and Health Systems general OSH assessment monthly. checklist. Assign someone to conduct the monthly inspection. Jun-23 Occupational Safety OSH Management Management has not ensured Ensured effective functioning of the and Health Systems effective functioning of the OSH OSH committee. committee. Jun-23 Occupational Safety OSH Management The employer has not : Train and post the names of OSH and Health Systems Trained all joint OSH committee committee members. members and posted the names of OSH committee members. Jun-23 Occupational Safety OSH Management Management does not regularly Hold a meeting with top and Health Systems review the effectiveness of management to develop OSH management system. measurable objectives and targets. Jun-23 Occupational Safety OSH Management The employer does not have an Develop an accident investigation and Health Systems adequate accident investigation procedure that includes: root cause procedure. analysis, focus on sustainable solutions and implementation of changes in order to avoid rencrurrence [page 70] Jun-23 Occupational Safety OSH Management The risk procedure does not include include a risk register that drives and Health Systems all the necessary elements. the implementation of controls. Jun-23 Compensation Paid Leave The factory only paid 6 weeks of Register workers to OFATMA maternity leave where workers are maternity and health insurance. entitled to 12 weeks of payment. Jun-23 Working Time Regular Hours Worker's interview revealed that Develop a procedure regarding The factory has informed all some workers with apparent additional breaks for pregnant pregnant women of their right pregnancy are not allowed workers and inform the workers of _ and also provide the additional additional breaks. their rights. breaks. Jun-23 Compensation Social Security and The factory has paid OFATMA for Pay OFATMA work related accident Other Benefits Work Related Accident Insurance on time. late and did not provide any proof of agreement D117:D122with OFATMA. Jun-23 Compensation Social Security and The employer collects and forward Calculate ONA deduction on Other Benefits the workers’ contribution to ONA Workers' basic salary late. Furthermore the calculation is Forward worker's contribution to made on the minimum salary. ONA within the first 10 business days of the next month for the previous month Jun-23 Compensation Social Security and The factory is not registered with Register with OFATMA for Other Benefits OFATMA for Maternity and Health maternity and health insurance. Insurance. The employer does not pay 3% of workers' basic salary to OFATMA for Maternity and Health Tneuranca Jun-23 Compensation Social Security and The employer pays the employer's Calculate ONA deduction on Other Benefits contribution to ONA late. Workers' basic salary Furthermore the calculation is made Forward employers' contribution on the minimum salary. to ONA within the first 10 business days of the next month for the nrauinrie manth Jun-23 Compensation Social Security and The factory does not collect and Collect and forward worker's and Other Benefits forward worker's contribution to employers' contribution to OFATMA OFATMA for Maternity and Health within the first 10 business days of Insurance. The factory is not the next month for the previous registered with OFATMA. month. Jun-23 Compensation Social Security and Management interview revealed that Register with OFATMA and send Other Benefits workers pay slips for the last 3 workers" pay slip for sick leave and months are not sent to OFATMA for maternity leave. payment of sick and maternity leave. PL en Jun-23 Occupational Safety Welfare Facilities Insufficient number of toilets for Increase the number of toilets and Health men and women. according to the law. Jun-23 Occupational Safety Welfare Facilities The water test is not conducted on a Conduct the water test monthly. The water test is conducted and Health monthly basis by a certified monthly. laboratory. [page 71] Jun-23 Occupational Safety Welfare Facilities The eating areas do not have the Provide an eating Area that can and Health capacity to accommodate all accommodate all the workers workers. Jun-23 Occupational Safety Worker Protection The employer did not provide all Provide PPE in accordance with the and Health required PPEs. company regulation. Develop a monitoring plan. Jun-23 Occupational Safety Worker Protection No evidence of training was Develop an OSH training plan. Train and Health available during the assessment. workers on occupational safety and health and keep records of the training. Jun-23 Occupational Safety Worker Protection 100% of single needle and double Install the machine guards in and Health needle machine are missing finger accordance with the company guards, regulation. Jun-23 Occupational Safety Worker Protection During the factory tour assessors Provide chairs with backrest to and Health observe several chairs missing back workers. rest. Jun-23 Occupational Safety Working Environment The temperature exceed the Increase the ventilation with and Health recommended limit of 30 c in additional fans. Pressing and cutting section. Jun-23 Occupational Safety Working Environment Lux level is insufficient. Increase the lux level with and Health additional light in Pressing , sewing and packing section. Jun-23 Occupational Safety Working Environment The workplace is not clean. Residue Hire additional cleaners and and Health of raw material was found scattered clean more regularly the workplace. in several area of the workspace. [page 72] BETTER WORK HAITI - 27TH SYNTHESIS REPORT s, Factory: BrandM Apparel Haiti - AM1 Location: Ouanaminthe Number of workers: 1,045 Date of registration: May-19 Date of last two Better May-23 May-24 Work assessments: Advisorv and Trainina Services 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 already done and conduct a factory tour with the factory compliance officer, to verify the OSH issues that the factory already 10-Apr-24 Industry Seminar Vteal Preventing and Addressing Sexual Harassment for Workers 2-Apr-24 Industry Seminar Virtual Supervisory Skills 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 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. Add all corrective actions completed in the improvement plan. 21-Nov-23 Advisory Services Meeting with bipartite committee: Follow-up on factory actual situation. Follow-up on OFATMA insurance implementation. Follow-up on actual number of the factory, last ONA payment and the final payment for OFATMA accident. 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. Follow-up on some new NC the committee found. Follow-up on the office the CODEVI administration gave the unions. 20-Sep-23 Industry Seminar Human Resources Management (HRM) | | 13-Sep-23 Industry Seminar ToT Problem Solving 8-Sep-23 Industry Seminar Negotiation Skills 1-Sep-23 Advisory Services Conducted an OHS assessment tour with the factory compliance officer to approve non-compliance fixed by the factory and to advise on the ones found during the tour. Reviewed several documents to identify the improvement made by the factory. Reviewed the IP with the compliance and the HR manager Meeting Bipartite committee to: Monitor the Implementation of OFATMA maternity and Health insurance. Follow up on the factory situation after the industrial problem that occurred in June 2023. Discuss the 3*8 law that the government suspended, and articles BW will evaluate the factory in the new evaluation circle. Workers ask the factory to provide space to charge their phones. Advise the factory on how to calculate ONA and OFATMA on the base salary, and on how to calculate sick leave, maternity leave, bonuses, 31-Aug-23 Industry Seminar Industrial Relations 9-Aug-23 Advisory Services Meeting with management to follow-up on ONA and OFATMA payment based on the decree published on June 13, 2023 regarding the 3*8 law. Review the improvement plan based on the CAP received from the factory with Compliance Officer. 28-Jul-23 Industry Seminar Virtual Preventing and Addressing Sexual Harassment for Middle Management [page 73] 21-Jul-23 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 OHS policy does not meet allthe Update and adjust OHS policy 27 Health requirements. and procedures. May-24 Occupational Safety and OSH Management Systems The factory does not have a Update and adjust hazard/risk 27 Health hazard/risk management and control management and control procedure that includes all the procedures. May-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. May-24 Occupational Safety and OSH Management Systems The employer does not adequately Ensure that the factory conduct 27 Health assigns accountability for health and the joint OSH Committee safety to OSH Officers and HR meetings to address OSH issues. May-24 Contracts and Human Employment Contracts The factory does not have grievance Update and adjust grievance 27 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 27 Resources disciplinary and termination disciplinary and termination procedures, that includes all the steps. procedures and include all the necessarv steps. May-24 Contracts and Human Employment Contracts The factory does not fully investigates Perform regular investigation of 27 Resources performance of HR. HR performance and shortcomings and review the procedures accordingly. May-24 Contracts and Human Employment Contracts The factory HR policy is not signed by Make sure the HR policy is sign 27 Resources Top management. by the top management of the Enrénn May-24 Working Time Overtime The factory did not obtain prior Request prior authorization from 6 authorization from MAST to perform MAST before working overtime. May-24 Working Time Overtime The factory does not comply with the Ensure that workers do not 6 limit on overtime hours worked. exceed the limit of overtime hours specify in the Labor Code. May-24 Working Time Overtime The factory did not obtain prior Request prior authorization from 6 authorization from MAST to perform MAST before working on overtime on Sundays. Sundays. May-24 Working Time Regular Hours The factory did not receive prior Request prior authorization from 6 authorization from MAST before MAST before working at night. working at night. [page 74] May-24 Working Time Regular Hours The employer posted the factory's Post the factory's working hours 2 working hours for day shifts including for all shifts including break time break time. However, the night shift in the workplace. schedule was not posted. May-24 Working Time Regular Hours The regular daily or weekly hours Modify the regular daily or 6 exceed the legal limit as specify in the weekly hours to comply with the labor code. labor code. May-24 Occupational Safety and Emergency Preparedness Insufficient number of workers Train at least 10 percent of the 2 Health trained in the use of fire-fighting workforce in the use of fire- training. fighting training. May-24 Occupational Safety and Emergency Preparedness Assessors noticed rechargeable bulb Make sure the sources of ignition 19 Health cover by piece of fabric in some are protected. sections. May-24 Occupational Safety and Emergency Preparedness Obstructed aisles in several sections Keep routes unobstructed during 2 Health of the workspace. working hours. May-24 Occupational Safety and Emergency Preparedness Unmarked escape routes, were Ensure that the escape routes in 58 Health observed during the assessment. all building are clearly marked. May-24 Occupational Safety and Emergency Preparedness Improper maintenance of fire Provide adequate firefighting 58 Health extinguishers. equipment and ensure regular maintenance is done. May-24 Occupational Safety and Health Services and First Insufficient number of workers Train at least 10 percent of the 2 Health Aid trained in first aid. workforce in first aid. May-24 Occupational Safety and Health Services and First First aid boxes are missing basic items The factory needs to designate a 39 Health Aid person to monitor all first aid boxes and ensure items are replaced in time. May-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 factory has adequate medical by labor code. facilities May-24 Occupational Safety and Health Services and First Medical checks is not conducted twice Provide health checks to workers 58 Health Aid a year for workers working with exposed to work-related hazards chemicals at least twice a year. May-24 Occupational Safety and Welfare Facilities Soap was not available in men's and Ensure that soapis available in all 2 Health women's toilets. toilets. May-24 Occupational Safety and Welfare Facilities Insufficient number of Toilets. Increase the number of toilets. 55 Health May-24 Occupational Safety and Working Environment Light levels were inappropriate in Ensure the lighting is adequate 39 Health some working sections. and adapted to worker's needs. [page 75] May-24 Occupational Safety and Working Environment Workplace temperature level is Monitor the temperature level 58 Health unacceptable. and maintain it under 30 C inside the workplace. May-24 Occupational Safety and Worker Protection Several chairs, were missing backrest. Provide chairs with backrest to 58 Health workers. May-24 Occupational Safety and Worker Protection Improper maintenance of electrical Ensure that all circuit breakers 39 Health system of the factory. are identified. May-24 Occupational Safety and Worker Protection Single needle Sewing machines were Install the proper safety guards 58 Health missing finger guards. on all machines. May-24 Occupational Safety and Worker Protection The factory did not provide Provide appropriate PPE to all 58 Health appropriate PPE to all workers. workers, wherever it is needed . May-24 Occupational Safety and Chemicals and Hazardous The spot cleaning area where The factory needs to install The factory installed the 58 Health Substances chemicals are used, does not have an eyewash station in all areas missing eyewash station. adequate eye washing station. where chemical products are May-24 Occupational Safety and Chemicals and Hazardous The vacuum machine was not The factory needs to ensure that 58 Health Substances functioning in Spot cleaning. the vacuum machine is working properly. May-24 Occupational Safety and Chemicals and Hazardous MSDSs are not available in local Translate MSDS in the local 58 Health Substances language for all chemicals used in the language and post them where workplace. chemical products are used. May-24 Occupational Safety and Chemicals and Hazardous Chemical and hazardous substances Label all chemicals and 58 Health Substances are not properly labelled. hazardous substances used in ha mainrbnlana May-24 Occupational Safety and Chemicals and Hazardous Inventory of chemicals and hazardous Prepare an inventory for 39 Health Substances substances was not available. chemical and hazardous substances in the workplace and keep the inventory updated. May-24 Occupational Safety and OSH Management Systems The factory does not submit records Submit all work-related accidents 2 Health 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 2 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 2 Resources workers properly for unused annual upon termination and include paid leave. weekly rest day payment in the calculation [page 76] May-24 Contracts and Human Termination The employer does not compensate Pay the applicable notice period 2 Resources workers properly for the applicable and include weekly rest day notice period. payment in the calculation. May-24 Contracts and Human Contracting Procedures The guards do not receive any breaks Provide the require lunch breaks 2 Resources 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 ofwork Update the internal work rules 2 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 19 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 58 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 58 Benefits contribution for ONA payment is the basic salary. inaccurate. May-24 Compensation Social Security and Other The calculation of employer's Calculate employers" 58 Benefits contribution for OFATMA payment is contributions for OFATMA on the inaccurate basic salary. May-24 Compensation Social Security and Other The calculation of workers" Calculate ONA contributions on 58 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 2 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 58 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 2 holiday. average earning as required by the law. [page 77] May-24 Compensation Paid Leave Inaccurate payment for maternity Calculate the maternity leave 58 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 58 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 2 average earnings, including the weekly rest day as required by the law. May-24 Compensation Wage Information, Use and The employer does not pay workers Pay the weekly rest day as 2 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 2 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 19 Collective Bargaining all 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 Update and adjust hazard/risk Health hazard/risk management and control : management and control procedure that includes all the 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 investigation procedure. necessary 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 Health communicate and implement OSH to all relevant staff. policies and procedures. May-23 Occupational Safety and OSH Management Systems The employer does not adequately Ensure that the factory conduct Health assigns accountability for health and the joint OSH Committee safety to OSH Officers and HR meetings to address OSH issues. manager. [page 78] 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 Codie'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 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 Emergency Preparedness Improper control of electrical issues. 1. Make sure the source of The factory fix the source of Health ignition problem is fix. ignition problem. May-23 Occupational Safety and Emergency Preparedness Unmarked escape routes, on the Ensure that the escape routes in Health factory floor. the 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 of system in the component area the workplace. May-23 Occupational Safety and Health Services and First One first aid box is not identified and The factory needs to designate a The factory identified the first Health Aid one contain expired products. person to monitor all first aid aid box, removed the expired boxes. product and replace by a new one. May-23 Occupational Safety and Health Services and First The factory does not have an onsite Ensure that the free zone or the Health Aid medical facilities and staff as required factory has adequate medical by labor code. facilities May-23 Occupational Safety and Health Services and First Free health checks was not provided Provide health checks to workers The factory has completed the Health Aid to workers exposed to work-related exposed to work-related hazards payment for the CDS which hazards. at least twice a year. entitled the workers to received health checks from [page 79] 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 Ensure that the workplace is The factory clean all the Health tidy.; always clean and tidy. workplace. May-23 Occupational Safety and Working Environment light levels were inappropriate in Ensure the lighting is adequate Health some working sections. and adapted to worker's needs. May-23 Occupational Safety and Working Environment Workplace temperatures levels are Monitor the temperature level Health unacceptable. and 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 chairs Health sewing areas and standing matswere workers. without backrest not available to all workers. May-23 Occupational Safety and Worker Protection Improper maintenance of electrical Ensure that all circuit breakers The factory labelled all circuit Health system of the factory. are labelled. breakers May-23 Occupational Safety and Worker Protection Single needle Sewing machines were Install the proper safety guards Health missing finger guards. on all machines. May-23 Occupational Safety and Worker Protection The factory did not provide Provide proper PPE to all workers Health appropriate 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 The factory added the Eye Health Substances mechanic workshop, eyewash station in all areas wash where chemicals are where chemical products are used in the mechanic 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 Translate MSDS in the local The factory added all the Health 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 Chemicals and Hazardous Chemical and hazardous substances Label all chemicals and The factory remove the 2 Health Substances are not properly labelled. hazardous substances used in unlabeled containers nat May-23 Occupational Safety and Chemicals and Hazardous Inventory of chemicals and hazardous Update inventory of chemicals Chemical inventory is updated Health Substances substances is not updated. and hazardous substances inthe all chemical are mentioned on workplace. it with all necessaries [page 80] May-23 Occupational Safety and OSH Management Systems Workers are not informed and they do Perform the general occupational The compliance manager is Health 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 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 81] BETTER WORK HAITI - 27TH SYNTHESIS REPORT ., Factory: BrandM Apparel Haïti - AM2 Location: Ouanaminthe Number of workers: 783 Date of registration: May-19 Date of last two Better May-23 Apr-24 Work assessments: Advisory and Trainina Services 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. 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-Jan-24 Training Basic Rights and Responsibilities 23-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 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. 22-Nov-23 Advisory services Meeting with bipartite committee to: Follow-up on factory actual situation. Follow-up on OFATMA insurance implementation Follow-up on actual number of the factory, last ONA payment and the final payment for OFATMA accident. 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. Follow-up on the office the CODEVI administration gave the unions. Added all corrective actions completed in the improvement plan. 13-Oct-23 Industry Seminar Virtual Leadership Skills 12-Oct-23 Advisory services Meeting with management to: Follow-up on actual number of workers at the factory, last ONA payment and the final payment for OFATMA accident. Advise the factory on how to calculate ONA and OFATMA on the basic salary, and on how to calculate sick leave, maternity leave, bonuses, and annual leave on the average salary. 20-Sep-23 Industry Seminar Human Resources Management (HRM) 13-Sep-23 Industry Seminar ToT Problem Solving 8-Sep-23 Industry Seminar Negotiation Skills [page 82] 1-Sep-23 Advisory services Conducted an OHS assessment tour with the factory compliance officer to approve non-compliance fixed by the factory and to advise on the ones found during the tour. Reviewed several documents to identify the improvement made by the factory. Reviewed the IP with the compliance and the HR manager Meeting Bipartite committee to: Monitor the Implementation of OFATMA maternity and Health insurance. Follow up on the factory situation after the industrial problem that occurred in June 2023. Discuss the 3*8 law that the government suspended, and articles BW will evaluate the factory in the new evaluation circle. 31-Aug-23 Industry Seminar Industrial Relations 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 procedures. Have the policy the requirements. signed by top management. Apr-24 Occupational Safety and OSH Management Systems The factory does not have a Update and adjust hazard/risk 27 Health hazard/risk management and control management and control procedure that includes all the procedures. requirements. Apr-24 Occupational Safety and OSH Management Systems The factory accident investigation Update and adjust the accident 19 Health procedure does not have all the investigation procedure. necessary 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 Ensure that the factory conduct 27 Health assigns accountability for health and the joint OSH Committee safety to OSH Officers and HR Director. meetings to address OSH issues. Apr-24 Contracts and Human Employment Contracts The factory does not have a Update and adjust disciplinary 27 Resources disciplinary and termination and termination procedures. procedures, that includes all the 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 The factory needs to properly 27 Resources communicate and implement HR communicate the HR policy and policies and procedures. procedures through training and induction for new employees. Apr-24 Contracts and Human Employment Contracts The factory HR policy is not signed by Make sure the HR policy is sign by 19 Resources Top management. the top management of the factory. Apr-24 Working Time Leave Inaccurate maternity leave to pregnant Ensure that pregnant workers go 19 workers. on maternity leave 6 weeks before giving birth. [page 83] Apr-24 Working Time Overtime The factory does not comply with the Ensure that workers do not 2 limit on overtime hours worked. exceed 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 factory did not obtain prior Request prior authorization from 2 authorization from MAST to work at MAST before working at night. night. Apr-24 Working Time Regular Hours The regular daily or weekly hours Modify the regular daily or weekly 2 exceed the legal limit as specify in the hours to comply with the labor labor code. code. Apr-24 Occupational Safety and Emergency Preparedness Assessors noticed rechargeable bulb Make sure the source ofignition 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 of Keep routes unobstructed during 2 Health the 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 factory has adequate medical by 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 exposed to work-related hazards hazards twice a year. at 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 Ensure the lighting is adequate 39 Health some working sections. and adapted to worker's needs. Apr-24 Occupational Safety and Working Environment Workplace temperatures levels are Monitor the temperature level 58 Health unacceptable. and maintain it under 30C inside the workplace. Apr-24 Occupational Safety and Worker Protection Improper maintenance of electrical Circuit breakers need to be The factory labelled all circuit 39 Health system of the factory. properly labelled. breakers [page 84] Apr-24 Occupational Safety and Worker Protection Single needle Sewing machines were Install the proper safety guards 58 Health missing finger guards. on all machines. Apr-24 Occupational Safety and Worker Protection The factory did not provide Provide appropriate PPE to all 58 Health appropriate PPE to all workers. workers, where it is needed. Apr-24 Occupational Safety and Chemicals and Hazardous MSDSs are not available in local Translate MSDS in the local The factory added all the missing 58 Health Substances language for all chemicals used in the language and post them where MSDS workplace. chemical products are used. Apr-24 Occupational Safety and Chemicals and Hazardous Inventory of chemicals and hazardous Update inventory of chemicals 39 Health Substances substances is not updated. and hazardous substances in the workplace. Apr-24 Occupational Safety and OSH Management Systems The factory did not provide evidence Conduct and keep records ofthe 19 Health that the OSH assessments is monthly OSH assessment results. performed on a regular basis. Apr-24 Contracts and Human Termination The employer does not pay workers Pay workers their annual salary 2 Resources their annual salary supplement or supplement upon termination bonus correctly upon termination. and 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 upon termination and include paid leave. weekly rest day payment in the calculation. Apr-24 Contracts and Human Employment Contracts The internal work rules does not Update the internal work rules 58 Resources comply with the labor code law. and send it to MAST for approval. 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 in the factory to be in compliance with the internal work rules. with the internal work rules. Apr-24 Compensation Social Security and Other The factory did not send workers pay Send workers pay slip to OFATMA 19 Benefits slip to OFATMA for sick leave and for sick leave and maternity leave maternity leave payment. payment. Apr-24 Compensation Social Security and Other The factory does not collect and Collect and forward workers 58 Benerfits forward workers" contribution to contribution to OFATMA OFATMA. maternity and health insurance on the basic salary. Apr-24 Compensation Social Security and Other The calculation of employer's Calculate ONA contributions on 58 Benefits contribution for ONA payment is the basic salary. inaccurate. [page 85] Apr-24 Compensation Social Security and Other The calculation of employer's Calculate employers' 58 Benefits contribution for OFATMA payment is contributions for OFATMA on the inaccurate. basic salary. Apr-24 Compensation Social Security and Other The calculation of workers" Calculate ONA contributions on 58 Benefits contribution for ONA payment is the basic salary. inaccurate. Apr-24 Compensation Paid Leave The employer does not pay workers Pay the weekly rest day as 2 for the weekly rest day. required by the law. Apr-24 Compensation Paid Leave Inaccurate payment for maternity Calculate the maternity leave 58 leave. 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% Pay 100% above the normal hours 2 above the normal wage for overtime for overtime hours worked at hours worked at night. night. Apr-24 Compensation Overtime Wages The employer does not pay 50% above Pay 50% above the normal hours 2 the normal hours for overtime worked for overtime worked on weekly on weekly rest day. rest 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 the Health management does not meet all the and procedures. OSH policy. requirements. May-23 Occupational Safety and OSH Management Systems The factory does not have a Update and adjust hazard/risk Health hazard/risk management and control management and control procedure that includes all the procedures. requirements. 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 investigation procedure. necessary 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 Health communicate and implement OSH to all relevant staff. policies and procedures. [page 86] May-23 Occupational Safety and OSH Management Systems The employer does not adequately Ensure that the factory conduct Health assigns accountability for health and the joint OSH Committee safety to OSH Officers and HR meetings to address OSH issues. manager. May-23 Contracts and Human Employment Contracts The factory does not have a 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 Codie'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 it. the steps. 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 by The HR policy is signed by top Resources include all the necessary elements. the top management of the management. factory. 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 of The factory fix the source of Health ignition problem is fix. ignition problem. May-23 Occupational Safety and Emergency Preparedness Unmarked escape routes, on the Ensure that the escape routes in Health factory floor. the 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 pressure. maintenance is done 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 of system in the component area the workplace. May-23 Occupational Safety and Health Services and First One first aid box is not identified and The factory needs to designate a The factory identified the first aid Health Aid one contain expired products. person to monitor all first aid box, removed the expired product boxes. and replace by a new one. May-23 Occupational Safety and Health Services and First The factory does not have an onsite Ensure that the free zone or the Health Aid medical facilities and staff as required factory has adequate medical by labor code. facilities 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 exposed to work-related hazards payment for the CDS which hazards. at least twice a year. entitled the workers to received [page 87] 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 Ensure that the workplace is The factory clean all the Health tidy.; always clean and tidy. workplace. May-23 Occupational Safety and Working Environment light levels were inappropriate in some Ensure the lighting is adequate Health working sections. and adapted to worker's needs. May-23 Occupational Safety and Working Environment Workplace temperatures levels are Monitor the temperature level Health unacceptable. and 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 chairs Health sewing areas and standing mats were workers. without backrest not available to all workers. May-23 Occupational Safety and Worker Protection Improper maintenance of electrical Ensure that all circuit breakers are The factory labelled all circuit Health system of the factory. labelled. breakers May-23 Occupational Safety and Worker Protection Single needle Sewing machines were Install the proper safety guards Health missing finger guards. on all machines. May-23 Occupational Safety and Worker Protection The factory did not provide Provide proper PPE to all workers Health appropriate 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 The factory added the Eye wash Health Substances mechanic workshop, eyewash station in all areas where chemicals are used in the where chemical products are 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 Translate MSDS in the local The factory added all the missing Health Substances language for all chemicals used inthe language and post them where MSDS workplace. chemical products are used. May-23 Occupational Safety and Chemicals and Hazardous Chemical and hazardous substances Label all chemicals and The factory remove the 2 Health Substances are not properly labelled. hazardous substances used inthe unlabeled containers workplace. May-23 Occupational Safety and Chemicals and Hazardous Inventory of chemicals and hazardous Update inventory of chemicals Chemical inventory is updated all Health Substances substances is not updated. and hazardous substances inthe chemical are mentioned on it with workplace. all necessaries information. May-23 Occupational Safety and OSH Management Systems Workers are not informed and they do Perform the general occupational The compliance manager is doing Health not participate the OSH self- safety and health self-assessment the OSH self-assessment in assessment. with the OSH committee in place collaboration with OSH bipartite in the factory. committee [page 88] May-23 Contracts and Human Employment Contracts The factory does not have an internal Send the factory internal work The factory has an internal work Resources work rules approved by the Ministry of rules to MAST for approval. rules approved by MAST on Labor. August 16, 2023. May-23 Compensation Social Security and Other The factory did not send workers pay Send workers pay slip to OFATMA Benerfits 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 nn tha hacir ealaru May-23 Compensation Social Security and Other The calculation of employer's Calculate ONA contributions on The factory pay employer's Benerfits contribution for ONA payment is the basic salary, and forwarditon contribution to ONA on time. inaccurate and payments are made time. late consistently. May-23 Compensation Social Security and Other The Factory does not forward Forward employer's contribution 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 Benerfits contribution for ONA payment is the basic salary, and forwarditon contribution to ONA on time. inaccurate and payments are made time. May-23 Compensation Social Security and Other Inaccurate payments for OFATMA Keep records of the salary Benefits accident insurance. statement sent to OFATMA May-23 Compensation Paid Leave The lunch break is not compensated in Pay the lunch break. The June 13 decree suspends the the payroll. 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 Collective Bargaining Violation of the CBA. Review the CBA and implement all and Collective Bargaining articles as stated in the document. [page 89] BETTER WORK HAITI - 27TH SYNTHESIS REPORT Factory: Centri Group S.A. D Location: Arrondissement de Port-au-Prince Number of workers: 916 Date of registration: Oct-18 Date of last two Mar-23 Apr-24 Better Work Notes: Factory experience several temporary suspensions during the fisrt half of 2024. Advisory and Training Services 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, accident investigation, risk 17-Nov-23 Advisory services Virtual meeting with OSH committee members to validate pending issues and review the improvement plan, meeting with the compliance team to present the OSH gap analysis. 30-Aug-23 PICC Meeting Training for the committee members, Challenges for the Factory and achievements linked to non-compliance. 28-Aug-23 Advisory services Virtual meeting to conduct a session with the compliance team on the first progress report. Session on management systems and OSH targets. Meeting with the bipartite committee on self diagnosis process and training. 16-Aug-23 PICC Meeting Presentation of the committee and debate on the role and responsibility. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment April 2024 Apr-24 Occupational Safety and Emergency Evacuation routes are not clearly - Paint evacuation arrows and 44 Health Preparedness marked. signs - Paint yellow lines on the floor to show the exit pathway - Install exit sign above the door - Conduct regular comprehensive OSH assessment and identify whether the marking are faded - Specify who conducts Apr-24 Occupational Safety and Health Services and Insufficient medical Staff. Hire the required medical staff 63 Health First Aid based on the current workforce. Apr-24 Occupational Safety and Working Environment Lux level is below Better Work Increase the natural lighting in 31 Health recommended limit. the sewing section. [page 90] Apr-24 Contracts and Human Employment Contracts The grievance procedure does not - Review and discuss current 3 Resources include fair review and appeal factory procedure on complaint process, communication of changes mechanisms made or resolution. - include fair review and appeal process, communication of changes made or resolution. Apr-24 Occupational Safety and Welfare Facilities Insufficient number of Toilets. Increase the number of 63 Health functioning toilets as required by law. Apr-24 Occupational Safety and Working Environment The temperature level is exceed Develop a maintenance plan for 18 Health Better Work's recommended limit. the cooling systems. Install roof insulation Apr-24 Contracts and Human Termination The annual leave payment is not Ensure the annual leave The annual leave payment 3 Resources calculated on worker's average payment upon termination is upon termination is daily earnings. calculated on worker's average calculated on worker's daily earnings. average daily earnings. Apr-24 Contracts and Human Contracting Contract and payroll of non Revise security agent contracts The Company has made 3 Resources Procedures production worker are not accurate. and ensure that payment is the changes in the payroll aligned with the labor code. and the calculation is accurate. In addition, the Apr-24 Contracts and Human Employment Contracts Internal work rules are not Send the internal work rules to" FT TT 18 Resources approved by MAST. MAST for approval. Apr-24 Compensation Social Security and The annual leave payment is not Make changes to the payroll The Company has made 3 Other Benefits calculated based on the total system and include all salaries the changes in the payroll earning of workers salary. . received by the employee inthe and the calculation is calculation of annual leave. accurate. Assessment March 2023 Mar-23 Compensation Social Security and The factory did not provide any Assigned responsibility to send The factory has paid Other Benefits proof of payment made to OFATMA the salary statement on time. OFATMA for the fiscal year for work-related accident insurance Paid OFATMA work related 2022-2023 for the fiscal year 2022-2023. accidents. Mar-23 Contract and HR Employment Contracts The internal work rules is not Ensure that the internal work The internal work rules is posted in the workplace. rules is posted on the factory posted in the workplace. Mar-23 Occupational Safety and OSH Management The factory did not share any GENTE the factory has a The factory received the Health Systems structural safety certificate, structural safety certificate structural safety certificate certifying the structure of the report from a certified from SONAPI and it is building meets the safety company. available. requirements for an industrial [page 91] Mar-23 Occupational Safety and Chemicals and Chemical inventory is not accurate. Assign someone to update the A new inventory of Health Hazardous Substances chemical inventory. chemicals is prepared by including the names of all chemicals and hazardous substances used in the workplace and the location where thev are stored in Mar-23 Occupational Safety and Chemicals and Chemical containers are not Define who control the The factory prepared other Health Hazardous Substances properly labelled chemical container on receipt labels indicating the from supplier and control the classification, hazards, and label. safety precautions. Mar-23 Occupational Safety and Chemicals and Several hazardous chemicals were Ensure that all MSDS are posted The safety data sheets of Health Hazardous Substances found without chemical safety data where chemicals are used. the chemicals which sheets. weren't available are posted where the Mar-23 Occupational Safety and Worker Protection Management has not provided all Provide employees with all PPE have been provided Health necessary PPEs to workers. necessary personal protective and training on PPE were clothing and equipment conducted. 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 Health provided with footrests or shock- standing workers. provided to all standing absorbing mats. workers. Mar-23 Occupational Safety and Working Environment Workplace temperature level Increase the ventilation with Health exceed 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 The noise level in each Health 90 dB for an 8-hour workday. 90 dB section is less than 90 db. Mar-23 Occupational Safety and Working Environment The level of lighting in the Increase the light level to reach Health workplace is unacceptable. 300 lux in Pressing section, 500 lux in Sewing, cutting, packing. 750 lux in trimming, Inspection section. Mar-23 Occupational Safety and Welfare Facilities Insufficient number of Toilets. Increase the number of toilet to Health have at least one toilet for every 25 men and one toilet for every 15 women. [page 92] Mar-23 Occupational Safety and Health Services and Management did not share Discuss the legal requirements The factory paid the fiscal Health First Aid evidence that medical checks were with the General Manager. Pay year 2022 2023, the health provided to workers within their the health cards. card(CDS) is included as first three months of hiring. required by law for medical checks. Mar-23 Occupational Safety and Health Services and Management shared evidence that Discuss the legal requirements The factory paid the fiscal Health First Aid medical checks were provided once with the General Manager. year 2022 2023, the health a year to workers exposed to work Ensure that workers exposed to card(CDS) is included as related hazards. work related hazards receive a required by law for medical medical check at least twice a checks. Mar-23 Occupational Safety and Health Services and Management did not share Discuss the legal requirements The factory paid the fiscal Health First Aid evidence that annual medical with the General Manager year 2022 2023, the health checks were provided to the Pay the health cards. card(CDS) is included as workers. required by law for medical checks. Mar-23 Occupational Safety and Health Services and Insufficient number of medical Increase the number of nurses An appropriate space has Health First Aid staff. as required by law. been already built for the medical clinic in order to offer privacy. Mar-23 Occupational Safety and Health Services and First aids boxes did not have an The factory needs to assign Inventory lists are available Health First Aid inventory sheet and they are responsibility and identified all in all the first aid boxes. AIl missing the identification sign. the first aid boxes. the first aid boxes are properly identified. Mar-23 Occupational Safety and Emergency The alarm system is not Install a functioning alarm The alarm system has been Health Preparedness functioning. systems. repaired. Mar-23 Occupational Safety and Emergency Obstructed and improper Ensure regular maintenance People are designated to Health Preparedness maintenance of fire extinguishers. and specify who conducts ensure that regular regular checks to make sure maintenance are that the equipment is in place conducted. and functioning. Mar-23 Occupational Safety and Emergency Escape routes are not clearly Mark the evacuation routes and The escape routes in both Health Preparedness marked. Buildings are missing the post the evacuation plan for building have been evacuation maps. both buildings. marked. The evacuation maps are posted in both buildinq. Mar-23 Occupational Safety and Emergency During the factory tour, assessors Specify who conduct daily Aisles are marked and an Health Preparedness observed that more than 90 percent weekly checks and include this audio has been developed aisles were obstructed. in the system of daily weekly to raise awareness. PAL [page 93] Mar-23 Occupational Safety and Emergency Fire drills are not conducted every Conduct an emergency drill The last fire drill was Health Preparedness six months, as recommended. every 6 months. conducted in April, 2023. The one before that was in October 2022. Mar-23 Working Time Regular Hours Inaccurate payroll. Ensure that the factory The attendance system has maintain a proper attendance been adjusted. A records. verification is done before Develop a procedure in case of each payroll. <vsteme failiire [page 94] BETTER WORK HAITI - 27TH SYNTHESIS REPORT , Factory: Caribbean Island Apparel Location: Port-au-Prince Number of workers: 2437 Date of registration: Aug-13 Date of last two Nov-22 Oct-23 Better Work Notes Advisory and Training Services 26-Jun-24 Advisory services 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. 12-Oct-23 Advisory services Meeting with HR manager on the current situation of the factory. The discussion was on the improvement and PR2. Bipartite committee members express their concerns about the general situation of the country. 17-Jul-23 Advisory services Meeting with management on factory's improvement pan and updates. Meeting with bipartite committee members. Workers representatives express concerns regarding the food in the cafeteria and the toilets. Management promised to take corrective ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment October 2023 Oct-23 Occupational Safety and OSH Management The OSH policy is not signed by Include the missing elements in 18 Health Systems top management and does not the OSH policy and have it include several elements of an signed by top management. adequate policy. Oct-23 Occupational Safety and OSH Management The hazard/risk management and Include the missing elements in 18 Health Systems control procedure does not the hazard/risk management includes several elements of an and control procedure. adequate policy. Oct-23 Occupational Safety and OSH Management The accident investigation Ensure that the accident 18 Health Systems procedure does not include investigation procedure has all several elements of an adequate required elements. policy. [page 95] Oct-23 Occupational Safety and OSH Management The factory did not show evidence Ensure to provide evidence that 18 Health Systems that it investigates and documents management does investigate, violations of HR procedures. monitor 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 bv an actual chanae in Oct-23 Occupational Safety and OSH Management Management has not:- Properly Ensure to properly define 18 Health Systems defined authority for the OSH authority for the OSH officer and officer and top management. the top management to perform OSH responsibilities through updated job descriptions and an organizational chart. Oct-23 Contracts and Human Employment Contracts The grievance handling and Include the missing elements in 18 Resources dispute resolution procedures the grievance handling and does not have all the necessary dispute resolution procedures. elements. Specify the grievance review and appeal processes and communication of changes made and/or resolution as Oct-23 Contracts and Human Employment Contracts The factory has disciplinary and include the missing elements in 18 Resources termination procedures that do the disciplinary and termination not include the necessary details. procedures, such as workers" rights to defend themselves prior to termination, and to representation during disciplinary processes. Oct-23 Occupational Safety and Emergency The fire-fighting training was not Ensure that the fire-fighting The Human Resource 8 Health Preparedness provided by a certified company equipment training is provided director is in charge of or trainer. by a certified company or providing the fire-fighting trainer. training and he is a certified Oct-23 Occupational Safety and Emergency The aisles were obstructed in Ensure that the emergency exits The emergency exits remain 32 Health Preparedness building 13 and 14. In addition, remains open during the unlock during working three emergency exits were working hours including hours including overtime. locked during working hours overtime. [page 96] Oct-23 Occupational Safety and Emergency The escape routes in all buildings Ensure that the escape route are The escape routes were 57 Health Preparedness were not clearly marked. clearly marked. remarked as needed following the assessment visit. Last time the routes were repainted were in June 2094 Oct-23 Occupational Safety and Health Services and First Three first aids boxes are missing Ensure that first aid boxes have The missing items were 8 Health Aid several products. all necessary item. added to the first aid boxes. Oct-23 Occupational Safety and Health Services and First Insufficient medical staff. Have 3 doctor's visits per week. 32 Health Aid Oct-23 Occupational Safety and Health Services and First Annual health checks are not Pay the CDS (Health Card) as the 8 Health Aid provided to all workers. law requires for medical checks. Oct-23 Occupational Safety and Health Services and First Medical checks are not provided Pay the CDS (Health Card) as the 8 Health Aid to workers within the first three law requires for medical checks. months of hiring. Oct-23 Occupational Safety and Health Services and First Medical checks are not provided Pay the CDS (Health Card) as the 8 Health Aid twice a year to workers exposed law requires for medical checks. to work-related hazards. Oct-23 Occupational Safety and Welfare Facilities Insufficient number of toilets for Ensure to have adequate 64 Health men and women. numbers of toilets. Oct-23 Occupational Safety and Working Environment The level of lighting in the Ensure that lux levels are The light bulbs were 64 Health workplace is unacceptable. adequate in all sections of the changed in the inspection workplace. sections. Oct-23 Occupational Safety and Worker Protection The circuit breakers in several Label the circuit breakers. All circuit breakers were 8 Health buildings were not labelled. properly labelled. Oct-23 Occupational Safety and Chemicals and The use of chemicals is not Ensure that the use of chemical The management fix 18 Health Hazardous Substances isolated in building 14 duetothe is properly monitored. repaired exhaust ventilation proximity of the sewing area to and provide new protective the spot cleaning area. equipment to workers in the soot cleanina. Oct-23 Occupational Safety and Chemicals and The chemical inventory did not Ensure that chemical inventory The management appointed 32 Health Hazardous Substances include the name of all chemicals is accurate and include all the a responsible for daily used in the workplace. chemicals used and stored in monitoring of the inventory the workplace. of chemicals. Oct-23 Occupational Safety and OSH Management Management didn't provide any Provide the structural safety 18 Health Systems structural safety certificate, certificate. certifying the structure of the buildings meets the safety requirements for an industrial [page 97] Oct-23 Occupational Safety and OSH Management The work-related accidents fwere Submit accident reports to 8 Health Systems not submitted to OFATMA on a OFATMA on a monthly basis. monthly basis. Oct-23 Contracts and Human Employment Contracts The payroll date and time, are not Include payroll date and time in 32 Resources mentioned in the internal work the internal work rules. rules as specified in Art. 399 of the Labor Code. Oct-23 Compensation Social Security and Other Management confirmed thatthey Share the workers pay slip for Management sent the 32 Benefits did not send workers pay slip for the last 3 months to OFATMA for information to OFATMA for the last 3 months to OFATMA for sick leave and maternity leave the payment of sick leave. sick leave and maternity leave payment. payment. Oct-23 Compensation Social Security and Other The employer contribution to Pay OFATMA contribution on 32 Benefits OFATMA is not made within the time. first 10 working days of the Oct-23 Compensation Social Security and Other The workers’ contribution to Pay the OFATMA contribution on 32 Benefits OFATMA is not be made withinthe time. first 10 working days of the month. Oct-23 Compensation Social Security and Other The factory does not pay OFATMA Pay the OFATMA for the CDS 8 Benefits for the CDS (Health Card) as the (Health Card) as the law requires law requires for medical checks. for medical checks. Oct-23 Compensation Method of Payment Workers complain about the Ensure that payment is made Payment is provided during 8 payment after the normal working during the working hours. working hours. hours. Oct-23 Discrimination Gender Interviewed workers and factory Ensure that workers are not The factory did training, 8 staff consistently said that required to undergo HIV/AIDS awareness session for its workers undergo pregnancy tests or pregnancy tests in connection staff regarding the and tests for HIV after hiring and with their employment. pregnancy tests and HIV before workers receive their test following their contracts. employment. Posters are also posted inside the Assessment November 2022 Nov-22 Occupational Safety and OSH Management Management has not Assign clear responsibilities to Health Systems properly defined authority for the OSH officer and top OSH officer and the top management through regular management. job description updates. Nov-22 Occupational Safety and OSH Management The factory does not have include the missing criteria to Health Systems adequate emergency have adequate emergency preparedness procedures. preparedness procedures. [page 98] Nov-22 Occupational Safety and OSH Management The hazard/risk management and Include the missing criteria to Health Systems control procedures are not have adequate hazard/risk adequate. management and control procedures. Nov-22 Contracts and Human Employment Contracts No evidence of performance Submit and record actions and Resources evaluation procedures nor any procedures to investigate, investigations for violations of monitor and measure violations Human Resources policies and of HR policies. Nov-22 Contracts and Human Employment Contracts The disciplinary and termination Include the missing criteria in Resources procedures are not adequate. the disciplinary and termination procedures. Nov-22 Contracts and Human Employment Contracts The grievance handling and Include the missing criteria in Resources dispute resolution procedures do the grievance handling and not have all the necessary dispute resolution procedures. elements. Specify the grievance review and appeal processes and communication of changes made and/or recoitinn as Nov-22 Working Time Regular Hours The regular working hours exceed Ensure that the regular hour do Since June 13th, the lunch the legal limit. not exceed the limit of 8 hours break hour is no longer per day. considered as part od the regular working hours. Therefore, the factory is within the legal limit of 8 Nov-22 Occupational Safety and Emergency Obstructed aisles were observed. Ensure that aisles remained Health Preparedness unobstructed during the working hours. Nov-22 Occupational Safety and Emergency Unmarked escape route were Mark all evacuation routes. Factory marked all Health Preparedness observed. evacuation routes Nov-22 Occupational Safety and OSH Management Management didn't provide any Submit the structural safety DT Health Systems structural safety certificate. certificate for verification purpose. Nov-22 Occupational Safety and Health Services and First Insufficient doctor's visit. Have a permanent onsite Health Aid medical service, with at least 3 doctor's visits per week. Nov-22 Occupational Safety and Welfare Facilities Insufficient toilets for women and Provide adequate number of Health men. toilets for men and women. Nov-22 Occupational Safety and Working Environment The level of lighting in the Ensure adequate light levels in Factory changed several Health workplace is not adequate in all production areas. light bulbs. several sections. [page 99] Nov-22 Occupational Safety and Chemicals and The spot cleaning area is not Ensure that areas where Health Hazardous Substances isolated from the sewing area. chemical products are used are isolated and maintain in proper conditions to limit the exposure Nov-22 Occupational Safety and Chemicals and One unlabeled container (machine Label all containers used inthe The issue was fixed during Health Hazardous Substances Gun) in the spot cleaning. workplace. the assessment visit. Nov-22 Occupational Safety and Chemicals and The inventory of chemical and Update the chemical inventory Health Hazardous Substances hazardous product was not accordingly and include the accurate. name of all chemical and hazardous products used in the warbnlara Nov-22 Contracts and Human Employment Contracts Payroll date and time, are not Edit the internal work rules and Resources mentioned in the internal work add payroll date and time. mes Nov-22 Compensation Social Security and Other The annual salary supplement or Paythe lunch break. the June 13th decree Benefits bonus does not include the lunch suspends all provisions of break payment. the 3*8 law. The payment of the lunch break is no longer Nov-22 Compensation Social Security and Other The factory did not send workers Send the last 3 months to rer Benefits pay slip for the last 3 months to OFATMA for sick leave and OFATMA for sick leave and maternity leave payment. maternity Nov-22 Compensation Social Security and Other The employer contribution to Pay OFATMA on time and Last payment was made in Benefits OFATMA is based on the payment should be based on September 2022 for the minimum salary and does not basic salary including the lunch month of August 2022. include the lunch break payment break payment. and the payment is made late. Nov-22 Compensation Social Security and Other The factory did not share the Pay 3 percent of workers salary Benefits salary declaration document that to OFATMA for accident will enable assessors to verify if insurance. the fiscal year 2021-2022 is correctly paid. Nov-22 Compensation Social Security and Other The contribution to ONA is based Pay the ONA on time and The last payment was made Benefits on the minimum salary and does accurately. in September 2022 for the not include the lunch break month August 2022. payment. The payment is also Nov-22 Compensation Paid Leave The factory did not pay annual Pay the lunch break and include the June 13th decree leave, Sick leave and maternity it in the calculation of all leaves. suspends all provisions of leave correctly because the the 3*8 law. The payment of payment of the lunch break is not the lunch break is no longer included in the calculation. required. [page 100] Nov-22 Compensation Paid Leave The lunch break is not Pay the lunch break. the June 13th decree compensated in the payroll. suspends all provisions of the 3*8 law. The payment of the lunch break is no longer reaiired Nov-22 Compensation Paid Leave Maternity leave payments are Pay the lunch break and include the June 13th decree based on an average earnings it in the calculation of maternity suspends all provisions of which does not include the lunch leaves. the 3*8 law. The payment of break payment. the lunch break is no longer ranniran Nov-22 Compensation Paid Leave Sick leave payment does not Pay the lunch break and include the June 13th decree include the lunch break payment. it in the calculation of sick suspends all provisions of leaves. the 3*8 law. The payment of the lunch break is no longer reauired. Nov-22 Compensation Paid Leave The annual leave payment does Pay the lunch break and include the June 13th decree not include the lunch break it in the calculation of annual suspends all provisions of payment. leave. the 3*8 law. The payment of the lunch break is no longer reauired [page 101] BETTER WORK HAITI - 27TH SYNTHESIS REPORT ., Factory: Class International Holdings LTD Location: Ouanaminthe Number of workers: 80 Date of registration: Jan-20 Date of last two Better Apr-23 May-24 Work assesements: Advisory and Training Services 28-Jun-24 Advisory services Meeting with management to review the improvement plan. 11-Apr-24 Advisory services 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 services Meeting to: Discuss OSH as a fundamental convention Review improvement plan with Bipartite committee. 22-Feb-24 PICC Meeting Virtual advisory visit to: Discuss training plan with the bipartite committee. 22-Feb-24 Advisory services Virtual advisory visit to: Discuss training plan with the bipartite committee. 21-Nov-23 Advisory services Virtual Advisory visit to: Review Improvement plan Meet with Bipartite committee members 25-Oct-23 Industry Seminar Bipartite Committee 21-Sep-23 Training GBVH Introduction 21-Sep-23 Advisory services Advisory visit to: Conduct training on Introduction to GBVH 20-Sep-23 Industry Seminar Human Resources Manage (HRM) 31-Aug-23 Industry Seminar Industrial Relations 24-jul-23 Advisory services Advisory visit to review and update the improvement plan Conduct OSH tour Conduct meeting 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 Develop an OSH policy that 2 Health measurable objectives and establish measurable objectives improvement targets. and improvement targets. May-24 Occupational Safety and OSH Management Systems Management did not show evidence Provide evidence of regular 45 Health of that the employer investigates management review of monitors and measures OSH issues. effectiveness of the management system. May-24 Occupational Safety and OSH Management Systems Management did not assign Update the OSH policy to assign 45 Health accountability at the level of accountability to OSH committee on management and OSH committee for OSH responsibilities. Ensure proper carrying out Health and Safety training are provided to enhance responsibilities. members capacities. [page 102] May-24 Contracts and Human Employment Contracts The factory does not have an Include the missing elements in the 45 Resources adequate grievance handling and grievance handling and dispute dispute resolution procedure. resolution May-24 Contracts and Human Employment Contracts The disciplinary and termination Develop a disciplinary and 45 Resources procedures are not adequate. termination procedure that Includes the necessary elements. May-24 Contracts and Human Employment Contracts No evidence of performance Perform investigations for 45 Resources evaluation procedures nor any violations of HR policies and investigations for violations of Human procedures to identify weaknesses Resources policies and procedures. and make necessary adjustments. May-24 Contracts and Human Employment Contracts The factory has not posted the Post the internal regulations and 45 Resources internal regulations neither trained train the HR staff to carry out the staff on how to carry out policies and policies. procedures. May-24 Contracts and Human Employment Contracts The Human Resources policies are not Ensure that the HR policies are 45 Resources signed by top management. signed by top management. May-24 Working Time Leave The factory did not comply with the Pregnant women should go on 45 Labor Code because pregnant workers maternity leave 6 weeks prior to do not go on leave 6 weeks before their expected delivery date. giving birth. May-24 Working Time Overtime A review of documents revealed that Request the authorization notice 2 the factory had no prior authorization form MAST prior to work overtime. from MAST to perform overtime. May-24 Working Time Overtime Several workers worked more than 80 Workers cannot work more than 80 2 hours overtime per trimester. hours overtime per trimester. Schedule overtime hour May-24 Working Time Regular Hours A review of documents revealed that Request authorization form MAST 2 the factory had no prior authorization prior to work at night. from MAST before working at night. May-24 Working Time Regular Hours Assessors noted that workers did not Implement a reliable attendance 20 punch in and out, the manual record system. attendance done by the factory was not signed by workers. May-24 Working Time Regular Hours The regular daily hours exceeds the Ensure that the regular daily hours 45 legal limit. are compliant with the law. May-24 Occupational Safety and Emergency Preparedness The evacuation plan does not reflect Design an evacuation plan that 2 Health the changes in the floor layout. accurately reflect the layout of the floor. [page 103] May-24 Occupational Safety and Emergency Preparedness Management did not share the annual Ensure the fire- extinguisher 2 Health inspection report for fire fighting equipment get a annual inspection equipment. from a certified company. May-24 Occupational Safety and Emergency Preparedness The factory does not have an alarm Install an alarm system and smoke 45 Health system and smoke detectors installed detectors in all buildings. in any of the buildings. May-24 Occupational Safety and Health Services and First The factory does not have an onsite Ensure to have a onsite clinic with 1 45 Health Aid medical facilities and staff as required nurse and 3 doctors' visit per week. by art. 478 and 479 of the labor code. May-24 Occupational Safety and Health Services and First Medical checks is not conducted twice Provide free health checks for 45 Health Aid a year for workers working with workers working with chemicals at chemicals least twice a year. May-24 Occupational Safety and Worker Protection Personal protective equipment were Provide necessary personal 13 Health not provided for workers in the protective equipment to workers. mechanics’ shop, and spot cleaning section. May-24 Occupational Safety and Chemicals and Hazardous At the time of the assessment visit, the Install eye wash stations where 2 Health Substances eyewash station was not available in chemicals are used and stored. the mechanic workshop. May-24 Occupational Safety and Chemicals and Hazardous During the assessment visit no Train workers who are using 45 Health Substances evidence of training was available on chemical and hazardous products chemicals and hazardous substances. and keep proper record. May-24 Occupational Safety and Chemicals and Hazardous The spot cleaning area near Isolated the spot cleaning from the 45 Health Substances production is not properly isolated, production floor. exposing workers to chemicals and hazardous substances. May-24 Occupational Safety and Chemicals and Hazardous During the assessment, MSDS was Keep material safety data sheets 45 Health Substances missing for several hazardous and for all chemicals and hazardous chemicals substances. products used in the workplace.. May-24 Occupational Safety and Chemicals and Hazardous Assessors discovered paint in a gallon Containers of chemical product 45 Health Substances of thinner, three unidentified gallons should be properly labeled, with of mineral oil, unidentified gallons of pictograms included. used oil, and oil in an unmarked soft drink bottle. May-24 Occupational Safety and Chemicals and Hazardous The inventory of chemicals and Keep an accurate inventory of the 45 Health Substances hazardous substances used was chemical product used, including missing the following products: names and location. Powdered soap, Radiator Coolant, Ultra Coolant compressor oil. May-24 Occupational Safety and OSH Management Systems Management confirmed that they did Submit the accidents report to 45 Health not submit work related accident OFATMA on a monthly basis. record to OFATMA on a monthly basis. [page 104] May-24 Contracts and Human Termination The annual salary supplement upon Ensure that annual salary 45 Resources termination does not include the supplement is properly calculated weekly rest day payment. and paid. May-24 Contracts and Human Termination The annual leave, upon termination, Include the weekly rest day 45 Resources does not include the weekly rest day payment in the calculation of the payment. average salary for the payment of the annual salary supplement. May-24 Contracts and Human Termination The applicable notice period when the Include the weekly rest day 45 Resources time is not provided, does not include payment in the calculation of the the weekly rest day payment. average salary for the payment of the applicable notice period. May-24 Contracts and Human Employment Contracts The factory's internal work rules are Develop internal work rules that 45 Resources not compliant with the labor code. are compliant with the labor law. May-24 Compensation Social Security and Other The factory does not submit workers" Pay OFATMA and submit workers" 45 Benerfits pay slips to OFATMA for sick leave or payslip to OFATMA for the maternity leave payments. payment of sick leave and maternity payments May-24 Compensation Social Security and Other The employer's contribution to Calculate the employer's 45 Benerfits OFATMA for maternity and health contributions to OFATMA on the insurance are inaccurate because they basic salary as stipulated in the are not calculated based on the labor code. workers" basic salary. May-24 Compensation Social Security and Other The employer contributions to ONA, Calculate the employer's 45 Benerfits but they are not based on the contributions to ONA on the basic worker's basic salary. salary as stipulated in the labor code. May-24 Compensation Social Security and Other The workers contributions to Calculate the workers" 45 Benerfits OFATMA for maternity and health contributions to OFATMA on the insurance accordingly are inaccurate basic salary as stipulated in the because they are not calculated based labor code. on the workers’ basic salary. May-24 Compensation Social Security and Other The worker's contributions to ONA, Calculate the workers" 45 Benefits but they are not based on the contributions to ONA on the basic worker's basic salary. salary as stipulated in the labor May-24 Compensation Paid Leave Non working holiday pay is not based Pay the holidays on the average 2 on the average earning but on the earnings as per the law. CODEVI's agreed minimum wage of reference. May-24 Compensation Paid Leave No weekly rest day payments were Pay the weekly rest days on the 2 noted in the payroll as required bythe average earnings as per the law. law. [page 105] May-24 Compensation Paid Leave The factory has only provided 6 weeks Provide 12 week of maternity leave 45 of maternity leave instead of the 12 to pregnant workers. weeks entitled under OFATMA registration for maternity and health insurance, as required by the Labor Code. May-24 Compensation Paid Leave The sick leave payment is not paid on Include the weekly rest day 45 the average earning since it does not payment in the calculation of the include the weekly rest day payment. 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 13 Collective Bargaining provisions of the collective agreement: agreement provisions. Art. 4.1.7 (OFATMA insurance) Art. 4.5 (provide ergonomic Chairs)Art. 4.9 (Use of PPE) Assessment April 2023 Apr-23 Occupational Safety and OSH Management Systems Accident reports are not reported to The factory need to review its OSH Health OFATMA monthly. policy to include the necessary procedure to report accident to the OSH officer who will subsequently provide the information to the HR staff to submit to OFATMA on a monthly basis. The information should be recorded on an excel format and kept in a safe place. Apr-23 Occupational Safety and OSH Management Systems The OSH policy has not been Factory should hold a meeting with Health developed in consultation with the bipartite committee, including workers and their representatives. workers 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 Management needs to perform Health investigates monitors and measures regular review of effectiveness of OSH issues. management system including performance on measurable objectives and targets follow-up on accident investigations that leads to a change in procedures/practices where required. [page 106] Apr-23 Occupational Safety and OSH Management Systems The factory does not adequately The employer needs to train all Health communicate and implement OSH joint OSH committee members, policies and procedures. informed visitors contractors/service providers about relevant OSH policies and procedures, post, update evacuation map and post policies and unrl inctrictianc arnrind fha Apr-23 Occupational Safety and OSH Management Systems Management did not assigns Management needs to hire an OSH The following actions have been Health accountability at the level of Officer and have a clear job taken: management and OSH committee for description for the officer, defining -Posted policies and work carrying out Health and Safety his authority and responsibilities. instructions around the responsibilities. They also need t train OSH workplace. committee members, assign them - Posted the names of OSH regular task and hold regular committee members. meeting. They should establish a system to track that the tasks are being executed as planed Apr-23 Contracts and Human Employment Contracts No. The factory does not have a Review the Grievance policy to the factory is reviewing the Resources grievance handling and dispute include a clear options for grievance handling and dispute resolution that includes all the submitting grievances and disputes resolution that include: Clear necessary steps. that ensure anonymity and non- options for submitting retaliation, fair review, grievances and disputes that communication of changes made or ensure anonymity and non- resolution and an appeal process. retaliation, fair review, communication of changes made or resolution and an anneal nrarees Apr-23 Contracts and Human Employment Contracts No. The factory has a termination The factory needs to review the Resources procedures that does not include, all procedure to include the time the necessary elements. frame between warnings and payments, the right to defend oneself prior to termination and to representation during the disciplinary process, a step-by-step warning system, and procedures related to legal notice periods and 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 procedure to investigate violations and procedures, identify weaknesses of HR policies and procedures, and make necessary adjustments to identify weaknesses and make prevent recurrence. necessary adjustments to prevent recurrence. Procedure should indicate when such investigation will take place and under which circumstances. [page 107] Apr-23 Contracts and Human Employment Contracts The factory has not posted internal The factory needs to post internal Resources regulations nor policy. regulations and policies and to train staff on how to carry out policies and procedures. Apr-23 Contracts and Human Employment Contracts The HR policy as part of its internal The policy should be signed by top The policies are signed now by Resources policy and includes is not signed by management and posted on the top management and have top management. floor. been shared Contracts and Human Employment Contracts The factory's internal work rules is not They need to follow up to make The factory has submitted their Resources approved by the Ministry of Labor. sure that the document is approved internal work rules to MAST. Apr-23 Freedom of Association and Collective Bargaining Several articles outlined in the CBA are The management of the factory Collective Bargaining not being implemented. should sit with the unions and the administration of CODEVI to discuss the application of the provision outlined in the CBA Apr-23 Working Time Leave Pregnant workers do not go on leave 6 The factory should give pregnant weeks before giving birth. workers 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 The factory needs to provide 15 days off after one year of service, as consecutive days of annual leave to required by law. all workers after 1 year of service. Apr-23 Working Time Regular Hours Workers did not punch in and out,the The factory needs to install a manual attendance did by the factory proper functioning punch system to was not sign by workers. record the attendance for all workers. Apr-23 Working Time Regular Hours Pregnant women revealed that they The factory needs to have a clear Pregnant workers are given 4 did not have an additional break. policy for pregnant women, in breaks of 15 minutes according accordance with the labor code, to an agreement they signed inform all workers about the policy, with the factory's management. post the policy on the factory and ensure that it is applied across the board. [page 108] Apr-23 Working Time Regular Hours Regular hours exceed the legal limit. The factory should arrange its According to the June 13th working hours to comply with the decree, the lunch break is no labor laws. longer an integral part of the work day. The factory has a CBA which allow them to work one extra hour per day. Apr-23 Occupational Safety and Emergency Preparedness Less than 10 percent of workers were The factory needs to provide fire- Health trained in fire-fighting equipment. fighting 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 The factory should include in their Health month as recommended. policy 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 Factory needs to designate a A tour of the factory was Health were observed in the workspace. person to perform regular checks conducted during the advisory. of the fire extinguishers and ensure All fire extinguishers were that they remain unobstructed at unobstructed. alltimes. Apr-23 Occupational Safety and Emergency Preparedness The factory does not have any alarm The factory needs to install smoke Health system and smoke detector install in detectors and alarms in all the both building. buildings. Apr-23 Occupational Safety and Health Services and First The total number of workers trained The factory needs to include First aid training was provided Health Aid in first aid is less 10 percent of the mandatory first aid training in their by CODEVI LEKOL. A list of 33 workforce as recommended by Better policy and provide training to at participants was submitted as Work. least 10% of the workers. proof. Apr-23 Occupational Safety and Health Services and First The factory does not have onsite The factory should establish an Management explained that Health Aid medical facilities and staff as required onsite medical clinic in accordance workers have access to use the by art. 478 and 479 of the labor code. with the labor code. medical facilities of the industrial park. Apr-23 Occupational Safety and Health Services and First No evidence of annual medical checks Factory needs to OFAMA for work Health Aid were present in worker's files. related 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. [page 109] Apr-23 Occupational Safety and Health Services and First No evidence of medical checks for Factory needs to provide medical Factory submitted proof a Health Aid workers exposed to work-related checks twice a year for workers medical check that was provided hazards were present in worker's files. using chemicals and hazardous in March of 2023 to worker's substances. Establish a policy to using chemical and hazardous make sure that workers receivethe substances. 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 Worker did not receive the health Factory needs to pay OFAMA for Health Aid cards within the first 3 months of work related accident insurance on hiring. time, including the CDS. Include in their policy a schedule and timeframe to call OFATMA to provide medical checks for new workers. Apr-23 Occupational Safety and Working Environment Insufficient light level Check light levels on a regular basis Factory has improving light as Health to ensure that lighting levels are asked and follow with an appropriate for the tasks being evaluation to determine that perform. Change light bulbs as light levels were ok. Evidence needed. was shared. Apr-23 Occupational Safety and Working Environment Temperature exceed the The factory needs to install the Health recommended limit. appropriate cooling system to ensure that temperature are acceptable. Apr-23 Occupational Safety and Worker Protection Proper PPE are not provided to all The factory need to establish a Health workers. policy to acquire and supply proper PPE to all workers who needs them. Ensure that workers are trained on the proper use of PPE provided. Establish a guideline to make sure that workers use PPE when they are working. Apr-23 Occupational Safety and Chemicals and Hazardous The spot cleaning area does not have Spot cleaning should be isolated. Health Substances the proper installation to prevent Factory can install exhaust system exposure. Workers are exposed to to ensure that chemical fumes are cardboard residue. not spread to surrounding areas. Provide proper installation and exhaust system for workers cutting cardboard tubes. Make sure that installation is isolated form general worker population. [page 110] Apr-23 Occupational Safety and Chemicals and Hazardous Workers are not trained in using Provide training to all workers who Health Substances chemical and hazardous substances. are using chemical and hazardous substances Apr-23 Occupational Safety and Chemicals and Hazardous MSDS was not available in the local The policy need to include who Health Substances language for several products found controls the inventory and who is in the workspace. . 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 The policy need to include who Health Substances chemical and hazardous products controls the inventory and who is found in the workspace. 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 Factory has completed the Health Substances hazardous products. controls the inventory. Establish a inventory. Evidence has been procedure to perform an inventory shared. control on a regular basis. An automated system can be establish to ensure that inventory movements are recorded daily. Apr-23 Contracts and Human Termination The calculation of the average daily Pay the lunch break. This new decree puts the 3*8 Resources salary for the payment of annual law on pause until the revision salary supplement upon termination of the Labor Code is completed. does not include the lunch break The lunch break payment is no payment. longer required. Apr-23 Contracts and Human Termination The calculation of the average daily Unused annual paid leave upon This new decree puts the 3*8 Resources salary for the payment of unused paid termination must be calculated law on pause until the revision annual leave upon termination is not based on average daily earnings. of the Labor Code is completed. based on average daily earnings and The lunch break payment is no does not include the lunch break longer required. payment. Apr-23 Contracts and Human Termination The calculation of the average salary Pay the lunch break This new decree puts the 3*8 Resources for the payment for the applicable law on pause until the revision notice period does not include the of the Labor Code is completed. lunch break payment. The lunch break payment is no longer required. [page 111] Apr-23 Compensation Social Security and Other the factory does pay 3 % of workers" The factory need to collect and Benerfits basic salary to OFATMA. forward 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. Apr-23 Compensation Social Security and Other The factory does not collect and The factory need to collect and Benefits forward the worker's contribution to forward worker's contributions to OFATMA for maternity and health OFATMA for maternity and health insurance. insurance within 10 working days of the current month for the previous month. Contributions should be collected on the average daily salary. The lunch break payment no longer needs to be included in the calculation of the average salary. Apr-23 Compensation Social Security and Other Workers' contributions to ONA is The factory should send worker's Benerfits calculated on the minimum wage and contributions to ONA within 10 does not include the lunch break working days of the current month payment. Furthermoreit is submitted for the previous month. late. Contributions should be collected on the average daily salary. The lunch break payment no longer needs to be included in the calculation of the average salary. Apr-23 Compensation Social Security and Other Workers' pay slips for the last 3 The factory needs to submit both Benerfits months are not sent to OFATMA for worker's and employer's payment of sick and maternity leave. contributions to 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 The calculation for the annual salary Pay the lunch break. The new decree puts the 3*8 Benerfits supplement or bonus payment does law on pause until the revision not include the lunch break payment. of the Labor Code is completed. The lunch break payment is no longer required. [page 112] Apr-23 Compensation Social Security and Other Employer's contributions for ONA is The factory should send employer's Benerfits based on the minimum salary anditis contributions to ONA within 10 not made on time. It does not include working days of the current month the lunch break payment. 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 No proof of payment to OFATMA for Factory needs to submit the Benefits work related accident was available declaration to OFATMA with the list and shared with the assessors for the of workers, make the full payment fiscal year 2022/2023. as required by law. Apr-23 Compensation Paid Leave the lunch break is not compensated in Pay the lunch break. The new decree puts the 3*8 the payroll. law on pause until the revision of the Labor Code is completed. The lunch break payment is no longer required. Apr-23 Compensation Paid Leave The factory only paid 6 weeks of The factory should pay OFATMA on maternity leave where workers are a regular basis, submit workers, entitled to 12 weeks of payment. pay slip to 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 Sick leave payment must be on average daily earnings. In addition, calculated on the basic salary which the calculation does not include the includes all earnings except for lunch break payment. overtime. The lunch 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 calculated on worker's average daily law on pause until the revision earnings, it does not include the lunch of the Labor Code is completed. break payment. The lunch break payment is no longer required. [page 113] BETTER WORK HAITI - 27TH SYNTHESIS REPORT ., Factorv: Cleveland Manufacturina S.A. Location: Arrondissement de Port-au-Prince Number of workers: 508 Date of registration: lul-16 Date of last two Better Nov-22 Nov-23 Work assessments: Notes: BWH was not been able to conduct any advisory services for this factory since April of 2023. Better Work Haïiti's advisor has made several attempts to contact the factory, to no avail. Advisory and Training Services 10-Apr-24 Industry Seminar Virtual Preventing and Addressing Sexual Harassment for Workers 15-Mar-24 Industry Seminar Virtual Workers' Rights & Responsibilities 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 28-Jul-23 Industry Seminar Virtual Preventing and Addressing Sexual Harassment for Middle Management 21-Jul-23 Industry Seminar Virtual Preventing and Addressing Sexual Harassment for Workers 21-Jul-23 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 November 2023 Nov-23 Discrimination Gender The factory did not obtain an Obtain authorization from MAST 8 authorization from MAST before before dismissing any pregnant proceeding with the dismissal of woman. pregnant women. Nov-23 Compensation Method of Payment The factory did not pay workers on Pay workers at least every 15 days. 8 time. Nov-23 Compensation Wage Information, Use Individual pay slips are not issued to Provide pay slips to all workers and 8 and Deduction the workers, as a results, they have no review the payroll system. records or means of verification of their payments. Furthermore, the master payroll was discovered to be inrnmnlata Nov-23 Compensation Paid Leave Inaccurate payment for annual leave. Pay the annual leave payment on 40 worker's average daily earnings. Compensation Paid Leave Inaccurate payment for maternity Calculate the maternity leave 40 leave. payment on worker's average daily earnings. Pay 12 weeks of maternity leave to workers [page 114] Nov-23 Compensation Social Security and Other The factory did not send workers pay Send workers pay slip to OFATMA 8 Benefits slip to OFATMA for sick leave and for sick leave and maternity leave maternity leave payment. payment. Nov-23 Compensation Social Security and Other The factory did not provide any Keep records of the invoice 96 Benefits document or proof of payment for received from OFATMA. Pay OFATMA work-related accident. OFATMA work related accident on time. Nov-23 Compensation Social Security and Other The employer has not been collecting Forward the workers’ contribution 96 Benefits and forwarding workers’ contributions to ONA on time. to ONA. Additionally, management has not provided any evidence of monthly payments to ONA. Nov-23 Compensation Social Security and Other The employer has not been forwarding Forward the employer contribution 96 Benefits the employer contribution to ONA. to ONA on time. Additionally, management has not provided any evidence of monthly payments to ONA for the past twelve manthe Nov-23 Compensation Social Security and Other The factory did not share any payroll Keep records of the invoice 96 Benefits documents which show that OFATMA received from OFATMA. Pay deductions were made. Additionally, OFATMA work related accident on management has not provided any time. evidence of monthly payments to OFATMA for the past twelve months. Nov-23 Compensation Social Security and Other Factory failed to provide evidence of Send workers pay slip to OFATMA 8 Benefits payroll sent to OFATMA for payment of for sick leave and maternity leave maternity leave and sick leave. payment. Nov-23 Contracts and Human Employment Contracts The internal work rules does not Update the internal work rules and 40 Resources comply with the labor code law. send it to MAST for approval. Nov-23 Contracts and Human Termination The payment for the notice period has Pay the applicable notice period 40 Resources not been determined based on the base on the average of daily average daily earnings. Additionally, earning and pay workers their Workers had not yet received their severance pay, including the annual severance pay, including the annual salary supplement or bonus upon salary supplement or bonus upon termination. termination. Nov-23 Contracts and Human Termination The calculation for unused annual Pay the unused paid annual leave 40 Resources leave is not base on the average of upon termination base on the daily earning as prescribed by law. average of daily earning and pay Additionally, Workers had not yet workers their severance pay, received their severance pay, including including the annual salary the annual salary supplement or supplement or bonus upon bonus upon termination. termination. [page 115] Nov-23 Contracts and Human Termination Workers had not yet received their Pay workers their severance pay, 40 Resources severance pay, including the annual including the annual salary salary supplement or bonus upon supplement or bonus upon termination. termination. Nov-23 Occupational Safety and OSH Management The structural safety certificate was Request a structural safety 8 Health Systems not available. certificate from the city hall. Nov-23 Occupational Safety and Chemicals and Hazardous Chemicals and Hazardous Substances Label all chemicals and hazardous 96 Health Substances not properly labelled in the mechanic substances used in the workplace. workshop. Nov-23 Occupational Safety and Worker Protection The factory did not provide Provide appropriate PPE where it is 8 Health appropriate PPE to all workers. needed for all workers. Nov-23 Occupational Safety and Worker Protection Several sewing machines were missing Install the proper safety guards on 8 Health the belt guards. all machines. Nov-23 Occupational Safety and Working Environment light levels were inappropriate in some Ensure the lighting is adequate and 40 Health working sections. adapted to worker's needs. Nov-23 Occupational Safety and Welfare Facilities Insufficient number of Toilets. Increase the number of toilets. 54 Health Nov-23 Occupational Safety and Welfare Facilities Soap were not available in men's and Ensure that soap is available in all 8 Health women's toilets toilets. Nov-23 Occupational Safety and Welfare Facilities The factory does not conduct the water Conduct a water test every month 8 Health test on a monthly basic. to check the quality of the drinking water. Nov-23 Occupational Safety and Health Services and First Free health checks was not provided to Proactively work with OFATMA to 54 Health Aid workers within the first three months distribute the health cards and of hiring. conduct the medical checks as required Nov-23 Occupational Safety and Health Services and First Free health checks was not provided to Provide health checks to workers 54 Health Aid workers exposed to work-related exposed to work-related hazards at hazards. least twice a year. Nov-23 Occupational Safety and Health Services and First Free annual health checks was not Proactively work with OFATMA to 54 Health Aid provided to workers. distribute the health cards and conduct the medical checks as required [page 116] Nov-23 Occupational Safety and Health Services and First Insufficient medical staff. Hire additional medical staff to 54 Health Aid comply with the Haitian Labor Code. Nov-23 Occupational Safety and Health Services and First The first aid boxes are missing The factory needs to designate a 8 Health Aid medical supplies. person to monitor the inventory of the first aid boxes. Nov-23 Occupational Safety and Health Services and First Insufficient number of workers trained Train at least 10 percent of the 8 Health Aid in first aid. workforce in first aid. Nov-23 Occupational Safety and Emergency Preparedness Improper maintenance of fire Provide adequate firefighting 81 Health extinguishers. equipment and ensure regular maintenance is done. Nov-23 Occupational Safety and Emergency Preparedness Improper maintenance of the portable Develop a maintenance plan for 8 Health boilers tanks. portable boilers tanks. Nov-23 Occupational Safety and Emergency Preparedness Insufficient number of workers trained Train at least 10% of the workforce 8 Health in the use of fire-fighting equipment on the use of fire-fighting equipment. Assessment November 2022 Nov-22 Working Time Leave Workers received 12 days of annual Provide 15 days of annual leave to leave instead of the 15 days as workers after one year of service. prescribed by law. Nov-22 Working Time Regular Hours The hours worked on Sunday are not Ensure that all working hours are Working hours on Sunday are computed nor displayed in the payroll. displayed in the payroll. recorded in the payroll. Nov-22 Working Time Regular Hours The regular working hours is Revise the internal regulations and The June 13 decree suspends equivalent to 9 hours per day and 54 make sure that the regular hours the 3*8 law. hours per week. do not exceed 48 hours per week. Nov-22 Occupational Safety and Emergency Preparedness Improper maintenance of electrical Provide additional training to The factory has a very special Health wiring and presence of hazardous workers on electrical hazards. space to recharge bulbs and materials near electrical system. telephones and additional Display picture of electrical hazards training on electrical hazards on the floor. has been provided to workers. Pictures on electrical hazards Develop a maintenance plan for has been displayed on the forklift equipment floor. Furthermore, management keep a maintenance rerarde far the [page 117] Nov-22 Occupational Safety and Emergency Preparedness Obstructed aisles and exit doors. Remind supervisors about their Additional space have been Health responsibility to enforce OSH in identified and also the factory their area. Identify additional is using containers to stored storage area. Review and update finished products. the internal audit procedure. Nov-22 Occupational Safety and Emergency Preparedness Evacuation maps are not consistent Repaint the factory floors and The fabric warehouse has been Health with the layout of the factory floors. updated the evacuation maps. marked and evacuation arrows Then post the maps. are visible to workers. The Compliance Officer is responsible for the daily checks Nov-22 Occupational Safety and Emergency Preparedness Obstructed fire extinguishers. Set up additional workshop for Set up additional workshop for Health workers. Marking on the floor, workers. review and update the internal Review and update the internal audit procedure. audit procedure. Nov-22 Occupational Safety and Health Services and First Insufficient medical staff. Hire additional medical staff to The factory hired 6 additional Health Aid have at least 10 nurses for the nurses. The medical staff has current workforce. 10 nurses. Nov-22 Occupational Safety and Health Services and First Workers had not received an annual Discuss the legal requirements with Health Aid health check performed by OFTAMA as the General Manager then pay the prescribed by law. health cards. Nov-22 Occupational Safety and Health Services and First Newly hired workers have not Discuss the legal requirements with Health Aid received the health cards within the the General Manager first 3 month of hiring. Pay the health cards. keep record of the invoice received from OFATMA for work related accident. Ensure that workers received the health cards within the first 3 Nov-22 Occupational Safety and Welfare Facilities Insufficient number of toilets. Discuss the legal requirements with Health the General Manager. Then, Increase the number of toilet. Nov-22 Occupational Safety and Working Environment Working environment is not properly Ensure that working environment is Health maintained. clean andtidy. Factory should periodically clean the workspace during workhours. [page 118] Nov-22 Occupational Safety and Working Environment Lux level is insufficient in several Increase the light level to reach 300 The factory has installed more Health sections. lux in Pressing section, 500 lux in light and transparent Skylight Sewing, cutting, packing. 750 lux in Sheet. Based on the trimming and Inspection section. monitoring system shared with the advisor, the lux level is in compliance. Nov-22 Occupational Safety and Working Environment Workplace temperature exceed 30 Cin Increase the ventilation with Health all buildings. additional fans. Specify who is in charge of regular maintenance of the fans. Nov-22 Occupational Safety and Worker Protection Improper maintenance of electrical Provide additional training for Training has been provided to Health wiring. workers and supervisors on workers and supervisors on electrical safety. electrical safety. Display picture of electrical hazards. Include this aspects in the daily and Nov-22 Occupational Safety and Chemicals and Hazardous The spot cleaning area where Provide additional training for Eye wash bottles have been Health Substances chemicals are used, does not have an workers and supervisors. installed where chemicals are adequate eye washing station. Review and update the internal used and stored. audit procedure. Install eye wash station where chemicals are used in stored. Nov-22 Occupational Safety and Chemicals and Hazardous Chemicals and hazardous products are Provide additional training for Health Substances not stored in the proper container and workers and supervisors identified. Review and update the internal audit procedure Nov-22 Contracts and Human Termination The calculation of the average salary Discuss legal requirements with the The June 13 decree suspends Resources for bonus upon termination does not General Manager, pay the lunch the 3*8 law, so Better Work is include the lunch break payment. break and include the payment in not finding non-compliance for the average salary. non-payment of the lunch Nov-22 Contracts and Human Termination The calculation of the average salary Discuss legal requirements with the The June 13 decree suspends Resources unused paid annual leave upon General Manager, pay the lunch the 3*8 law, so Better Work is termination does not include the lunch break and include the payment in not finding non-compliance for break payment. the average salary. non-payment of the lunch break. Nov-22 Contracts and Human Termination The calculation for the applicable Discuss legal requirements with the The June 13 decree suspends Resources notice period upon termination does General Manager, pay the lunch the 3*8 law, so Better Work is not include the lunch break payment. break and include the payment in not finding non-compliance for the calculation of the notice period. non-payment of the lunch break. Nov-22 Contracts and Human Employment Contracts Several workers did not receive a copy Provide a contract to all employees. The company has delivered Resources ofthe contract. contracts to more than 90% of the employees. [page 119] Nov-22 Compensation Social Security and Other The calculation for annual salary Discuss legal requirements with the The June 13 decree suspends Benefits supplement or bonus does not include General Manager, pay the lunch the 3*8 law, so Better Work is the lunch break payment. break and include the payment in not finding non-compliance for the annual salary supplement or non-payment of the lunch bonus. break. Nov-22 Compensation Social Security and Other Workers' and employer's contribution Discuss legal requirements with the Payments are made until the Benefits to OFATMA for maternity and health General Manager, pay the lunch month of November 2021. insurance is not accurate and is break and Forward worker's forwarded late. contribution to OFATMA within the first 10 business days of the next month for the previous month. Nov-22 Compensation Social Security and Other Assessors were not able to verify the Keep records of the invoice Benefits payment for OFATMA work related received from OFATMA. Pay accident insurance. OFATMA work related accident on time. Nov-22 Compensation Social Security and Other The employer does not forward the Discuss legal requirements with the Benefits collected contribution to ONA on a General Manager, pay the lunch monthly basis. break and Forward worker's contribution to ONA within the first 10 business days of the next month for the previous month. Nov-22 Compensation Social Security and Other The employer's contribution to ONA is Discuss legal requirements with the Benefits not calculated on workers' average General Manager, pay the lunch salary and does not include the lunch break and Forward employer break payment. contribution to ONA within the first 10 business days of the next month for the previous month. Nov-22 Compensation Paid Leave The factory did not pay annual leave, Discuss legal requirements with the Sick leave, maternity leave and the General Manager. daily break correctly. Pay the lunch break and include it in the calculation of annual leave, sick leave, maternity leave. Nov-22 Compensation Paid Leave The lunch break is not compensated. Discuss legal requirements with the The June 13 decree suspends General Manager and pay the the 3*8 law, so Better Work is lunch break. not finding non-compliance for non-payment of the lunch Nov-22 Compensation Paid Leave Eligible workers received 6 weeks of Eligible workers mut be provided maternity leave instead of the 12 12 weeks of maternity leave. 6 weeks, as prescribed by the law. weeks before delivery and 6 weeks after delivery. Nov-22 Compensation Paid Leave The calculation for sick leave payment Discuss legal requirements with the The June 13 decree suspends does not include the lunch break General Manager. Then, pay the the 3*8 law, so Better Work is payment. lunch break and include it in the not finding non-compliance for calculation of sick leave. non-payment of the lunch break [page 120] Nov-22 Compensation Paid Leave The calculation of the annual leave Discuss legal requirements with the The June 13 decree suspends payment does not include the lunch General Manager. Then, pay the the 3*8 law, so Better Work is break payment. lunch break and include it in the not finding non-compliance for calculation of annual leave. non-payment of the lunch hreak [page 121] BETTER WORK HAITI - 27TH SYNTHESIS REPORT LS Factory: Everbright Headwear Location: Ouanaminthe Number of workers: 1474 Date of registration: Jan-20 Date of last two Better May-23 Apr-24 Work assessments: Advisory and Traininq Services 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 15-Mar-24 Industry Seminar Virtual Workers' Rights & Responsibilities 23-Feb-24 Advisory services Virtual meeting with the bipartite committee to present the role and responsibility of the committee. Then identified the objectives for 2024. Conduct a session with the new compliance Manager on BW process. Provide guidance on internal policies and procedures that are in place. 24-Nov-23 Advisory services Meeting to conduct a session with the bipartite committee on how to conduct effective meeting, explain the role and responsibility of the committee. OSH tour with a focus on emergency preparedness. Documentation review such as training records, internal regulation and accident records. 13-Oct-23 Industry Seminar Virtual Leadership Skills 20-Sep-23 Industry Seminar Human Resources Management (HRM) 14-Sep-23 Advisory services Factory tour to validate pending issues in the improvement plan, interview with OSH committee members to understand the root causes of Persistent OSH non compliance. Bipartite meeting to present the last assessment visit report and Follow up on the case of sexual Harassment. 13-Sep-23 Industry Seminar ToT Problem Solving 8-Sep-23 Industry Seminar Negotiation Skills 31-Aug-23 Industry Seminar Industrial Relations 28-Jul-23 Industry Seminar Virtual Preventing and Addressing Sexual Harassment for Middle Management 28-Jul-23 Advisory services Meeting with union leaders to discuss about general issues at the factory, OSH tour on chemical management. Meeting with HR staff and workers on allegation of sexual harassment. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment April 2024 Apr-24 Occupational Safety and OSH Management Management did not show evidence Include a risk register in the 25 Health Systems of a risk register that drives the procedure that drives the implementation of controls (list of implementation of controls (list risks with due dates, owners and of risks with due dates, owners next steps). and next steps). [page 122] Apr-24 Occupational Safety and OSH Management The employer does not investigates Regular management review of 25 Health Systems 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 Management did not show evidence _ - Define accountability and/or 25 Health Systems of accountability and/or responsibilities for OSH officer responsibilities for OSH officer as as well as top management well as top management- - Establish clear reporting lines Establishing clear reporting lines on on OSH matters Apr-24 Contracts and Human Employment Contracts The grievance procedure does not Include in the procedure: 40 Resources include communication of changes -Communication of changes made and a resolution as made and resolution annranriata Apr-24 Contracts and Human Employment Contracts The disciplinary and termination Include in the procedure: 40 Resources procedures are not adequate. - The right to defend oneself prior to termination, and to representation during disciplinary processes; - Timeframes for warnings and naumante Apr-24 Contracts and Human Employment Contracts The factory did not show any Develop HR procedure on HR 40 Resources evidence where management performance indicators. investigates shortcomings or issues in HR performance was provided during the assessment visit. Apr-24 Contracts and Human Employment Contracts The communication on HR policies Communicate HR policies and 40 Resources and procedures does not include procedures through Induction induction training for workers and training for workers and staff staff. Apr-24 Working Time Overtime The factory did not have prior Request prior authorization 3 authorization from MAST before from MAST before working on working on overtime. overtime. Apr-24 Working Time Overtime A review of attendance records Ensure that workers do not 3 revealed that several workers have exceed 80 hours overtime per completed more than 80 hours trimester. overtime per trimester. Apr-24 Working Time Overtime The factory did not have prior Request prior authorization 3 authorization from MAST before from MAST before working on working on Saturday and Sunday. Saturday and Sunday. [page 123] Apr-24 Working Time Overtime A review of documents revealed that Request prior authorization 3 the factory did not obtain prior from MAST before working authorization from MAST to perform overtime. overtime. According to the law, only MAST can determine the necessity and approval for overtime work. Apr-24 Working Time Regular Hours The factory did not have prior Request prior authorization 3 authorization from MAST before from MAST before working at working at night. night. Apr-24 Working Time Regular Hours During the assessment, assessors Keep an accurate attendance 3 found some discrepancies in the records for all workers. attendance reviewed. Apr-24 Working Time Regular Hours The regular daily or weekly hours Modify the regular daily or 3 exceed the legal limit and therefore weekly hours to comply with do not comply with the labor code. the labor code. Apr-24 Occupational Safety and Emergency Preparedness The total number of workers trained Train at least 10 percent ofthe The training ofthe 10 40 Health in fire-fighting is less 10 percent of workforce in fire-fighting for percent of workers in fire the workforce as recommended by the day shift and night shift. fighting in day shift has Better Work. been done and 10 percent on night shift is in process Apr-24 Occupational Safety and Emergency Preparedness Assessors observed that escape Provide additional space for The boxes have been 40 Health routes were obstructed in the storing boxes. removed also we have put pressing and sewing areas. in place a daily check in all important areas. Apr-24 Occupational Safety and Emergency Preparedness Assessors observed that building 3 Provide at least two exit door The factory has identified 40 Health has only one door identify as an exit. for each building. two exit door in each building. Apr-24 Occupational Safety and Emergency Preparedness Assessors observed that the floors Update the evacuation map- 40 Health need to be remarked in several areas Paint evacuation arrows and in the buildings and they are missing signs. most of the evacuation route as well. Apr-24 Occupational Safety and Emergency Preparedness Improper maintenance of fire 1. Provide adequate firefighting Corrected during the 40 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 [page 124] Apr-24 Occupational Safety and Emergency Preparedness The stockroom where raw materials 1. Have a fire detection system 40 Health are stored does not have a fire in the stock of raw material detection system installed. 2. include this in the system of daily-weekly checks Apr-24 Occupational Safety and Health Services and First None of the workers working at Train at least 10 percent of the 40 Health Aid night has been trained in first aid. workforce for the night shift Apr-24 Occupational Safety and Health Services and First First aids boxes are missing 8 outthe 1. Equip first aid box 2. Define 40 Health Aid 21 items in the inventory list. responsibility for refilling 3. Define responsibility for checking and include this in the system of daily-weekly checks Apr-24 Occupational Safety and Health Services and First The factory does not have an onsite Hire the required medical staff 40 Health Aid medical facilities and staff as for day shift and night shift required by art. 478 and 479 of the workers. Ishor rnda Apr-24 Occupational Safety and Welfare Facilities Assessors observed that soap was Provide soap dispenser- Define 15 Health not available in all toilets. who will 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 40 Health as 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 The lux level comply with 3 Health is unacceptable. the recommended limits. Apr-24 Occupational Safety and Working Environment The level of noise in the workplace is 1- Add rubber under the 25 Health unacceptable. machine2- Measure again the noise level & compare with threshold value Apr-24 Occupational Safety and Working Environment The temperature level in the 1. Install additional fans2. The factory has taken 3 Health workplace is unacceptable. Specify who is in charge of measure already to regular maintenance of the regulate the temperature fans3. Conduct regular in each area doing a measurement of temperature & proper a maintenance to compare with threshold value the cooling system. Apr-24 Occupational Safety and Worker Protection Assessors noticed that the circuit 1. Assign an electrician to 40 Health breakers were not or properly labelled all circuit breakers and labelled. In addition, assessors conduct more regularly checks observed that one electrical box was 2. include this aspect in the obstructed in the factory. system of daily-weekly checks [page 125] Apr-24 Occupational Safety and Worker Protection Assessors observed that single- Develop a preventive 40 Health needle machines were missing their maintenance on machine finger guards, the bartack machines guards (which guards are were missing their finger eye needed on which machines) guards. 30 percent of all machines were missing their pulley guards. Apr-24 Occupational Safety and Worker Protection The factory did not provided proper Provide employees with all 40 Health PPE to all workers. necessary personal protective clothing and equipment. Post signs to remind workers about the PPE obligations. Apr-24 Occupational Safety and Chemicals and Hazardous Several hazardous chemicals were Keep chemical MSDS for all 40 Health Substances found without chemical safety data hazardous chemicals used in sheets. the workplace. Apr-24 Occupational Safety and Chemicals and Hazardous The chemical storage areas do not Provide protective equipment 40 Health Substances have not all the safety requirements and Safety data sheets where such as protective equipment and chemicals are used and stored. Safety data sheets available for all chemicals. Apr-24 Occupational Safety and Chemicals and Hazardous Unlabeled containers of chemicals. Define who is entitled to pour The factory have been 40 Health Substances chemicals in other recipients collected all the and label them. containers without label. Someone is assigned to properly label all chemicals that enter the Apr-24 Occupational Safety and Chemicals and Hazardous The chemical inventoryis inaccurate Assign responsible persons for 40 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 The employer has not trained all - Train all joint OSH committee 25 Health Systems joint OSH committee members and members. Posted policies and work - Post policies and work instructions around the workplace. instructions around the workplace. Apr-24 Occupational Safety and OSH Management The factory does not record and 1. Declare accidents to local 40 Health Systems submit work related accidents to authorities2. Investigate OFATMA on a monthly basis. accidents and develop preventive & remediation actions3. Prepare investigation ranart [page 126] Apr-24 Contracts and Human Termination Assessors were not able to verify if Pay workers their annual salary 40 Resources the employer pay workers their supplement or bonus upon annual salary supplement or bonus termination as required by law. upon termination, because the factory did not provided any proof of payment to the assessors. Apr-24 Contracts and Human Termination Assessors were not able to verify if Pay workers their unused paid 40 Resources the employer pay workers their annual leave when they resign unused paid annual leave when they or terminated as required by resign or terminated, because the law. factory did not provided any proof of payment to the assessors. Apr-24 Contracts and Human Termination Assessors were not able to verify if Pay workers their severance 40 Resources the employer pay workers their payment upon termination and severance payment upon keep records for at least 5 termination, because the factory did years. not provided any proof of payment Apr-24 Contracts and Human Employment Contracts The factory does not an have Request the approval of the 40 Resources internal work rules approved bythe Internal work rules. Once Ministry of Labor and posted inthe approved the internal work workplace. rules need to be displayed in the workplace. Apr-24 Contracts and Human Employment Contracts A review of worker contracts Review and make updates to 40 Resources revealed that the apprentice the apprentice contract as contracts were not approved bythe required by law. Ministry of Labor (MAST), as legally eanirnd Apr-24 Compensation Social Security and Other The factory did not send workers pay Send workers pay slip for the 40 Benefits slip for the last 3 months to OFATMA last 3 months to OFATMA for for sick leave and maternity leave sick leave and maternity leave payment. payment. Apr-24 Compensation Social Security and Other The factory does not collect and Collect and forward workers’ 40 Benefits forward workers’ contributions to contributions to OFATMA OFATMA. monthly. Apr-24 Compensation Social Security and Other ONA deduction are based on the Calculate employer's 40 Benefits minimum salary because money for contribution to ONA on production incentive, assistance Workers' basic salary. Then bonus and production bonus are not forward the contribution to included in the calculation. ONA within the first 10 business days of the next month for the DETTE [page 127] Apr-24 Compensation Social Security and Other The employer's contribution to Calculate Employer's 40 Benefits OFATMA is made late. Furthermore, contribution on Workers' basic the calculation for the payment is salary. Then forward the based on the minimum salary. contribution to OFATMA within the first 10 business days of the next month for the previous month. Apr-24 Compensation Social Security and Other Employer's contribution to ONA Calculate ONA deduction on 40 Benefits deduction are based on the Workers' basic salary. Then minimum salary because money for forward worker's contribution production incentive, assistance to ONA within the first 10 bonus and production bonus are not business days of the next included in the calculation. month for the previous month. Apr-24 Compensation Social Security and Other Assessors were not able to verify Pay annual salary supplement 40 Benefits that the employer pay workers on the daily average salary and correctly for annual salary keep payment records for at supplement or bonus, because any least 5 years. detail payment record was not Apr-24 Compensation Paid Leave Assessors noted that several workers Pay the weekly rest day after 48 40 have accumulated 48 hours even hours of work or 6 working Within in 5 working days or less and days per week as required by no weekly rest day payments were law. Weekly rest day payment is noted in the payroll as required by based on the average salary. Apr-24 Compensation Paid Leave The factory only paid 6 weeks of Register with OFATMA for 40 maternity leave where workers are maternity and health insurance entitled to 12 weeks of payment to OFATMA when the factory is registered with Send workers’ pay slip and OFATMA for maternity and health documents to OFATMA insurance based on labor Code. Ensure that workers receive full payment for maternity leave Apr-24 Compensation Paid Leave Assessors were not able to verify Register with OFATMA for 40 that the employer pay workers maternity and health insurance correctly for sick leave, because any to OFATMA. Send workers" pay detail payment record was not slip and documents to OFATMA provided. for sick leave and maternity leave payment. Apr-24 Compensation Paid Leave Assessors were not able to verify Pay annual leave based on the 40 that the employer pay workers daily average salary and keep correctly for annual leave, because payment records for at least 5 any detail payment record was not years. Apr-24 Compensation Wage Information, Use ces hours were not registered Make an amendment to the 3 and Deduction for several workers. Therefore, this employment contract and category of employees were not ensure that overtime are paid compensated for overtime while to all categories of workers. they confirm to perform overtime. [page 128] Apr-24 Compensation Overtime Wages Overtime performed at night were Make adjustments in the payroll 3 pay only at 50 percent above the system and ensure that night normal wage. In addition, a review overtime is paid with increases of attendance and payroll records of 100 percent above the revealed that overtime work hours normal wage. performed beyond 6 PM for day shift were paid 50 percent above normal waae instead of 100 nercent Assessment May 2023 May-23 Occupational Safety and Chemicals and Hazardous The inventory of chemical and Assign responsible persons for Health Substances hazardous products is incomplete. updating inventories of hazardous substances in the various locations where they are stored or used. May-23 Occupational Safety and Chemicals and Hazardous Unlabeled containers of chemicals. Define who control the Health Substances chemical container on receipt from supplier and control the May-23 Occupational Safety and Chemicals and Hazardous The chemical storage areas do not EME that chemical storage Health Substances have not all the safety requirements. area meet all safety requirements. May-23 Occupational Safety and Chemicals and Hazardous MSDS are not available for all Keep chemical MSDS for all Health Substances chemicals product. hazardous chemicals used in the workplace. May-23 Occupational Safety and Collective Bargaining Collective bargaining violation. Discuss legal requirements with Health the factory Manager and register all workers for maternity and Health May-23 Occupational Safety and Emergency Preparedness There was no smoke detector inthe Install a smoke detector in this Health stock room between building 1 and area and add this aspect in the 2. daily or weekly checks. May-23 Occupational Safety and Emergency Preparedness Undercharged, obstructed and Install firefighting equipment in Health missing fire extinguishers, in several the warehouse building. areas of the workplace. May-23 Occupational Safety and Emergency Preparedness The floor was not clearly marked and Update the evacuation map and Health the evacuation plan need to be Post evacuation map in all updated. buildings. May-23 Occupational Safety and Emergency Preparedness Emergency exit was locked during Provide additional space for Health the working hours and escape storing goods. Give instruction routes were obstructed. to security and staff not to close gates in case of fire. [page 129] May-23 Occupational Safety and Emergency Preparedness Fire drills are not conducted twice a Conduct at least one Health year as recommended. emergency drill every 6 months. May-23 Occupational Safety and Emergency Preparedness The total number of workers trained Train at least 10 percent of the Health in fire-fighting is less 10 percent of workforce in fire-fighting. the workforce. May-23 Contract and Human Employment Contracts The apprentice contracts were not Send the apprentice contracts Resources approved by the Ministry of Labor to the Ministry of Labor (MAST) (MAST), as legally required. for approval. May-23 Contract and Human Employment Contracts The factory does not have internal Review the internal work rules. Resources work rules approved by the Ministry Send the document to MAST for of Labor. approval. Ensure that all the pages are stamped. May-23 Contract and Human Employment Contracts The factory does not have an HR Develop an HR policy that is Resources policy that is signed by top signed by top management. May-23 Contract and Human Employment Contracts No evidence where management investigates shortcomings or Resources investigates shortcomings or issues issues in HR performance. in HR performance was provided during the assessment visit. May-23 Contract and Human Employment Contracts Disciplinary and termination Include the following points in Resources procedures not adequate. the procedure such as: - The right to defend oneself prior to termination, and to representation during disciplinary processes; - Timeframes for warnings and payments. May-23 Contract and Human Employment Contracts The grievance procedure is not Include in the procedure Resources adequate. communication of changes made and resolution. May-23 Occupational Safety and Health Services and First Worker did not receive the health Pay the health cards and Health Aid cards within the first 3 months of request OFATMA to conduct the hiring. health checks. May-23 Occupational Safety and Health Services and First No evidence of medical checks for Conduct the health checks twice Health Aid workers exposed to work-related a year. hazards were present in worker's May-23 Occupational Safety and Health Services and First No evidence of annual medical Pay the health cards and Health Aid checks were present in worker's request OFATMA to conduct the files. health checks. [page 130] May-23 Occupational Safety and Health Services and First The factory does not have an onsite Set up a clinic approved by the Health Aid medical facilities and staff as Authorities or Hire the required required by art. 478 and 479 of the medical staff. lahor code May-23 Occupational Safety and Health Services and First First aids boxes are missing several Equip first aid box and define Health Aid items listed in the inventor)y list. responsibility for refilling. May-23 Occupational Safety and Health Services and First The total number ofworkerstrained Train atleast 10 percent ofthe Health Aid in first aid is less 10 percent of the workforce in first aid. workforce as recommended by Better Work. May-23 Occupational Safety and OSH Management The factory does not record and Assign responsibilities to record Health Systems submit work related accidents to work related accidents. OFATMA on a monthly basis. Send a report to OFATMA and keep a copy as record May-23 Occupational Safety and OSH Management Management did not define Define accountability and/or Health Systems accountability and/or responsibilities responsibilities for OSH officer for OSH officer as well as top as well as top management. management. May-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. policies. Post of evacuation plans in all buildings May-23 Occupational Safety and OSH Management The employer does not investigates Investigates monitors and Health Systems monitors and measures OSH issues. measures OSH issues through: Regular test, survey and inspections. May-23 Occupational Safety and OSH Management The factory does not have an Develop an emergency Health Systems emergency preparedness procedure. preparedness procedure that includes: Reporting fires, alerting all employees to evacuate, accounting for all employees after an evacuation. May-23 Occupational Safety and OSH Management The factory does not have a Develop a hazard/risk Health Systems hazard/risk management and management and control control procedure. procedure that includes: A systematic approach to identifying hazards. [page 131] May-23 Occupational Safety and OSH Management The factory does not have an Develop the policy in Health Systems adequate OSH policy that is signed consultation with workers and by top management. their representatives which include measurable objectives and improvement targets. May-23 Compensation Paid Leave The calculation for annual leave Pay the lunch break. The June 13 decree payment does not include the lunch suspends the 3*8 law, so break 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 Register the workers to the average earnings. OFATMA 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 May-23 Compensation Paid Leave Maternity leave payments are not Register the workers to based on the average earnings. OFATMA 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 May-23 Compensation Paid Leave Lunch break is not compensated in Pay the lunch break. The June 13 decree the payroll. suspends the 3*8 law, so Better Work is not finding non-compliance for non- payment of the lunch break. May-23 Working Time Regular Hours The regular working hours are from Ensure that regular hour do not The 3*8 Law stating that 7:00 AM to 5:00 PM including a 1 exceed 48 hours per week. the lunch break is an hour daily break, 5 days a week, integral part of the eight- which is equivalent to 9 hours per hour day is no longer day and 50 hours per week. applicable. May-23 Compensation Social Security and Other The factoryis affiliated with OFATMA Discuss legal requirements with Benefits for accident insurance and payments the General Manager and pay for the fiscal year 2022-2023 have the health cards. been made. However, the factory did not pay the health card (CDS). [page 132] May-23 Compensation Social Security and Other The calculation of the average salary Pay the lunch break. The June 13 decree Benefits for the payment of annual salary suspends the 3*8 law, so supplement or bonus does not Better Work is not finding include the lunch break payment. non-compliance for non- payment of the lunch break. May-23 Compensation Social Security and Other The factory collects and forward Calculate ONA deduction on Benefits workers’ contribution to ONA. Workers' basic salary However, ONA deduction are based Forward worker's and on the minimum salary. employers' contribution to ONA within the first 10 business days of the next month for the May-23 Compensation Social Security and Other The factoryis not registered for Discuss legal requirements with Benefits OFATMA maternity and health the General Manager. insurance. Register with OFATMA for maternity and health insurance. May-23 Compensation Social Security and Other The factory submits employer's Calculate ONA deduction on Benefits contributions to ONA. However, ONA Workers' basic salary deduction are based on the Forward worker's and minimum salary. employers' contribution to ONA within the first 10 business days of the next month for the May-23 Compensation Social Security and Other The factoryis not registered for Register with OFATMA for Benefits OFATMA maternity and health maternity and Health insurance. insurance. May-23 Compensation Social Security and Other The factory did not send workers pay Send workers pay slip to Benefits slip to OFATMA for sick leave and OFATMA for sick leave and maternity leave payment. maternity leave payment. May-23 Compensation Termination The employer provides the payment Pay the lunch break. The June 13 decree for the applicable notice period. suspends the 3*8 law, so Better Work is not finding non-compliance for non- payment of the lunch break. May-23 Compensation Termination The employer compensates workers Pay the lunch break. The June 13 decree for 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. [page 133] May-23 Compensation Termination The employers pays workers their Pay the lunch break. The June 13 decree annual salary supplement 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 Wage Information, Use The time records between the Have an accurate and detailed and Deduction payroll and attendance record did payroll system. not match. May-23 Occupational Safety and Welfare Facilities Insufficient number of toilets. Increase the number of toilets Health as required by law. May-23 Occupational Safety and Welfare Facilities During the factory tour assessors, Provide soap dispenser and Health observed that soap was not available define who will check that soap in all toilets. is available. May-23 Occupational Safety and Worker Protection The employer has not provided Provide employees with all Health proper PPE to all workers. necessary personal protective clothing and equipment according to PPE regulation. May-23 Occupational Safety and Worker Protection The factory did not provide any Develop a training plan Health training records for the use of Provide training on PPE personal protective equipment and machines. May-23 Occupational Safety and Worker Protection 90 percent of the single-needle Define who is in charge of Health machines were missing their finger _ installing and regularly guards. maintaining the machine auards. May-23 Occupational Safety and Worker Protection During the factory tour, assessors Make sure that warning sign is Health observed that one electrical box was posted on the door ofthe obstructed on the floor. electrical panel. May-23 Occupational Safety and Working Environment Noise level exceed 90 dB for 8 Noise level should not exceed Health hours/day. 90 dB for workers exposed to noise 8 hours/day. May-23 Occupational Safety and Working Environment The factory used two of the toilets in Ensure that storage area is Health the packing section as storage. clean. However, it is not a clean zone. Add this aspect in the daily and weekly check. [page 134] BETTER WORK HAITI - 27TH SYNTHESIS REPORT . Factory: Fairway Apparel S.A. Location: Arrondissement de Port-au-Prince Number of workers: 455 Date of registration: Jan-11 Date of last two Better Mar-22 Mar-23 Work assessments: Notes: Due to the country situation, BWH was not able to assess this factory when its assessment was due in the first trimester of 2024. Advisory and Training Services 19-Jun-24 Advisory services Meeting with management to: Follow-up on factory actual situation. Follow-up on workers on suspension Follow-up on OFATMA insurance implementation Follow-up on actual number of the factory, last ONA payment and payment for OFATMA accident 2023-2024. 12-Apr-24 Advisory services Meeting with management to: Follow-up on factory actual situation. Follow-up on workers on suspension Follow-up on OFATMA insurance implementation Follow-up on actual number of the factory, last ONA payment and payment for OFATMA accident 2023-2024. 18-Mar-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 the factory, last ONA payment and payment for OFATMA accident 2023-2024. Advise the factory on the incoming question in the new assessment based on the 3*8 law the government put on hold. 15-Mar-24 Industry Seminar Virtual Workers' Rights & Responsibilities 14-Nov-23 Meeting with bipartite committee to: Follow-up on factory actual situation. Follow-up on OFATMA insurance implementation Follow-up on actual number of the factory, last ONA payment and the final payment for OFATMA accident. 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. 30-Oct-23 Advisory services Meeting with management to: Discuss proof of progress on the Improvement plan. Follow-up on actual number of the factory, last ONA payment and the final payment for OFATMA accident. Added all corrective actions completed in the improvement plan. 12-Oct-23 Industry Seminar Virtual Leadership Skills 18-Aug-23 Advisory services Meeting with management to: Discuss proof of progress on the Improvement plan. Follow-up on actual number of the factory, last ONA payment and the final payment for OFATMA accident. Factory tour between BW and the compliance of the factory. Added all corrective actions completed in the improvement plan. 18-Jul-23 Industry Seminar Virtual Preventing and Addressing Sexual Harassment for Workers 21-Jul-23 Industry Seminar Virtual Preventing and Addressing Sexual Harassment for Supervisory 7-Jul-23 Industry Seminar Virtual GBVH Cluster Training ( Introduction, Grievance Mechanism, Gap Analysis & PFA) [page 135] 6-Jul-23 Advisory services Factory tour with the factory compliance officer to verify the OSH issues that the factory already solved. Meeting with Bipartite committee to: Discuss the new decree that put the 3*8 law on pause. Follow-up on OFATMA maternity and health insurance. Review the new improvement plan to find out the root cause of the non-compliance and lock for remediation action needed ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment March 2023 Mar-23 Occupational Safety and OSH Management Systems The OSH policy does not meet all the Update and adjust OSH policy and 32 Health requirements. procedures. Mar-23 Occupational Safety and OSH Management Systems The factory does not have a hazard/risk Update and adjust hazard/risk 32 Health management and control procedure management and control that includes all the requirements. procedures. Mar-23 Occupational Safety and OSH Management Systems The factory does not have a written Revise the accident investigation 32 Health accident investigation procedure that procedure to include root cause includes all the requirements. analysis. Mar-23 Occupational Safety and OSH Management Systems The employer has failed to investigate, Ensure that all OSH issues are 32 Health monitor and measure OSH issues as investigated, monitored and required. measured accurately. Mar-23 Contracts and Human Employment Contracts The grievance handling and dispute Review the procedure and include 32 Resources resolution procedures does not include fair review and appeal process, all the necessary elements. communication of changes made or resolution. Mar-23 Contracts and Human Employment Contracts The disciplinary and termination Review the procedure to include 32 Resources procedures does not include all the details on the workers’ rights to necessary steps. defend themselves prior to termination, and to representation during disciplinary processes. Mar-23 Contracts and Human Employment Contracts The factory does not properly Review the procedure to identify 32 Resources investigate violations of HR policies and weaknesses and make necessary procedures. adjustments to prevent recurrence. Mar-23 Working Time Regular Hours Inaccurate attendance records. Ensure that workers are directly 32 accountable for effectively recording their own working time. Mar-23 Working Time Regular Hours The required break was not provided to Give the legally required break to 32 pregnant women. all pregnant women. [page 136] Mar-23 Working Time Regular Hours Regular working hours did not meet Modify the internal work rules and 10 legal requirements. ensure the regular working hours do not exceed 8 hours per day and 48 hours per week Mar-23 Occupational Safety and Emergency Preparedness Insufficient number of workers trained Train at least 10% ofthe workforce The factory has trained 14 42 Health in the use of fire-fighting equipment on the use of fire-fighting additional worker in the use of equipment. fire-fighting equipment. However, this training was not provided by a certified company or trainer. Mar-23 Occupational Safety and Emergency Preparedness The employer did not conduct at least 2 Conduct fire drill at least twice a 42 Health emergency drills per year. year. Mar-23 Occupational Safety and Emergency Preparedness Obstructed aisles in several sections of Keep routes unobstructed during Nowthe stairs in the cutting 75 Health the workspace. working hours. section is unobstructed during working hours including overtime. Mar-23 Occupational Safety and Emergency Preparedness Unmarked escape routes, were Ensure that the escape routes in 32 Health observed during the assessment. the warehouse building are clearly marked Mar-23 Occupational Safety and Emergency Preparedness Improper maintenance of fire Provide adequate firefighting The factory unobstructed the 42 Health extinguishers. equipment and Ensure regular fire extinguisher on the sewing maintenance is done. floor. Mar-23 Occupational Safety and Health Services and First Aid Insufficient number of workers trained Train at least 10 percent of the The factory has trained 15 42 Health in first aid. workforce in first aid. additional workers in first aid. Mar-23 Occupational Safety and Health Services and First Aid First aid boxes are missing basic items The factory needs to designate a 42 Health and one expired medicine. person to monitor the inventory of the first aid boxes. Mar-23 Occupational Safety and Health Services and First Aid Insufficient medical personnel. Hire additional nurses to comply 75 Health with the labor code. Mar-23 Occupational Safety and Health Services and First Aid Incomplete annual medical checks Proactively work with OFATMA to 75 Health provide to workers. distribute the health cards and conduct the medical checks as required Mar-23 Occupational Safety and Health Services and First Aid Incomplete medical checks provide Proactively work with OFATMA to 75 Health twice a year to workers exposed to distribute the health cards and work-related hazards conduct the medical checks as required Mar-23 Occupational Safety and Health Services and First Aid Incomplete medical checks provide Proactively work with OFATMA to 75 Health Within the first three months ofhiring distribute the health cards and to workers. conduct the medical checks as required Mar-23 Occupational Safety and Welfare Facilities Insufficient number of Toilets. Increase the number of toilets. 16 Health [page 137] Mar-23 Occupational Safety and Working Environment light levels were inappropriate in some Ensure the lighting is adequate and 42 Health working sections. adapted to worker's needs. Mar-23 Occupational Safety and Worker Protection Assessors observed that standing Provide standing mats or foot rests 42 Health workers were not provided with to all standing workers. ergonomic mats. Mar-23 Occupational Safety and Worker Protection Sewing machines were missing pulley Install the proper safety guards on 16 Health guards. all machines. Mar-23 Occupational Safety and Worker Protection The factory did not provide appropriate Provide proper PPE to all workers, 32 Health PPE to all workers. including weight lifting belts and masks. Mar-23 Occupational Safety and Chemicals and Hazardous Eye wash station is not available in the Install eye wash stations in all 32 Health Substances chemical room. places where chemical and hazardous substances are used. Mar-23 Occupational Safety and Chemicals and Hazardous MSDSs are not available in local Translate MSDS in the local 32 Health Substances language for all chemicals used inthe language and post them where workplace. chemical products are used. Mar-23 Occupational Safety and Chemicals and Hazardous The factory does not have appropriate Ensure that the factory has a 16 Health Substances chemical storage area. proper chemical storage with all requirements safety Mar-23 Occupational Safety and Chemicals and Hazardous Chemicals and Hazardous Substances Label all chemicals and hazardous 32 Health Substances not properly labelled in the mechanic substances used in the workplace. workshop. Mar-23 Occupational Safety and Chemicals and Hazardous Inventory of chemicals and hazardous Update inventory of chemicals and 77 Health Substances substances is not updated. hazardous substances in the workplace. Mar-23 Occupational Safety and OSH Management Systems The structural safety certificate was not Request a structural safety 16 Health available. certificate from the city hall. Mar-23 Occupational Safety and OSH Management Systems The factory does not record and submit Record and submit work related 16 Health work-related accidents to OFATMA on a accidents to OFATMA on a monthly monthly basis. basis. Mar-23 Occupational Safety and OSH Management Systems The factory did not provide any keep records of the meeting 16 Health evidence of OSH bipartite meeting or minutes on a monthly basis. minutes for the last 12 months. Mar-23 Occupational Safety and OSH Management Systems The factory did not provide any Conduct and keep records of the 16 Health evidence of OSH assessments reports assessment result on a monthly for the last 12 months. basis. Mar-23 Contracts and Human Termination The calculation of the annual salary Pay workers their annual salary The June 13 decree suspends 77 Resources supplement or bonus upon termination supplement upon termination and the 3*8 law. The lunch break does not include the lunch break include the lunch break payment in payment is no longer required. payment. the calculation [page 138] Mar-23 Contracts and Human Termination The calculation for unused paid annual Pay the unused paid annual leave The June 13 decree suspends 77 Resources leave upon termination does not upon termination and include the the 3*8 law. The lunch break include the lunch break payment. lunch break payment in the payment is no longer required. calculation Mar-23 Contracts and Human Termination The calculation of the payment for the Pay the applicable notice period The June 13 decree suspends 77 Resources applicable notice period does not and include the lunch break the 3*8 law. The lunch break include the lunch break payment. payment in the calculation payment is no longer required. Mar-23 Contracts and Human Employment Contracts Inaccurate workers contract. Ensure that workers are issued 32 Resources contracts with benefits matching the true nature of their jobs. Mar-23 Compensation Social Security and Other The factory does not collect and Collect workers contribution on the The June 13 decree suspends 77 Benefits forward workers contribution to basic salary for all workers and the 3*8 law. The lunch break OFATMA for all workers. forward it on time. payment is no longer required. Now the factory register 132 out of 471 to OFATMA maternity and health insurance. Mar-23 Compensation Social Security and Other The calculation of employer's Calculate ONA contributions on the The June 13 decree suspends 77 Benerfits contribution for ONA payment is basic salary, and forward it on time. the 3*8 law. The lunch break inaccurate and payments are made late payment is no longer required. consistently. Mar-23 Compensation Social Security and Other The Factory does not forward Forward employer's contribution to The June 13 decree suspends 77 Benefits employers contribution to OFATMA for OFATMA maternity and health the 3*8 law. The lunch break all workers. insurance on the basic salary for all payment is no longer required. workers. Now the factory register 132 out of 471 to OFATMA maternity and health Mar-23 Compensation Social Security and Other The calculation of workers’ contribution Calculate ONA contributions on the The June 13 decree suspends 77 Benefits for ONA payment is inaccurate and basic salary, and forward it on time. the 3*8 law. The lunch break payments are made late consistently. payment is no longer required. Mar-23 Compensation Social Security and Other Inaccurate payment for annual salary Pay annual leave based on average The June 13 decree suspends 77 Benefits supplement. earnings. the 3*8 law. The lunch break payment is no longer required. Mar-23 Compensation Social Security and Other Inaccurate payment to OFATMA for Complete the payment for OFATMA 66 Benefits work-related accident insurance. work related accident for the fiscal year 2022-2023. Mar-23 Compensation Paid Leave The June 13 decree suspends the 3*8 The June 13 decree suspends the The June 13 decree suspends 77 law, so Better Work is not finding non- 3*8 law, so Better Work is not the 3*8 law. The lunch break compliance for non-payment of the finding non-compliance for non- payment is no longer required. lunch break. payment of the lunch break. [page 139] Mar-23 Compensation Paid Leave Inaccurate payment for maternity Calculate the maternity leave The June 13 decree suspends 77 leave. payment on worker's average daily the 3*8 law. The lunch break earnings. payment is no longer required. Pay 12 weeks of maternity leave to workers Mar-23 Compensation Paid Leave Inaccurate sick leave payment. Pay sick leave based on average The June 13 decree suspends 77 earnings. the 3*8 law. The lunch break payment is no longer required. Mar-23 Compensation Paid Leave Inaccurate annual leave payment. Pay annual leave based on average The June 13 decree suspends 77 earnings. the 3*8 law. The lunch break payment is no longer required. Mar-23 Compensation Overtime Wages Inaccurate payment to workers work on Ensure that hours worked on 33 Saturday. Saturday are accurately compensated as overtime hours to all eligible workers. Assessment March 2022 Mar-22 Occupational Safety and OSH Management Systems The OSH policy does not meet all the Update and adjust OSH policy and Factory will be reviewing the Health requirements. procedures. OSH policy. Mar-22 Occupational Safety and OSH Management Systems The factory does not have a hazard/risk Update and adjust hazard/risk Health management and control procedure management and control that includes all the requirements. procedures. Mar-22 Occupational Safety and OSH Management Systems The factory has a written accident Revise the investigation procedure Health investigation procedure that does not to include root cause analysis. includes all the requirements. Mar-22 Occupational Safety and OSH Management Systems The factory does not fully investigates Ensure that all parameters are Health performance of HR. reviewed during the HR review. Mar-22 Contract and Human Employment Contracts Inaccurate workers contract. Ensure that workers are issued Resources contracts with benefits matching the true nature of their jobs. Mar-22 Contracts and Human Employment Contracts The grievance handling and dispute Review the procedure and include Resources resolution procedures does not include fair review and appeal process, all the necessary elements. communication of changes made or resolution. [page 140] Mar-22 Contracts and Human Employment Contracts The disciplinary and termination Review the procedure to include Resources procedures do not include all the details on the workers’ rights to necessary steps. defend themselves prior to termination, and to representation during disciplinary processes. Mar-22 Contracts and Human Employment Contracts The factory does not properly Review the procedure to identify Resources investigate violations of HR policies and weaknesses and make necessary procedures. adjustments to prevent recurrence. Mar-22 Working Time Leave The factory provides payment to Factory must provide all workers security guards in place of annual leave. with 15 days of paid annual leave as required by law. Mar-22 Working Time Regular Hours Inaccurate attendance records. Use one punch system to record all hours worked and include all payments in the regular payroll. Mar-22 Working Time Regular Hours The required break was not provided to Provide pregnant women with tow pregnant women. additional breaks of 30 minutes each. Mar-22 Occupational Safety and Emergency Preparedness Insufficient number of workers trained Train at least 10% of the workforce Health in the use of fire-fighting equipment on the use of fire-fighting equipment. Mar-22 Occupational Safety and Emergency Preparedness The factory has not conducted any fire Ensure that the factory conduct a Health drill in the last 12 months. fire drill and emergency awareness training every 6 month. Mar-22 Occupational Safety and Emergency Preparedness Obstructed aisles in several sections of Keep routes unobstructed during All routes are unobstructed Health the workspace. working hours. during working hours. Mar-22 Occupational Safety and Emergency Preparedness The evacuation map does not reflect Ensure that the evacuation plan is Evacuation plan has been Health the current layout of the factory. updated. updated. Mar-22 Occupational Safety and Emergency Preparedness Improper maintenance of fire Provide adequate firefighting Factory fixed the issue with the Health extinguishers. equipment and Ensure regular fire extinguisher in the trim maintenance is done. warehouse Mar-22 Occupational Safety and Health Services and First Aid Insufficient number of workers trained Train at least 10 percent of the Health in first aid. workforce in first aid. Mar-22 Occupational Safety and Health Services and First Aid First aid boxes are missing basic items. The factory needs to monitor the All missing items has been Health first aid boxes and ensure that replace in all first aid boxes. missing items are replaced promptly. [page 141] Mar-22 Occupational Safety and Health Services and First Aid Insufficient medical personnel. Hire additional nurses to comply Health with the labor code. Mar-22 Occupational Safety and Health Services and First Aid Free health checks are not Pay OFATMA for the Health Card Health systematically provided to workers. and ensure that annual health check are provided to workers. Mar-22 Occupational Safety and Health Services and First Aid Medical checks are not provided twice a Pay OFATMA for the Health Card Health year to workers exposed to work- and ensure that health check are related hazards. provided to workers exposed to work-related hazard at least twice a year. Mar-22 Occupational Safety and Health Services and First Aid The factory does not systematically Pay OFATMA for the Health Card Health provide free health checks within the and provide health check to new first three months of hiring that cover workers within the first three all required exams. month of being hired. Mar-22 Occupational Safety and Welfare Facilities The factory does not perform regular Water must be tested every month Health test on the water filtration system. by a certified laboratory. Mar-22 Occupational Safety and Working Environment Light levels were inappropriate in all Provide adequate lighting as Health working sections. recommended by Better Work. Mar-22 Occupational Safety and Working Environment Workplace temperature levels are Monitor the temperature level and Health unacceptable. maintain it under 30 C inside the workplace. Mar-22 Occupational Safety and Worker Protection Assessors observed that standing Provide standing mats or foot rests The factory provide Health workers were not provided with to all standing workers. ergonomics mats to all ergonomic mats. standing workers. Mar-22 Occupational Safety and Worker Protection The factory does not systematically Systematically check all body Health check body temperature upon entry. temperature upon entry and keep a registry for all persons who present a temperature of 38C and above. Mar-22 Occupational Safety and Worker Protection The employer did not take any Take the appropriate measure to Health measures to maintain a social distance respect a social distance of 1.5m. of1.5 m. Mar-22 Occupational Safety and Worker Protection Management did not provide workers Provide workers with the necessary Health with training on the use of protective training to use personal protective equipment. equipment and machinery. Mar-22 Occupational Safety and Worker Protection The factory did not provide appropriate Provide proper PPE to all workers, Factory has provided PPE to all Health PPE to all workers. including weight lifting belts and worker. hard hats. [page 142] Mar-22 Occupational Safety and Chemicals and Hazardous Eye wash station is not available in the Install eye wash stations in all Health Substances mechanic workshop. places where chemical and hazardous substances are used. Mar-22 Occupational Safety and Chemicals and Hazardous Chemical safety data sheets were not Translate and post MSDS where Health Substances available in the mechanic workshop. chemicals are used in the workplace. Mar-22 Occupational Safety and Chemicals and Hazardous Chemicals and Hazardous Substances Label all chemicals and hazardous Health Substances not properly labelled in the mechanic substances used in the workplace. workshop. Mar-22 Occupational Safety and Chemicals and Hazardous Inventory of chemicals and hazardous Update inventory of chemicals and The factory updated the Health Substances substances is not updated. hazardous substances in the inventory for chemicals and workplace. hazardous substances used in the workplace. Mar-22 Contracts and Human Termination Inaccurate notice period upon Factory needs to apply the law and Resources termination. pay the lunch break. Mar-22 Contracts and Human Termination Inaccurate unused paid annual leave Factory needs to apply the law and Resources upon termination. pay the lunch break. Mar-22 Contracts and Human Termination Inaccurate annual salary supplement or Factory needs to apply the law and Resources bonus payments upon termination. pay the lunch break. Mar-22 Compensation Social Security and Other ONA payments are consistently late. Calculate ONA contributions on the Benerfits average salary, include the lunch break payment and forward it on time. Mar-22 Compensation Social Security and Other The factory is not affiliated to OFATMA Factory needs to register with Factory is registered with Benefits for maternity and health insurance. OFATMA maternity and health OFATMA maternity and health insurance. insurance, but payment will start on August according to management Feb-21 Compensation Social Security and Other Inaccurate payment to OFATMA for Complete the payment for OFATMA Benefits work-related accident insurance. work related accident for the fiscal year 2021-2022. Mar-22 Compensation Social Security and Other Inaccurate calculation for the annual Factory needs to apply the law and Benerfits salary supplement or bonus. pay the lunch break. Mar-22 Compensation Paid Leave The factory pays workers incorrectly for The factory needs to pay all types all types of paid time leave. of leave based on worker's average daily earnings by including the lunch break payment. [page 143] Mar-22 Compensation Paid Leave Lunch break is not compensated in the Pay the daily lunch break accurately payroll. to all workers. Mar-22 Compensation Paid Leave Inaccurate payment for maternity The factory needs to register with Factory is registered with leave. OFATMA for maternity and health OFATMA maternity and health insurance that will allow workers to insurance, but payment will received 12 weeks of payments. start on August according to The factory also need to pay forthe management lunch break. The factory must register with OFATMA for maternity and health insurance that will allow workers to receive 12 weeks of payments. Mar-22 Compensation Paid Leave Inaccurate payment for sick leave. Factory needs to apply the law and pay the lunch break. Feb-21 Compensation Premium Pay Inaccurate payment to workers work on Ensure that hours worked on Saturday. Saturday are accurately compensated as overtime hours to all eligible workers. [page 144] BETTER WORK HAITI - 27TH SYNTHESIS REPORT ., Factorv: HAITI BEST SEWING MFG SA Location: Arrondissement de Port-au-Prince Number of workers: 269 Date of registration: Oct-09 Date of last two Better Mar-22 Mar-23 Work assessments Notes : Due to unrest in the country, this factory was not assessed in the first trimester of 2024, when its assessment was due. The factory was closed for about 3 months in during this reporting period. Advisory and Training Services 22-Jun-24 Advisory services 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. 28-Nov-23 Advisory services Follow-up on factory actual situation. Follow-up on actual number of the factory, last ONA and OFATMA payment. 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. 30-Oct-23 Advisory services Meeting with management to: To discuss proof of progress on the Improvement plan. Follow-up on actual number of the factory, last ONA payment and the final payment for OFATMA accident. Added all corrective actions completed in the improvement plan. 28-Jul-23 Advisory services Meeting with management to: Complete the improvement plan and discuss proof of progress on the Improvement plan. Follow-up on actual number of the factory, last ONA payment and the final payment for OFATMA accident. Discuss the new decree that put the 3*8 law on pause. Follow-up on the factory situation. Added all corrective actions completed in the improvement plan. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment March 2023 Mar-23 Occupational Safety and Chemicals and Hazardous Inventory of chemicals and hazardous Prepare an inventory for 146 Health 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 Chemicals and Hazardous MSDSs are not available in local Translate MSDS in the local 152 Health Substances language for all chemicals used in the language and post them where workplace. chemical products are used. [page 145] Mar-23 Occupational Safety and Chemicals and Hazardous Workers are not trained on the use Provide chemical management 147 Health Substances and handling of chemicals and system training to all workers hazardous substances. using chemicals and hazardous substances. Mar-23 Occupational Safety and Chemicals and Hazardous Eye wash station is not available in The factory needs to install 34 Health Substances the mechanic workshop. eyewash station in all areas where chemical products are used. Mar-23 Occupational Safety and Emergency Preparedness Fire extinguishers are not properly Provide adequate firefighting 96 Health maintained equipment and Ensure regular maintenance is done. Mar-23 Occupational Safety and Emergency Preparedness The employer did not conduct at least Conduct fire drill at least twice a 130 Health 2 emergency drill per year. year. Mar-23 Occupational Safety and Emergency Preparedness Alarm system is not functioning inthe Fire alarm system need to be 96 Health embroidery building installed and working properly in all buildings. Mar-23 Occupational Safety and Emergency Preparedness Inaccurate evacuation plan and the Update and post an evacuation 115 Health floor is not properly marked. plans for all buildings, and ensure that escape routes are clearly marked. Mar-23 Contract and Human Employment Contracts Inaccurate workers contract. Ensure the written contracts 34 Resources specify the amount or salary for the position. Mar-23 Contract and Human Employment Contracts The factory did not share an internal Ensure that the factory has an 31 Resources work rules with the assessors. approve internal work rules by MAST. Mar-23 Contract and Human Employment Contracts The factory does not investigates HR Develop a procedure on HR 34 Resources performance and issues. performance indicators and monitoring systems. Mar-23 Contract and Human Employment Contracts The factory did not share a Develop a disciplinary and 34 Resources disciplinary and termination termination procedures that procedures. includes all the step. Mar-23 Contract and Human Employment Contracts The factory did not share a Develop a recruitment 34 Resources recruitment procedures. procedures that include all the step. Mar-23 Contract and Human Employment Contracts The grievance handling and dispute Review the procedure and include 34 Resources resolution procedures does not clear specification for a fair review include all the necessary elements. process and how changes should be communicated. [page 146] Mar-23 Contract and Human Employment Contracts The factory does not have an HR Make sure the factory has an HR 34 Resources 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 Services and First Insufficient medical personnel. Hire additional nurses and 3 146 Health Aid doctor's visits per week to comply with the labor code. Mar-23 Occupational Safety and Health Services and First Products in first aid boxes are missing The factory needs to designate a 34 Health Aid the expiration date. person to monitor the first aid boxes. Mar-23 Occupational Safety and Health Services and First Insufficient number of workers Train at least 10 percent of the 43 Health Aid trained in first aid. workforce in first aid. Mar-23 Occupational Safety and Health Services and First Free health checks was not provided Proactively work with OFATMA to 129 Health Aid to workers within the first three distribute the health cards and months of hiring. conduct the medical checks as required Mar-23 Occupational Safety and Health Services and First Free health checks was not provided Proactively work with OFATMA to 74 Health 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 Services and First Free annual health checks was not Proactively work with OFATMA to 127 Health Aid provided to workers. distribute the health cards and conduct the medical checks as required Mar-23 Occupational Safety and OSH Management The factory did not provide any Conduct and keep records of the 138 Health Systems evidence of OSH assessments reports assessment result on a monthly for the last 12 months. basis. Mar-23 Occupational Safety and OSH Management The factory did not provide any keep records of the meeting 44 Health Systems evidence of OSH bipartite meeting minutes on a monthly basis. minutes for the last 12 months. Mar-23 Occupational Safety and OSH Management The structural safety certificate was Request a structural safety 44 Health Systems not available. certificate from the city hall. Mar-23 Occupational Safety and OSH Management The employer does not adequately Ensure that the factory conduct 34 Health Systems 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 OSH Management The factory does not communicate Ensure that training are provided 34 Health Systems and implement OSH policies and to all relevant staff. procedures. [page 147] Mar-23 Occupational Safety and OSH Management The employer has failed to Ensure that all OSH issues are 34 Health Systems investigate, monitor and measure investigated, monitored and OSH issues as required. measured accurately. Mar-23 Occupational Safety and OSH Management The factory does not have an accident Create an accident investigation 34 Health Systems investigation procedure. procedure that includes all the necessary steps. Mar-23 Occupational Safety and OSH Management The factory does not have a Create a hazard/risk 34 Health Systems hazard/risk management and control management and control procedure. procedure that includes that all the requirements. Mar-23 Occupational Safety and OSH Management The OSH policy signed by senior Update and adjust OSH policy and 34 Health Systems 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. 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 Termination Inaccurate payment for unused paid Calculate the unused paid annual 34 Resources annual leave when they resign or are leave on worker's daily average terminated. earnings as specified in Art. 148. [page 148] Mar-23 Occupational Safety and Welfare Facilities The factory does not conduct the Conduct a water test every month 34 Health water test on a monthly basic. to check the quality of the drinking water. Mar-23 Occupational Safety and Worker Protection Several sewing machines were Install the proper safety guards 34 Health missing eye guards, finger guards on all machines. and pulley guards. Mar-23 Occupational Safety and Worker Protection No evidence of training on personal Develop a training plan and 34 Health protective equipment was available. provide training on personal protective equipment to workers. Mar-23 Occupational Safety and Worker Protection Improper maintenance of electrical Ensure that all electrical panel are 74 Health system of the factory. accessible and all circuit breakers are identified. Assessment March 2022 Mar-22 Compensation Social Security and Other The factory did not provide any proof Pay OFATMA for accident Benefits of payment for OFATMA accident insurance for the fiscal year 2021- insurance for the fiscal year 2021- 2022 as per the agreement with 2022. OFATMA. Mar-22 Compensation Social Security and Other Factory does not consistently collect Factory need to deduct Benefits and forward ONA contributions on contributions from worker time. regularly and submit them to ONA within the first 10 working days of the following month. Mar-22 Compensation Social Security and Other Factory does not consistently collect Factory need to deduct Benefits and forward OFATMA contributions contributions from worker on time. regularly and submit them to OFATMA within the first 10 working days of the following Mar-22 Contracts and Human Employment Contracts The factory did not share an internal Factory needs to review the Resources work rules with the name of Haiti Best internal work rules with the name Sewing assessors. of Haiti Best Sewing and submit it to the Ministry of Labor for Mar-22 Occupational Safety and OSH Management Management did not provide Develop an OSH assessment Health Systems evidence of OSH assessment reports procedure and conduct an OSH for the last 12 months. general assessment on a monthly basis. Mar-22 Occupational Safety and OSH Management The employer has not developed any Develop mechanism to ensure Health Systems mechanism to ensure cooperation on cooperation on OSH matters, by OSH matters. establishing an OSH committee. Mar-22 Occupational Safety and OSH Management Factory does not have a building Have the building inspected by Health Systems permits that covers all structures. the proper authorities and provide the certificate. Mar-22 Occupational Safety and Chemicals and Hazardous Inaccurate Inventory of chemicals and Update inventory of chemicals Health Substances hazardous substances. and hazardous substances in the workplace. [page 149] Mar-22 Occupational Safety and Chemicals and Hazardous Unidentified container chemical and Label all chemicals and Health Substances hazardous substances found in the hazardous substances used in the workplace. workplace. Mar-22 Occupational Safety and Chemicals and Hazardous Chemicals and hazardous substances Remove chemical from the sun. Health Substances were not properly stored Store the chemicals and hazardous substances Mar-22 Occupational Safety and Chemicals and Hazardous MSDSs are not available in local PoSCMSDS vihere all chemical Health Substances language for all chemicals used inthe products are used. workplace. Mar-22 Occupational Safety and Chemicals and Hazardous The factory did not train workers Provide training to all workers Management did not know Health Substances using chemical and hazardous who are working with chemicals. that workers were using substances. Keep a record of the training chemical products. provided. Management will follow up on this issue. Mar-22 Occupational Safety and Worker Protection Management did not provide any Provide training n the use of PPE All workers know it is Health evidence of training provided to and machines to al workers. necessary to use the workers to properly use personal protection on the machines. protective equipment and machines. Mar-22 Occupational Safety and Worker Protection Several sewing machines were Install the necessary guards on all Health missing finger guards, eye guards machines. and pulley guards. Mar-22 Occupational Safety and Worker Protection Improper maintenance of electrical Make sure that all electrical boxes Health system. are closed or covered. Post hazard sign on all electrical Mar-22 Occupational Safety and Worker Protection The factory does not keep a checklist Recpa register for workers who Health to register workers who present a present a temperature of 38C or body temperature of 38C and above. above. Mar-22 Occupational Safety and Worker Protection The employer did not provide Provide standing mats to all Health sufficient ergonomic equipment to workers. Provide chairs with workers. backrest to all workers. Mar-22 Occupational Safety and Working Environment Workplace temperature levels are Monitor the temperature level Health unacceptable. and maintain it under 30 C inside the workplace. Mar-22 Occupational Safety and Working Environment Light levels were inappropriate in all Ensure the lighting is adequate Health the working sections. and adapted to worker's needs. Mar-22 Occupational Safety and Working Environment The mechanic shop was not well Keep mechanic workshop clean Health maintained. and tidy. Mar-22 Occupational Safety and Welfare Facilities Insufficient number of Toilets. Increase the number of toilets. Health [page 150] Mar-22 Occupational Safety and Health Services and First Health checks is not provided to Pay the CDS and coordinate with Health Aid workers within the first three months OFATMA to provide free health of hiring. checks to the workers within the first three months of hiring. Mar-22 Occupational Safety and Health Services and First Free health checks was not provided Provide health checks to workers Health Aid to workers exposed to work-related exposed to work-related hazards hazards. at least twice a year. Mar-22 Occupational Safety and Health Services and First Free annual medical checkswasnot Arrange free annual medical Health Aid provided to workers. checks for workers. Mar-22 Occupational Safety and Health Services and First Insufficient number of medical Medical service for the factory Health Aid personnel. must have a permanent onsite medical service, with at least 2 nurses and 3 doctor's visits per Mar-22 Occupational Safety and Health Services and First First aid boxes are missing supplies Develop a checklist to verify the Health Aid and they have expired products. inventory of products in the first aid boxes. Have a schedule to check the boxes on a weekly basis. Assign somebody who is resnonsible to renlenish the Mar-22 Occupational Safety and Health Services and First Less than 10 percent of the workforce The factory must provide first aid Health Aid was trained in first aid. training to at least 10 percent of the workers present. Mar-22 Occupational Safety and Emergency Preparedness Fire alarm system is not installed in Fire alarm system need to be Health several buildings. installed and working properly in building 2 and the cutting buildina Mar-22 Occupational Safety and Emergency Preparedness Obstructed fire extinguishers and Keep fire extinguisher Factory has done the Health improper maintenance of fire unobstructed. Train workers and correction. extinguishers. supervisors on the use and importance of fire extinguishers. Mar-22 Occupational Safety and Emergency Preparedness Inaccurate and missing evacuation Prepare the evacuation plan. Health plan. The factory floor is Paint evacuation arrows and not properly marked. signs. Paint yellow lines on the floor to show the exit pathway. Specify who conducts additional daily weekly checks (and include thie in tha euetam nf dsilhsinaallhs Mar-22 Occupational Safety and Emergency Preparedness The aisles were obstructed bytables Remind supervisors about their Health and boxes. responsibility to enforce OSH in their area. Identify additional storage area Review and update the internal audit procedure. [page 151] Mar-22 Occupational Safety and Emergency Preparedness The factory did not conduct an Ensure that the factory conduct Health emergency drill every 6 months as fire drills and emergency recommended by Better Work. awareness training every 6 month to prepare and inform of possible workplace emergencies. Mar-22 Occupational Safety and Emergency Preparedness Less than 10 percent ofthe workforce Training needed for workers in Health was trained in fire fighting. fire fighting. Mar-22 Occupational Safety and Emergency Preparedness Evidence of risk assessment was not Develop risk assessment Management will develop a Health available. procedure. Perform regular risk risk assessment procedure. assessment. Mar-22 Working Time Regular Hours Factory does not provide the legally Give the legally required break to Factory will develop policy for required breastfeeding breaks to all nursing women. pregnant and nursing nursing women. women. Policy will be posted on the factory floor. Mar-22 Contracts and Human Employment Contracts The factory has HR policy does not Review the procedure to include: Management will review the Resources include all the necessary elements. Preventing sexual harassment HR policy. Equal treatment and non- discrimination Freedom of association Mar-22 Contracts and Human Employment Contracts The factory does not have an Review the actual procedure to Management will review the Resources appropriate disciplinary and include disciplinary and disciplinary and termination termination procedures. termination procedures that procedures to include all the includes: Unacceptable behaviors necessary steps. or performance Legal notice periods and termination payments A step-by-step warning system. The right to defend oneself prior to termination, and to representation during dicrinlinsms nraraceae tima frama Mar-22 Contracts and Human Employment Contracts The factory does not have an Factory needs to review its Resources appropriate grievance policy. internal rules to include a clear specification for a fair review process and how changes should be communicated. [page 152] Mar-22 Contracts and Human Employment Contracts The factory's recruitment procedures Review the recruitment procedure Management is working to Resources does not include all the necessary to include the following elements: finalize the recruitment elements. Hiring criteria that are applied procedure. equally to all job applicants. Verifying the age of workers prior to hiring. Ensuring compliance with legal requirements for workers under the age of 18. Ensuring that workers retain ID Lente Mar-22 Occupational Safety and OSH Management The employer does not adequately Establish an OSH committee with Factory is seeking the support Health Systems assigns accountability for clear reporting lines and hold of Better Work to establish Occupational Health and Safety to regular monthly meetings. Keep the OSH committee. OSH Officer and HR Director. minutes of the meeting and share with committee members. Hire an OSH officer with sufficient expertise. Mar-22 Occupational Safety and OSH Management No. The employer does not properly The factory should investigate Health Systems investigates monitors and measures OSH issues through: OSH issues. Regular test, survey and inspections, logging and analysis of violations of procedures. Regular management review of effectiveness of management system including performance on measurahle ohiectives and Mar-22 Occupational Safety and OSH Management The factory does not have an accident Review the actual procedure to Health Systems investigation procedure that includes include Root cause analysis, Focus all the necessary steps. on sustainable solutions and Implementation of changes in order to avoid reoccurrence. Mar-22 Occupational Safety and OSH Management The factory does not have an Factory needs to do have an Health Systems emergency preparedness procedure emergency preparedness that includes all the necessary procedure that includes: elements. Reporting fires and other emergencies Alerting all employees to evacuate, evacuating employees to designated assembly location, accounting for all employees after [page 153] Mar-22 Occupational Safety and OSH Management The factory does not have a The factory need to do a Health Systems hazard/risk management and control hazard/risk management and procedure that includes all the control procedure that includes: A necessary elements. systematic approach to identifying hazards A structure to prioritize risks based on potential impact and likelihood A hierarchy of controls that is used to select effective controls A risk register that drives the implementation of Mar-22 Occupational Safety and OSH Management The factory has an OSH policythatis The policy has to be reviewed in Health Systems not signed by top management. consultation with workers and their representatives and a clear commitment to compliance with legal requirement pertaining to OSH has to be included. Management has to sign the OSH policy. [page 154] BETTER WORK HAITI - 27TH SYNTHESIS REPORT ., Factory: HANSAE HAITI S.A Location: Arrondissement de Port-au-Prince Number of workers: 1,850 Date of registration: Jan-17 Date of last two Mar-23 Apr-24 Better Work Notes : The factory has experience several short term closures since the beginninq of 2024 and is currently closed temporarily. They have not set a date to reopen. Advisory and Training Services 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 workers. 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. 16-Nov-23 Industry Seminar Virtual Grievance Policy on Violence and Harassment 21-Sep-23 Advisory Services Meeting with the management, bipartite committee members and union representatives regarding temporary workers that did not received their weekly rest days. Workers also express concern on hygiene in some building. Management is committed to address the issues. 28-Jul-23 Industry Seminar Virtual Preventing and Addressing Sexual Harassment for Middle Management 21-Jul-23 Industry Seminar Virtual Preventing and Addressing Sexual Harassment for Workers 21-Jul-23 Industry Seminar Virtual Preventing and Addressing Sexual Harassment for Supervisory 21-Jul-23 Advisory Services Review of the improvement. The discussion was on the removal of the 3x8 law and the necessary changes that should be implemented. Bipartite committee members ask for training regarding taxes. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment April 2024 [page 155] Apr-24 Occupational Safety and OSH Management The written OSH policy signed by Add the missing elements in the OSH 29 Health Systems management does not include:- policy. Measurable objectives and improvements targets and was not developed through consultation with workers representatives. Apr-24 Occupational Safety and OSH Management The factory does not have a Develop a hazard/risk management 29 Health Systems hazard/risk management and control and control procedures that procedure that includes all the includes: A systematic approach to necessary elements. 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 Apr-24 Occupational Safety and OSH Management The factory does not have an OSH Develop an OSH policy and 29 Health Systems policy includes all the necessary procedures that includes regular elements. management review of effectiveness of management system including performance on measurable objectives and targets. Ensure that accident investigations are followed Apr-24 Occupational Safety and OSH Management Management did not ensured Schedule regular OSH committee 13 Health Systems effective functioning of the OSH meetings to ensure it is effective committee. functioning properly. Apr-24 Contracts and Human Employment Contracts The factory does not investigates Develop an HR procedure that 29 Resources shortcomings or issues in HR includes investigations of HR issues performance. and periodic 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 Management sent letters to the 2 authorization to work overtime from from the department of labor before Ministry of Social Affairs the department of labor. working overtime. requesting authorization to work overtime. Apr-24 Occupational Safety and Emergency Preparedness The evacuation routes near the Complete daily inspection tour on 35 Health hangtag section as well as the the floor. Ensure that evacuation packing area were obstructed by a routes are free of obstructions. pallet of fabric. Apr-24 Occupational Safety and Emergency Preparedness Assessors observed the evacuation Remark the evacuation route in Maintenance traced the 14 Health route in building 1 are not clearly building 1. Update the evacuation evacuation routes clearly, and marked and the evacuation map is map to reflect the actual layout. Compliance updated the not updated to reflect the actual evacuation map to reflect the layout. layout. [page 156] Apr-24 Occupational Safety and Health Services and First One first aid box in building 20 that Ensure that first aid boxes have The factory had installed the first 2 Health Aid was missing medical supplies and no necessary medical supplies. Ensure aid boxes in the dormitory and first aid box was available in the that medical supplies are available in put the missing medical supplies dormitory. the dormitory, in the first aid boxes in Building 21. (See evidence picture) Apr-24 Occupational Safety and Health Services and First Documentation review as well as Pay the health cards for all the The factory complies with local 14 Health Aid management and workers' interview workers on a yearly basis. law, and we pay the health cards revealed that all workers had not for all workers annually. received annual health checks. Apr-24 Occupational Safety and Health Services and First The workers exposed to work related Ensure that workers exposed to work The OFATMA medical team had 14 Health Aid hazards had not received free health related hazard received a health started health checks on workers checks twice a year. check twice a year. exposed to work-related risks, but continuity was not carried out due to insecurity. (see the list of health checks) Apr-24 Occupational Safety and Health Services and First The workers did not receive the Ensure that workers received the The administration will continue 14 Health Aid health cards within the first 3 months health cards within the first 3 months to follow up with OFATMA so that of hiring and Management did not of hiring. workers can receive their health pay for the health cards as well for all cards. Apr-24 Occupational Safety and Worker Protection Unidentified circuit breakers were Identify all the circuit breakers. During the assessment, 29 Health found in several areas within the maintenance identified the circuit various buildings of the factory. breakers in the compressor room of building 50 and the mechanical workshop of building 1. (See attached evidence) Apr-24 Occupational Safety and Chemicals and The inventory of chemicals and Specify the location where all During the assessment, 49 Health Hazardous Substances hazardous substances does not products in the chemical inventory compliance specifies the location specify the locations of products are stored. of chemicals in the inventory. such as Rust-out and suavitel. (See the evidence in the attachment) Apr-24 Occupational Safety and OSH Management Management has not posted names Post OSH committee members" Compliance posted the names of 13 Health Systems of OSH committee members. names where all workers can see. OSH committee members in all factories during the assessment. (See attached evidence) Apr-24 Contracts and Human Termination Proof was not provided to verify if Ensure to provide balance of annual 14 Resources foreign workers received balance of salary supplement to foreign annual salary supplement when workers at the contract termination. leaving the company because of dismissal or resignation. [page 157] Apr-24 Contracts and Human Termination The annual leave payment is not Include all the payment in the 14 Resources calculated on the average daily calculation of the daily average earning. In addition, proof was not earning. provided to the assessors to verify if foreign workers received balance of annual leave when leaving the company because of dismissal or Apr-24 Contracts and Human Employment Contracts The contract for the foreign workers Ensure that boni should be once, at 2 Resources does not comply with the labor code. the end of the year. Apr-24 Compensation Social Security and Other The employer's contribution to ONA Include production incentives and 29 Benefits does not include production weekly rest day payments in the ONA incentives and weekly rest day contribution. payments. Apr-24 Compensation Social Security and Other The workers’ contribution to ONA is Include the production incentives 29 Benefits based on an average earning that and weekly rest day payments in the does not include production calculations of the ONA contribution. incentives and weekly rest day payments. Apr-24 Compensation Social Security and Other Foreign workers do not receive an Pay the annual salary supplement to The top management has already 29 Benefits annual salary supplement payment all employee. revised the contract of foreign or Boni between December 24th and workers to comply with local 31st as required by the labor code. legislation. Apr-24 Compensation Paid Leave The annual leave payment is not Include all payments in the 29 calculated on worker's average daily calculation of the average daily earnings. earning. Apr-24 Compensation Overtime Wages The foreign workers who worked Pay the overtime at night 50 percent 2 after 6pm were not paid overtime above the normal wage for the night after 6pm. shift. Assessment March 2023 Mar-23 Occupational Safety and OSH Management The OSH policy does not include all Include missing elements in the OSH Factory updated the OHS policy to Health Systems the necessary elements. policy. implement measures and targets in consultation with worker representatives. Mar-23 Occupational Safety and OSH Management The hazard/risk management and Ensure that an hazard/risk Factory implemented the risk Health Systems control procedure was not available management and control management and control at the time of the assessment visit. procedures are available. procedure. Mar-23 Occupational Safety and OSH Management Management does not perform a Add the missing elements in the Factory updated the OHS policy, Health Systems review of its management system procedure. Conduct a review of and annually we will continue to documents. effectiveness of management system work and update our OHS policy. including performance on measurable objectives and targets Accident investigations, followed by an artiial chanaa in nraradiirae [page 158] Mar-23 Occupational Safety and OSH Management Management has not posted names Post the names of the OSH Factory already posted the OSH Health Systems of OSH committee members committee members where all committee's names in all factories workers can see. 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 indicator for investigating HR performance. performance. performance gaps or issues. Mar-23 Working Time Regular Hours Pregnant women in building 50 are Ensure that pregnant women are The 2 women were trained and not entitled to two period of rest in entitled to 2 additional break of 30 the extra hour of break is addition to the lunch break. minutes each. provided to 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 Mar-23 Working Time Regular Hours The employer has not posted the Post the working hours including the The factory posted the working factory's working hours for all shifts break 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 Ensure that the regular hours do not According to the decree exceed the legal limit. exceed the legal limit of 8 hours a published on June 2023, the break day and 48 hours a week. time is no longer considered as part of the regular working hours, Mar-23 Occupational Safety and Emergency Preparedness Several aisles were obstructed and Ensure that the aisles remained The factory provided training on Health one emergency exit locked during unobstructed and the emergency health and safety by the working hours including overtime. exits remained unlocked during the microphone for workers in the working hours. 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 RP Pa [page 159] Mar-23 Occupational Safety and Emergency Preparedness Escape routes are not clearly Properly mark the escape routes of The maintenance team had Health marked. the Building 1 and the warehouse of already marked the escape route building 55. in the cutting department and warehouse of building 55 after the assessment. Mar-23 Occupational Safety and Emergency Preparedness Improper maintenance of fire Ensure that regular checked are We had already installed the fire Health extinguishers. performed on the fire fighting extinguisher in the diesel equipment. stockroom and we inspected the fire extinguishers for all factories, and change some fire extinguishers that had lost Mar-23 Occupational Safety and Emergency Preparedness The diesel stock room has no smoke Install fire detection equipment such Maintenance has already installed Health detectors neither an alarm installed. as smoke detector in the diesel stock the smoke detector in the diesel room. stock room. Mar-23 Occupational Safety and Health Services and First Two products in the medical clinic Identified all the medical products The medical clinic has identified Health Aid were not properly identified. available in the first aid boxes. all medical products, and compliance will inspect the clinic monthly on this. Mar-23 Occupational Safety and Health Services and First Insufficient number nurses in the Hire two additional nurses. The HR department had hired 2 Health Aid workplace. nurses after the assessment. Mar-23 Occupational Safety and Health Services and First The factory does not systematically Ensure that CDS is paid for all the Factory put in place a schedule to Health Aid provide free annual health checks to workers. Contact OFATMA to provide carry out the medical checks of all workers. free heath checks to workers. foreign workers on July 29 and on August 5th. Mar-23 Occupational Safety and Health Services and First The factory does not systematically Ensure that CDS is paid for all the The HANSAE administration has Health Aid provide free health checks to workers. Contact OFATMA to provide already sent a letter to the workers exposed to work-related free heath checks to workers. medical department of OFATMA hazard. for the medical checks of our workers. Mar-23 Occupational Safety and Health Services and First The factory does not systematically Ensure that CDS is paid for all the The HANSAE administration has Health Aid provide free health checks to workers. Contact OFATMA to provide already sent a letter to OFATMA workers within the first three months free heath checks to workers. medical management for the of hiring. medical follow-up of our workers. Mar-23 Occupational Safety and Welfare Facilities Insufficient numbers of toilets for Have an adequate numbers oftoilet The toilets are repaired and are Health women in the workplace. for women. being used by the workers. The factory has 166 toilets for 1445 women, which compliant. Mar-23 Occupational Safety and Working Environment Light levels are inadequate in several Ensure that lux levels are adequate The compliance had provided a Health section of the workplace. in all the departments and sections. daily illumination report for the maintenance, and the maintenance is monitoring the light level on a regular basis. [page 160] Mar-23 Occupational Safety and Working Environment The temperature levels exceeded 30 Ensure to monitor the temperature Factory repaired the fans through Health Cin several section ofthe workplace. level at a maximum of 30 C. maintenance the fans. The factory bought an equipment to monitor and check regularly the temperature level. Mar-23 Occupational Safety and Worker Protection Workers are working at height Ensure that workers have the The maintenance has already Health without industrial platform ladder. necessary equipment to perform provided an industrial platform their duties. ladder for workers working at height during the assessment. Mar-23 Occupational Safety and Worker Protection The electrical installation was not Ensure that maintenance are We provided the maintenance Health properly maintained. regularly scheduled and daily With a regular daily and monthly compliance checks are performed. report, and this report will be on the control of compliance. Mar-23 Occupational Safety and Worker Protection The grinder in the mechanic shop is Ensure that equipment and Maintenance has installed eye Health missing eye guards. machinery are equipped with protection in the grinder in the necessary guards. mechanical workshop during the assessment. Mar-23 Occupational Safety and Worker Protection Factory has not provided proper PPE Ensure that workers received The compliance has provided Health to all workers. necessary protective equipment to safety belts for temporary perform their duties. workers, and goggles in the mechanic shop for workers using the grinder, we have a checklist of the EPP we provide for all workers wha naraceans Mar-23 Occupational Safety and Chemicals and No eye wash station has been Ensure that cleansing facility is The maintenance manager has Health Hazardous Substances installed in all areas where chemical available where chemicals are used installed the eyewash stations in and hazardous products are used. and stored. the 3 cleaning rooms as requested, and the eyewash station is clear of any obstruction near the mechanic area. Mar-23 Occupational Safety and Chemicals and One chemical product was found Ensure that safety data sheets are Factory displayed the safety data Health Hazardous Substances without chemical safety data sheets. available for all chemicals used and sheet for the Axia product in the stored. mechanical workshop during the evaluation. Mar-23 Occupational Safety and Chemicals and Unlabeled containers of chemical Ensure to identify containers that are We had put labels on containers Health Hazardous Substances products. used in the workplace. in this department and also provide training on hazards and safety precautions. Mar-23 Occupational Safety and Chemicals and The chemical inventory was not Update the chemical inventory and We have already updated and Health Hazardous Substances accurate and did not include the ensure that all chemicals used and specified in our inventory the name of all chemicals used in the stored in the workplace are included. location where the chemicals will workplace. store for each factory and accurately the name of all chemicals used in the workplace. [page 161] Mar-23 Contracts and Human Termination The calculation of the average salary Pay the lunch break The June 13th decree suspends all Resources for the payment of annual salary provisions of the 3*8 law. The supplement upon termination does payment of the lunch break is no not include the lunch break payment. longer required. Mar-23 Contracts and Human Termination The calculation of the average salary Pay the lunch break. The June 13th decree suspends all Resources for the payment of unused paid provisions of the 3*8 law. The annual leave upon termination. does payment of the lunch break is no not include the lunch break payment. longer required. Mar-23 Contracts and Human Termination The calculation of the average salary Pay the lunch break. The June 13th decree suspends all Resources for the payment of applicable notice provisions of the 3*8 law. The period does not include the lunch payment of the lunch break is no break payment. longer required. Mar-23 Contracts and Human Employment Contracts The internal work rules do not Insert the time in the internal Factory shared an addendum to Resources comply with the labor code. It is working rules. the internal working rules that is missing the payment time. approved by the Ministry of Labor. Mar-23 Compensation Social Security and Other The calculation for the workers Pay the lunch break. The June 13th decree suspends all Benefits ‘contribution to OFATMA 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 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 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" Pay the lunch break. The June 13th decree suspends all Benefits contribution to OFATMA 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 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 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 annual salary Include the lunch break payment in The June 13th decree suspends all Benefits supplement or bonus does not the calculation of the bonus provisions of the 3*8 law. The include the lunch break payment. payment. payment of the lunch break is no longer required. Mar-23 Compensation Social Security and Other The factory did not adequately pay Pay the lunch break. Pay the CDS. The June 13th decree suspends all Benefits CDS 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 Pay the lunch break. The June 13th decree suspends all in the payroll. provisions of the 3*8 law. The payment of the lunch break is no longer required. [page 162] Mar-23 Compensation Paid Leave The calculation of the average salary Pay the lunch break. The June 13th decree suspends all for maternity leave payments does provisions of the 3*8 law. The not 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 Pay the lunch break. The June 13th decree suspends all on average daily earnings as the provisions of the 3*8 law. The calculation does not include the payment of the lunch break is no lunch break payment. longer required. Mar-23 Compensation Paid Leave The annual leave payment is not Include the payment of the lunch The June 13th decree suspends all calculated based on worker's break in the calculation of the annual provisions of the 3*8 law. The average daily earnings as the leave payment. payment of the lunch break is no calculation does not include the longer required. lunch break payment. Mar-23 Forced Labor Coercion The foreign workers’ contract are not Update the contract for the foreign Factory updated the foreign in line with ILO recommendations. workers. employees contract. [page 163] BETTER WORK HAITI - 27TH SYNTHESIS REPORT ., Factory: LIFE S.A, Location: Port-au-Prince Number of workers: 56 Date of registration: Jun-15 Date of last two Sep-22 Dec-23 Better Work Notes : This factory has been closed since January 2024. Advisory and Traininq Services 12-Oct-23 Industry Seminar Virtual Leadership Skills 13-Oct-23 Industry Seminar Virtual Intercultural Communication ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment December 2023 Dec-23 Compensation Paid Leave Inaccurate payment annual leave. Pay annual leave as required by 29 the law. Dec-23 Compensation Paid Leave Inaccurate payment for maternity Calculate the maternity leave 7 leave. payment on worker's average daily earnings. Pay 12 weeks of maternity leave to workers. Dec-23 Compensation Social Security and Late payments for the fiscal year Ensure the factory paid the work 29 Other Benefits 2022-2023 and the payments does related accident on time to not include the CDS. OFATMA including the CDS. Dec-23 Compensation Social Security and The workers and employers Declare all employees within the 40 Other Benefits contribution to ONA is calculated on first 15 days of hiring and the average daily salary from the 4th forward the workers and month of the date of signature of forward employer contribution each contract. for each worker on a monthly. Dec-23 Compensation Social Security and The factory is not registered with Register to OFATMA for 71 Other Benefits OFATMA for maternity and health maternity and health insurance insurance. and forward workers" contribution. Dec-23 Compensation Social Security and The employer does not forward Forward ONA contributions on 40 Other Benefits employers' contributions to ONAon time. a monthly basis. [page 164] Dec-23 Compensation Social Security and The factory is not registered with Register to OFATMA for 71 Other Benefits OFATMA for maternity and health maternity and health insurance insurance. and forward workers" contribution. Dec-23 Compensation Social Security and The factory did not send workers pay Send workers pay slip to 7 Other Benefits slip to OFATMA for sick leave and OFATMA for sick leave and maternity leave payment. maternity leave payment. Dec-23 Contracts and Human Employment Contracts The internal work rules does not Update the internal work rules 7 Resources comply with the labor code law. and send it to MAST for Dec-23 Contracts and Human Termination The employer does not compensate Pay the unused paid annual 29 Resources workers properly for unused annual leave upon termination based paid leave. on the average earning. Dec-23 Occupational Safety and OSH Management The employer did not have any Ensure that the Osh committee 29 Health Systems worker safety and health committees has equal representation of in place. workers and management representatives. Dec-23 Occupational Safety and OSH Management The employer did not provide any Provide certificate of building of 29 Health Systems document that covers the structural building safety. safety and states that the building is safe. Dec-23 Occupational Safety and Worker Protection Training were provided on the use of Provide proper training on the 7 Health personal protective equipment. use of personal protective equipment. Dec-23 Occupational Safety and Worker Protection Tape sewing machines were missing Install the proper safety guards 7 Health pulley guards. on all machines. Dec-23 Occupational Safety and Worker Protection Improper maintenance of electrical Ensure that all circuit breakers 29 Health system of the factory. are labelled. Dec-23 Occupational Safety and Health Services and Free health checks was not provided Provide health checks to 42 Health First Aid to workers within the first 3 months workers within the first 3 of hiring. months of hiring. Dec-23 Occupational Safety and Health Services and No training on first aid was Train at least 10 percent of the 7 Health First Aid conducted in case of emergency. workforce in first aid. Dec-23 Occupational Safety and Emergency Inaccurate evacuation plan. Update and post an evacuation 7 Health Preparedness plan in the building. Dec-23 Occupational Safety and Emergency Obstructed aisles in several sections Keep routes unobstructed 18 Health Preparedness of the workspace. during working hours. [page 165] Dec-23 Occupational Safety and Emergency Insufficient number of workers Train at least 10 percent of the 7 Health Preparedness trained in the use of fire fighting workforce in the use of fire equipment. fighting equipment. Assessment September 2022 Sep-22 Occupational Safety and OSH Management The factory does not have an Include the missing criteria in Health Systems adequate hazard/risk management the hazard/risk management and control procedure. and control procedures. Sep-22 Occupational Safety and OSH Management Management did not show evidence Update the OSH policies and Health Systems that the employer investigates procedures to include missing monitors and measures OSH issues. elements. Sep-22 Occupational Safety and OSH Management The factory does not adequately Update the OSH policies and Health Systems communicate and implement OSH procedures to include missing policies and procedures. elements. Sep-22 Occupational Safety and OSH Management Management has not defined Assign responsibilities and Health Systems authority for OSH officer and top accountability at all levels management to perform OSH including OSH committee responsibilities. members. Sep-22 Contracts and Human Employment Contracts The employer does not have any Provide evidence of Resources performance evaluation procedures performance evaluation in place and does not investigate procedures and investigation violations of HR policies and records or violations of HR procedures. policies and procedures. Sep-22 Contracts and Human Employment Contracts The employer does not properly Include the following missing Resources communicate HR policies and criteria in the HR procedures procedures. and policies. Induction training for workers and staff. Staff training on how to carry out policies and procedures. Worker representatives and/or worker-management Sep-22 Contracts and Human Employment Contracts The employer has not properly Define accountability and Resources defined accountability and responsibility for HR issues and responsibility for HR issues to HR performance through: staff. Job descriptions, reporting lines, organizational charts, description of job duties and authority. Moreover, management could not share any document that defines [page 166] Sep-22 Occupational Safety and Emergency The factory did not take steps to Take the necessary measures to Meeting has been done Health Preparedness control potential sources ofignition. control risk and hazard within with workers, the workplace. information has been shared and verification has done frequently. Sep-22 Occupational Safety and Emergency Obstructed aisles and emergency Ensure that aisles and routes Information has been Health Preparedness exits. remained unobstructed during shared, OSH evaluation working hours. has been done on May 5, 2002 Sep-22 Occupational Safety and Health Services and Workers do not receive within the Pay OFATMA for the medical Medical checks has Health First Aid first 3 months of hiring. card (CDS) and coordinate with been done internally OFATMA to provide medical (private doctors). check for workers within their first three months. Sep-22 Occupational Safety and Welfare Facilities The factory has not conducted a Ensure the drinking water is Health water test on a monthly basis by a tested on a monthly basis by a certified laboratory to ensure the competent laboratory. Sep-22 Occupational Safety and Working Environment The level oflighting in the workplace Provide adequate lighting in all Health is unacceptable. sections of the factory. Sep-22 Occupational Safety and Working Environment Temperature exceeded the Keep the temperature to a Health recommended 30 C in all sections of maximum of 30C or lower. the workplace. Sep-22 Occupational Safety and Worker Protection The factory did not check all workers Check all workers and visitors Health and visitors body temperature upon body temperature upon entry in entry in a systematic way. a systematic way and keep a registry for all persons who present a temperature of 38C and above. Sep-22 Occupational Safety and Worker Protection The social distance is not respected Monitor that the 1.5 meter social New circular from the Health in all sections of the factory, as well distancing recommendation is government. as during entry and exit. respected in all sections of the factory, as well as during entry and exit. Sep-22 Occupational Safety and Worker Protection Safety warning not posted on Post safety warnings on all Health electrical panel. electrical panels and other places where it is necessary. Sep-22 Occupational Safety and Worker Protection Unidentified circuit breakers were Ensure that electricity system is Health not identified in electrical panels. regularly inspected and well maintained. Identify all circuit breakers. [page 167] Sep-22 Occupational Safety and Chemicals and Eye wash station was not available in Install eye wash station in the Health Hazardous Substances the chemical warehouse where chemical warehouse. chemicals are stored. Sep-22 Occupational Safety and Chemicals and The employer did not provide Provide training on safe use of Health Hazardous Substances training to workers handling chemical and hazardous chemical and hazardous products. substances to workers. Sep-22 Occupational Safety and Chemicals and Improper storage of chemical Ensure to properly stored all the Health Hazardous Substances substances. chemical used in the workplace. Storage area should be adequately ventilated and different types of chemical products should not stored Sep-22 Occupational Safety and Chemicals and Unlabeled containers of fuel in the Label all chemical and Health Hazardous Substances Generator room. hazardous substances used in Sep-22 Occupational Safety and Chemicals and The inventory of chemical and Ensure that the inventory of Health Hazardous Substances hazardous products is not accurate. chemical products is available and accurate. Inventory list must include approximate quantities in storage and the locations of the chemiral <tarane area in the Sep-22 Occupational Safety and OSH Management The employer did not provide any Provide certificate of building of Health Systems document that covers the structural building safety. safety and states that the building is safe. Sep-22 Occupational Safety and OSH Management The factory did not record work Submit work-related accident Health Systems related accidents and submitthemto reports on a monthly basis. OFATMA on a monthly basis. Sep-22 Occupational Safety and OSH Management The employer did not have any Ensure that the Osh committee Health Systems worker safety and health committees has equal representation of in place. workers and management representatives. Sep-22 Occupational Safety and OSH Management The employer doe not perform any Keep records of the general Health Systems assessment on general occupational occupational safety and health safety and health. performed on the monthly hasis Sep-22 Contracts and Human Termination The payment for unused paid annual Calculate the unused paid Resources leave upon termination is not annual leave upon termination. calculated on the daily average [page 168] Sep-22 Compensation Social Security and The factory is not registered with Register to OFATMA for Factory is already Other Benefits OFATMA for maternity and health maternity and health insurance registered and will insurance. and forward workers" share proof of payment Sep-22 Compensation Social Security and The payment for OFATMA work Pay the contribution within the Factory has received Other Benefits related accident insurance for the deadline indicated in the the invoices in January, fiscal year 2020-2021 was late. invoice. and made the payment when it was received. Payment has been Sep-22 Compensation Social Security and The employer contribution to ONA is Declare all employees within the ‘ DO Other Benefits calculated on the average daily salary first 15 days of hiring and from the 4th month of the date of forward the workers and signature of each contract. forward employer contribution for each worker on a monthly. Sep-22 Compensation Paid Leave The sick leave payment is not Ensure that the sick leave calculated based on the daily payment is calculated on the average earning. daily average earning. Sep-22 Compensation Paid Leave The annual leave payment is not Ensure that the annual leave calculated based on the daily payment is calculated on the average earning. daily average earning. [page 169] BETTER WORK HAITI - 27TH SYNTHESIS REPORT + Factory: MAS AKANSYEL S.A 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 Wark accacemante: Advisory and Training Services 19-Jun-24 Advisory services 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 6-Jun-24 Advisory services 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 2-Apr-24 Industry Seminar Virtual Supervisory Skills 15-Mar-24 Industry Seminar Virtual Workers' Rights & 1-Mar-24 Industry Seminar Virtual Preventing and Addressing Sexual Harassment for Middle Management 27-Feb-24 Industry Seminar Virtual Preventing and 23-Feb-24 Industry Seminar Virtual Preventing and 23-Feb-24 Advisory services Meeting with the management on the factory Upcoming retrenchment plan. 27-Nov-23 Industry Seminar Workshop on PNCSs & 24-Nov-23 Industry Seminar Problem Solving 15-Nov-23 Advisory services Meeting with the management team on the new working time for 2024. EA gave recommendations to consult with worker's representatives and seek guidance from MAST. Discussion with management regarding the improvement plan, ONA / OFATMA and contract issues. 13-Oct-23 Industry Seminar Virtual Leadership Skills 13-Oct-23 Industry Seminar Virtual Intercultural 13-Oct-23 Advisory services Meeting with management and union members. Management express concerns about the border situation and gave updates about current progress. Workers express concerns about the behaviors of some foreign managers. They also discussed receiving higher incentives rates. 6-Sep-23 Industry Seminar Supervisorvy Skills 30-Aug-23 Industry Seminar ToT Basic Compensation 24-Jul-23 Advisory services Meeting to work on the corrective action plan following the release of the assessment report. Management discuss the reinstatement of the pregnant women and other workers terminated for their involvement in a strike as per BWH's recommendations. 21-Jul-23 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 May 2024 May-24 Occupational Safety OSH Management The factory has not conducted Provide the evidence for the The factory conducts OSH meeting every 15 and Health Systems - Regular test, survey and regular tests on OSH points. month with our OSH team. Moreover, we inspections. are doing an OSH audit every week. May-24 Occupational Safety OSH Management The OSH committee does not Conduct OSH meeting on a regular Management conducts regular OSH 15 and Health Systems meeting regularly. basis. meeting on a monthly basis. [page 170] May-24 Working Time Overtime The factor did not receive the Get the approval from the 2 approval notice from the Department of Labor to perform Department of Labor to perform overtime. overtime. May-24 Working Time Overtime Workers in some department Ensure that overtime hours do not Management is managing closely the 2 work more than 80 hours of exceed 80 hours per trimester. overtime to avoid such issue. overtime by trimester. May-24 Working Time Overtime The factory did not receive the Get the approval from the No work is currently performed on 2 approval from the Department of Department of Labor to work on Sundays. Labor to perform work on Sundays. May-24 Working Time Overtime The factory did not obtain prior Get the approval from the 2 authorization from MAST to Department of Labor to perform perform overtime. overtime. May-24 Working Time Regular Hours The factory did not receive the Get the approval from the 2 approval from the Department of Department of Labor to perform Labor to perform overtime at overtime at night. May-24 Working Time Regular Hours The regular daily or weekly hours Keep the regular working time in 2 exceed the legal limit and the legal limit of 8 hours a day and therefore do not comply with the 48 hours a week. labor code. May-24 Occupational Safety Emergency Preparedness The aisles in the sewing floor Keep all the aisles clear and We conduct daily safety walks using a 43 and Health were obstructed with boxes and unobstructed. health and safety checklist, during which tables. we highlight all health and safety issues identified each day and follow up on corrective actions until they are May-24 Occupational Safety Emergency Preparedness The floor needs to be repainted. Ensure that evacuation routes are Management removed the demarcation to 24 and Health The assembly point is not visible clearly marked for modules 11 and identify clear evacuation path. Direction upon exiting the emergency exit 11. Have arrows to guide to the arrow board is placed near the finishing door of the Finished Goods area. assembly points upon exitingthe goods emergency exit where all workers finishing goods emergency exit. can see. May-24 Occupational Safety Emergency Preparedness Improper maintenance of fire Ensure that the inspection tag on The management took corrective action 2 and Health fighting equipment. the extinguishers reflects during the assessment visit for the both accurately the inspection checks. issues. Ensure that all forklift have a fire extinquisher on. May-24 Occupational Safety Emergency Preparedness Assessors observed that one Ensure that alarm is available at all The obstruction was removed during the 15 and Health alarm switch was obstructed. time during the working hours. assessment visit. May-24 Occupational Safety Health Services and First Keys were not available on the Ensure that first aid box are Management kept the first aid box open 54 and Health Aid floor to opened the first aid accessible . at all time. The issue was corrected during boxes. Management took the assessment visit. corrective action during May-24 Occupational Safety Health Services and First Insufficient number of nurses. Hire an adequate number of 24 and Health Aid nuircac [page 171] May-24 Occupational Safety Health Services and First Medical checks were not provided Ensure to pay the health cards to 2 and Health Aid to workers annually. OFATMA for the annual health checks and contact OFATMA to perform the necessary checks. May-24 Occupational Safety Health Services and First Medical checks were not provided Ensure to pay the health cards to 2 and Health Aid to workers exposed to work- OFATMA for the annual health related hazards. checks and contact OFATMA to perform the necessary checks. May-24 Occupational Safety Health Services and First Management did not share Ensure to pay the health cards to 2 and Health Aid evidence that medical checks OFATMA for the annual health were provided to workers in their checks and contact OFATMA to first three months of hiring. perform the necessary checks. May-24 Occupational Safety Working Environment Temperatures exceeded the Ensure to maintain the 2 and Health recommended 30 C. temperature below 30 C. May-24 Occupational Safety Worker Protection One worker was working in the Ensure that workers are awareto Management conducted Personal 24 and Health mechanic shop using grinder safety use machines and Protective Equipment (PPE) awareness without any personal protective equipment's. training for all employees working in the equipment. mechanic shop on June 25, 2024, as May-24 Occupational Safety Worker Protection The circuit breakers in the medical Ensure that all circuit breakers are The issues were corrected during the 2 and Health clinic were not properly labelled, identified and accessible to assessment visit. and that same box was responsible employees assigned obstructed. Another electrical box by management. was opened in the sewing machine storage area. May-24 Occupational Safety Worker Protection Employer did not provide safety Provide necessary protective The issue was corrected during the 24 and Health to workers belt doing heavy lifting equipment to workers that are assessment visit. B doing heavy lifting work. May-24 Occupational Safety Chemicals and There is no eye wash in the Install an washing facility in the We have a designated chemical storage 2 and Health Hazardous Substances mechanic room. mechanic where chemical is used room equipped with eyewash stations and or ensure that chemical is not used PPEs. Moving forward, chemicals will only inside the mechanic room. be stored in the designated chemical May-24 Occupational Safety Chemicals and Several hazardous chemicals were Ensure that all chemicals used in 54 and Health Hazardous Substances found without chemical safety the workplace have their safety data sheets. data sheets. May-24 Occupational Safety Chemicals and The chemical inventory was not Update the inventory of chemical 60 and Health Hazardous Substances accurate. as necessary and include the name of all chemicals used in the workplace May-24 Contracts and Human Termination The average salary used to dothe Include the allowance in the 2 Resources calculation of the annual leave annual leave payment upon did not include all the allowance termination. the factory provided to workers. [page 172] May-24 Compensation Social Security and Other The factory has not paid OFATMA Provide evidence for the payment 2 Benefits for work-related accident of the fiscal 2023-2024 for OFATMA insurance for the fiscal year 2023- work-related accident. 2024. May-24 Compensation Paid Leave A review of the payroll showed Pay the holidays based on the 2 that the holidays are not paid on average daily salary. average daily salary to all May-24 Compensation Paid Leave WSeklÿ rest day payments were Pay weekly rest day payment to 2 compensated in the payroll for workers who accumulated 48 workers who accumulated 48 hours within 5 days or less. hours within 5 days as required by May-24 Compensation Paid Leave The average salary used to dothe Ensure that annual leave is based 2 calculation did not include allthe on the average of daily earnings. allowance the factory provided to workers. May-24 Compensation Premium Pay Assessors noted that regular Pay the night shift as per law Management discontinued the night shift 2 hours performed at night were requirement. for the Embroidery department. paid only on the minimum wage. Therefore, moving forward, we will not be operating any night shifts. May-24 Compensation Premium Pay The regular hours performed on Have the workers working in the 2 Saturdays and Sundays were paid embroidery department work on on the minimum salary. the regular schedule as per the internal work rules. May-24 Compensation Overtime Wages Overtime performed at night Pay overtime performed at a 50 Management discontinued the night shift 2 were paid only at 50 percent percent above normal rate at for the Embroidery department. above the day shift wage. night. Therefore, moving forward, we will not be operating any night shifts. Assessment April 2023 Apr-23 Occupational Safety OSH Management Management did not show Ensure that regular test, survey Tests and other relevant things are carried and Health Systems evidence that the employer and inspections are conducted on out investigates monitors and a regular basis to monitor and measures OSH issues. measure OSH priorities. Apr-23 Occupational Safety OSH Management The OSH committee is not Ensure that the OSH committee is As soon as recruiting the OSH point and Health Systems meeting regularly, to ensure that meeting regularly. At least on a person, we will start back the OSH the OSH committee is functioning monthly basis. committee Apr-23 Occupational Safety Emergency Preparedness The factory did not provide Ensure that 10 percent of the and Health assessors with a list of workers workforce is trained in fire fighting who were trained in the use of fire equipment and keep the fighting equipment. attendance list available. [page 173] Apr-23 Occupational Safety Emergency Preparedness One aisle in the warehouse was Ensure that escape routes Cleared the path by removing those and Health obstructed by a table where a remained unobstructed. boxes. worker was performing regular work. There were a lot of carboard boxes blocking the area as well Apr-23 Occupational Safety Emergency Preparedness The evacuation plan does not Ensure that evacuation plan is This issue was fixed. That level is included and Health reflect the layout ofthe building. reflecting the current layout and and arrow point is setup upon exiting the include the meeting point. emergency exit. Apr-23 Occupational Safety Emergency Preparedness The embroidery section where Install a fire detection system in installed a fire detection system in the and Health cardboard boxes are used and the embroidery section where embroidery section stored does not have a fire cardboard boxes are used and detection system. stored. Apr-23 Occupational Safety Health Services and First The factory did not provide a list Ensure that 10 percent of the Will be conducting on September in Full and Health Aid of workers who were trained in workforce is trained in first aid and factory training first aid. keep the attendance list available. Apr-23 Occupational Safety Health Services and First Allthe first aid boxes are missing Ensure the first aid boxes have a Added checklists for every first aid box and Health Aid the checklist, so assessors could checklist to inform about the not verify if the content of the medical supplies that are available. boxes are accurate. Apr-23 Occupational Safety Health Services and First The factory does not currently Ensure that factory receives doctor Management has done interviews and and Health Aid have a permanent doctor. The visit at least 3 times a week. shortlisted some candidates. Waiting for Embroidery section has a night Head office approval for recruitment shift, but no medical staff is available at niaht. Apr-23 Occupational Safety Welfare Facilities The last water test is not done on Ensure the drinking water is tested This is done. Shared Evidence and Health a monthly basis. by an accredited laboratory on a monthly basis. Apr-23 Occupational Safety Welfare Facilities Insufficient number of toilets for Ensure that factory has adequate Factory will write to the park management and Health women. number of toilets for women and requesting this and once we receive the all the toilets are fully functioning. direction, will start Apr-23 Occupational Safety Worker Protection The factory did not provided Provide safety for the workers in In Progress. Management has and Health safety belt to worker in the the warehouse and packing area requested quotations from suppliers. warehouse and packing area, for doing heavy lifting work. heaw liftinq. Apr-23 Occupational Safety Worker Protection No personal protective equipment Provide all necessary protective This is done. Provided PPE to relevant and Health found in the boiler room and no equipment for the boiler room employees ear protector was found in the operators. compressor room . Apr-23 Occupational Safety Chemicals and The chemical safety data sheets Ensure that chemical safety data and Health Hazardous Substances were not available for several sheets are available for all products. chemical used and stored in the [page 174] Apr-23 Occupational Safety Chemicals and Different types of flammable Store chemical and hazardous and Health Hazardous Substances product were found next to each substances adequately. other. Apr-23 Occupational Safety Chemicals and Several containers were found Ensure that product labelling is and Health Hazardous Substances without labels and several other accurate. Review the labelling products were identified in a format. foreign language. Apr-23 Occupational Safety Chemicals and The inventory of chemicals and Ensure the inventory of chemicals and Health Hazardous Substances hazardous substances is not includes all chemical used and updated and accurate. stored in the workplace. Apr-23 Occupational Safety OSH Management The employer did not submit a Ensure that the structural safety Received the certificate and shared with and Health Systems copy of the structural safety certificate is available for any BW. certificate. relevant purpose. Apr-23 Compensation Social Security and Other The workers contribution to Ensure that OFATMA contribution With the collaboration of ONA, OFATMA, Benefits OFATMA is made on the minimum _ is accurate and include all the Ombudswomen, BMAST, DGI, Enterprise salary. pertinent payroll elements. advisor over many months it is finally cleared. Apr-23 Compensation Social Security and Other The employers' contribution to Ensure that ONA contribution is With the collaboration of ONA, OFATMA, Benefits ONA is based on the minimum accurate and include all the Ombudswomen, BMAST, DGI, Enterprise salary. pertinent payroll elements. advisor over many months it is finally cleared. Apr-23 Compensation Social Security and Other The employers' contributions to Ensure that OFATMA contribution With the collaboration of ONA, OFATMA, Benefits OFATMA is based on the is accurate and include all the Ombudswomen, BMAST, DGI, Enterprise minimum salary. pertinent payroll elements. advisor over many months it is finally cleared. Apr-23 Compensation Social Security and Other The workers’ contribution to ONA Ensure that ONA contribution is With the collaboration of ONA, OFATMA, Benefits is based on the minimum salary. accurate and include all the Ombudswomen, BMAST, DGI, Enterprise pertinent payroll elements. advisor over many months it is finally cleared. Apr-23 Forced Labor Coercion The factory failed to provide Reinstate all the 43 workers These employees were terminated under evidence that the workers were dismissed after the strike or article 42 À and G of the Haitian Labor committing violence during the provide proof of labor laws Code. All obligations of the employees are strike when violence was the violated that justify actions taken. covered under article 30 of the Haitian motive for the dismissal. Labor code. They were terminated not Apr-23 Discrimination Gender 19 female workers were Reinstate the 19 pregnant workers, During the Better Work assessment on terminated during pregnancy, pay compensation or obtain 26th April 2023, it was recommended by maternity leave and written authorization from MAST. the auditors to obtain a written breastfeeding. authorization from MAST confirming MAS Akansyel retrenchment process in accordance with the law as the facility did nat have thie written arithorization at that [page 175] BETTER WORK HAITI - 27TH SYNTHESIS REPORT = Factory: MAS AKANSYEL S.A 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 assesements: Advisory and Training Services 19-Jun-24 Advisory services 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 services 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 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 services 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. 27-Nov-23 Industry Seminar Workshop on PNCSs & Management System 24-Nov-23 Industry Seminar Problem Solving 15-Nov-23 Advisory services Meeting with the management team on the new working time for 2024. EA gave recommendations to consult with worker's representatives and seek guidance from MAST. Discussion with management regarding the improvement plan, ONA / OFATMA and contract issues. 13-Oct-23 Industry Seminar Virtual Leadership Skills 13-Oct-23 Industry Seminar Virtual Intercultural Communication 13-Oct-23 Advisory services Meeting with management and union members. Management express concerns about the border situation and gave updates about current progress. Workers express concerns about the behaviors of some foreign managers. They also discussed receiving higher incentives rates. 6-Sep-23 Industry Seminar Supervisory Skills 30-Aug-23 Industry Seminar ToT Basic Compensation and Benefits management system 24-Jul-23 Advisory services Meeting to work on the corrective action plan following the release of the assessment report. Management discuss the reinstatement of the pregnant women and other workers terminated for their involvement in a strike as per BWH's recommendations. 21Jul-23 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 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. 15 Health Systems - Regular test, survey and regular tests on OSH points. Moreover, we are doing an OSH audit every week. inspections. May-24 Occupational Safety and OSH Management The OSH committee does not Conduct OSH meeting on a Management conducts regular OSH meeting on a monthly basis. 15 Health Systems meeting regularly. regular basis. [page 176] May-24 Working Time Overtime The factor did not receive the Get the approval from the 2 approval notice from the Department of Labor to perform Department of Labor to perform … overtime. overtime. May-24 Working Time Overtime Workers in some department Ensure that overtime hours do not Management is managing closely the overtime to avoid such issue. 2 work more than 80 hours of exceed 80 hours per trimester, overtime by trimester. May-24 Working Time Overtime The factory did not receivethe Getthe approval fromthe No work is currently performed on Sundays. 2 approval from the Department of _ Department of Labor to work on Labor to perform work on Sundays. Sundays. May-24 Working Time Overtime The factory did not obtain prior Get the approval from the 2 authorization from MAST to Department of Labor to perform perform overtime. overtime. May-24 Working Time Regular Hours The factory did not receive the Get the approval from the 2 approval from the Department of _ Department of Labor to perform Labor to perform overtime at overtime at night. May-24 Working Time Regular Hours The regular daily or weekly hours _ Keep the regular working time in 2 exceed the legal limit and the legal limit of 8 hours a day and therefore do not comply with the 48 hours a week. labor code. May-24 Occupational Safety and Emergency The aisles in the sewing floor Keep all the aisles clear and We conduct daily safety walks using a health and safety checklist, during 43 Health Preparedness were obstructed with boxes and unobstructed. which we highlight all health and safety issues identified each day and tables. 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. 24 Health Preparedness The assembly point is not visible clearly marked for modules 11 and Direction arrow board is placed near the finishing goods emergency exit upon exiting the emergency exit 11. Have arrows to guide to the where all workers can see. door of the Finished Goods area. assembly points upon exiting the finishing goods emergency exit. May-24 Occupational Safety and Emergency Improper maintenance of fire Ensure that the inspection tag on The management took corrective action during the assessment visit for 2 Health Preparedness fighting equipment. the extinguishers reflects the 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 Ensure that alarm is available at all The obstruction was removed during the assessment visit. 15 Health Preparedness alarm switch was obstructed. time during the working hours. May-24 Occupational Safety and Health Services and First Keys were not available onthe Ensure that first aid box are Management kept the first aid box open at all time. The issue was 54 Health Aid floor to opened the first aid accessible . corrected during the assessment visit. boxes. Management took corrective action during assessment. May-24 Occupational Safety and Health Services and First Insufficient number of nurses. Hire an adequate number of 24 Health Aid nurses. May-24 Occupational Safety and Health Services and First Medical checks were not provided Ensure to pay the health cards to 2 Health Aid to workers annually. OFATMA for the annual health checks and contact OFATMA to perform the necessary checks. [page 177] May-24 Occupational Safety and Health Services and First Medical checks were not provided Ensure to pay the health cards to 2 Health Aid to workers exposed to work- OFATMA for the annual health related hazards. checks and contact OFATMA to perform the necessary checks. May-24 Occupational Safety and Health Services and First Management did not share Ensure to pay the health cards to 2 Health Aid evidence that medical checks OFATMA for the annual health were provided to workers in their … checks and contact OFATMA to first three months of hiring. perform the necessary checks. May-24 Occupational Safety and Working Environment Temperatures exceeded the Ensure to maintain the 2 Health recommended 30 C. temperature below 30 C. May-24 Occupational Safety and Worker Protection One worker was working in the Ensure that workers are aware to Management conducted Personal Protective Equipment (PPE) awareness 24 Health mechanic shop using grinder safety use machines and training for all employees working in the mechanic shop on June 25, 2024, without any personal protective equipment's. as agreed. equipment. May-24 Occupational Safety and Worker Protection The circuit breakers in the Ensure that all circuit breakers are The issues were corrected during the assessment visit. 2 Health medical clinic were not properly identified and accessible to labelled, and that same box was responsible employees assigned obstructed. Another electrical box by management. was opened in the sewing machine <tnrane area May-24 Occupational Safety and Worker Protection Employer did not provide safety Provide necessary protective The issue was corrected during the assessment visit. 24 Health to workers belt doing heavy equipment to workers that are lifting . doing heavy lifting work. May-24 Occupational Safety and Chemicals and There is no eye wash in the Install an washing facility in the We have a designated chemical storage room equipped with eyewash 2 Health Hazardous Substances mechanic room. mechanic where chemical is used stations and PPEs. Moving forward, chemicals will only be stored in the or ensure that chemical is not designated chemical room. used inside the mechanic room. May-24 Occupational Safety and Chemicals and Several hazardous chemicals Ensure that all chemicals used in 54 Health Hazardous Substances were found without chemical the workplace have their safety safety data sheets. data sheets. May-24 Occupational Safety and Chemicals and The chemical inventory was not Update the inventory of chemical 60 Health Hazardous Substances accurate. as necessary and include the name of all chemicals used in the workplace May-24 Contracts and Human Termination The average salary used to do the _Include the allowance in the 2 Resources calculation ofthe annual leave annual leave payment upon did not include all the allowance termination. the factory provided to workers. May-24 Compensation Social Security and Other The factory has not paid OFATMA Provide evidence for the payment 2 Benefits for work-related accident of the fiscal 2023-2024 for OFATMA insurance for the fiscal year 2023- work-related accident. 2024. May-24 Compensation Paid Leave Areview of the payroll showed Pay the holidays based on the 2 that the holidays are not paid on average daily salary. average daily salary to all May-24 Compensation Paid Leave Weekly rest day payments were Pay weekly rest day payment to 2 compensated in the payroll for workers who accumulated 48 workers who accumulated 48 hours within 5 days or less. hours within 5 days as required hurtha laver [page 178] May-24 Compensation Paid Leave The average salary used to do the Ensure that annual leave is based 2 calculation did not include allthe on the average of daily earnings. allowance the factory provided to workers. May-24 Compensation Premium Pay Assessors noted that regular Pay the night shift as per law Management discontinued the night shift for the Embroidery 2 hours performed at night were requirement. department. Therefore, moving forward, we will not be operating any paid only on the minimum wage. night shifts. May-24 Compensation Premium Pay The regular hours performed on Have the workers working in the 2 Saturdays and Sundays were paid embroidery department work on on the minimum salary. the regular schedule as per the internal work rules. May-24 Compensation Overtime Wages Overtime performed at night Pay overtime performed at a 50 Management discontinued the night shift for the Embroidery 2 were paid only at 50 percent percent above normal rate at department. Therefore, moving forward, we will not be operating any above the day shift wage. night. night shifts. Assessment April 2023 Apr-23 Occupational Safety and OSH Management Management did not show Ensure that regular test, survey Tests and other relevant things are carried out Health Systems evidence that the employer and inspections are conducted on investigates monitors and a regular basis to monitor and measures OSH issues. measure OSH priorities. Apr-23 Occupational Safety and OSH Management The OSH committee is not Ensure that the OSH committee is As soon as recruiting the OSH point person, we will start back the OSH Health Systems meeting regularly, to ensure that meeting regularly. At least on a committee the OSH committee is functioning monthly basis. effectively. Apr-23 Occupational Safety and Emergency The factory did not provide Ensure that 10 percent of the Health Preparedness assessors with a list of workers workforce is trained in fire fighting who were trained in the use of equipment and keep the fire-fighting equipment. 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. Health Preparedness obstructed by a table where a remained unobstructed. worker was performing regular work. There were a lot of carboard boxes blocking the area Apr-23 Occupational Safety and Emergency The evacuation plan does not Ensure that evacuation plan is This issue was fixed. That level is included and arrow point is setup upon Health Preparedness reflect the 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 Health Preparedness cardboard boxes are used and the embroidery section where stored does not have a fire cardboard boxes are used and detection system. stored. Apr-23 Occupational Safety and Health Services and First The factory did not provide a list Ensure that 10 percent ofthe Will be conducting on September in Full factory training Health Aid of workers who were trained in workforce is trained in first aid and first aid. keep the attendance list available. Apr-23 Occupational Safety and Health Services and First All the first aid boxes are missing Ensure the first aid boxes have a Added checklists for every first aid box Health Aid the checklist, so assessors could checklist to inform about the not verify if the content of the medical supplies that are boxes are accurate. available. [page 179] Apr-23 Occupational Safety and Health Services and First The factory does not currently Ensure that factory receives doctor Management has done interviews and shortlisted some candidates. Health Aid have a permanent doctor. The visit at least 3 times a week. Waiting for Head office approval for recruitment Embroidery section has a 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 Ensure the drinking water is tested This is done. Shared Evidence Health a monthly basis. by an accredited laboratory on a monthly basis. Apr-23 Occupational Safety and Welfare Facilities Insufficient number of toilets for Ensure that factory has adequate Factory will write to the park management requesting this and once we Health women. number oftoilets for women and receive the direction, will start all the toilets are fully functioning. Apr-23 Occupational Safety and Worker Protection The factory did not provided Provide safety for the workers in In Progress. Management has Health safety belt to worker in the the warehouse and packing area requested quotations from suppliers. warehouse and packing area, for … doing heavy lifting work. Apr-23 Occupational Safety and Worker Protection No personal protective Provide all necessary protective This is done. Provided PPE to relevant employees Health equipment found in the boiler equipment for the boiler room room and no ear protector was operators. found in the compressor room . Apr-23 Occupational Safety and Chemicals and The chemical safety data sheets Ensure that chemical safety data Health Hazardous Substances were not available for several sheets are available for all products. chemical used and stored in the workplace. Apr-23 Occupational Safety and Chemicals and Different types of flammable Store chemical and hazardous Health Hazardous Substances product were found next to each substances adequately. other. Apr-23 Occupational Safety and Chemicals and Several containers were found Ensure that product labelling is Health Hazardous Substances without labels and several other accurate. Review the labelling products were identified in a format. foreign language. Apr-23 Occupational Safety and Chemicals and The inventory of chemicals and Ensure the inventory of chemicals Health Hazardous Substances hazardous substances is not includes all chemical used and updated and accurate. stored in the workplace. Apr-23 Occupational Safety and OSH Management The employer did not submit a Ensure that the structural safety Received the certificate and shared with BW. Health Systems copy of the structural safety certificate is available for any certificate. relevant purpose. Apr-23 Compensation Social Security and Other The workers’ contribution to Ensure that OFATMA contribution With the collaboration of ONA, OFATMA, Ombudswomen, BMAST, DGI, Benefits OFATMA is made on the is accurate and include all the Enterprise advisor over many months it is finally cleared. minimum salary. 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 qive us some time to implement the same. Apr-23 Compensation Social Security and Other The employers' contribution to Ensure that ONA contribution is With the collaboration of ONA, OFATMA, Ombudswomen, BMAST, DGI, Benefits ONA is based on the minimum 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 employers' contributions to Ensure that OFATMA contribution With the collaboration of ONA, OFATMA, Ombudswomen, BMAST, DGI, Benefits OFATMA is based on the is accurate and include all the Enterprise advisor over many months it is finally cleared. minimum salary. pertinent payroll elements. [page 180] Apr-23 Compensation Social Security and Other The workers’ contribution to ONA Ensure that ONA contribution is With the collaboration of ONA, OFATMA, Ombudswomen, BMAST, DGI, Benefits is based on the minimum salary. … accurate and include all the Enterprise advisor over many months it is finally cleared. pertinent payroll elements. Apr-23 Forced Labor Coercion The factory failed to provide Reinstate all the 43 workers These employees were terminated under article 42 À and G of the Haitian evidence that the workers were dismissed after the strike or Labor Code. All obligations of the employees are covered under article 30 committing violence duringthe provide proof of labor laws of the Haitian Labor code. They were terminated not because they strike when violence was the violated that justify actions taken. … participated in an illegal strike; but rather because they breached the said motive for the dismissal. 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 a 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 Haitian labor code including article 203 and did not find any objection in taking disciplinary actions against said 43 Apr-23 Discrimination Gender 19 female workers were Reinstate the 19 pregnant During the Better Work assessment on 26th April 2023, it was terminated during pregnancy, workers, pay compensation or recommended by the auditors to obtain a written authorization from maternity leave and obtain written authorization from MAST confirming MAS Akansyel retrenchment process in accordance with breastfeeding. MAST. 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 181] BETTER WORK HAITI - 27TH SYNTHESIS REPORT : Factory: MB Jeans Haïti (PVT) Ltd 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 [une of 2024, shortly after the assessment was completed in Mav. Advisory and Training Services 17-May-24 Advisory services 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 services Meeting with management to: 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. 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 services Meeting with management to: 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. 20-Nov-23 Advisory services Meeting with bipartite committee to: Follow-up on factory actual situation. Follow-up on OFATMA insurance implementation. Follow-up on actual number of the factory, last ONA payment and the final payment for OFATMA accident. 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. Follow-up on the office the CODEVI administration gave the unions. Follow-up on the dismissal of the SORENE union executive member. Workers said the salary is improve with the new director. 25-Oct-23 Industry Seminar Bipartite Committee | ‘ US ‘ 20-Sep-23 Industry Seminar Human Resources Management (HRM) 13-Sep-23 Industry Seminar ToT Problem Solving 8-Sep-23 Industry Seminar Negotiation Skills [page 182] 31-Aug-23 Industry Seminar Industrial Relations 23-Aug-23 Advisory services Conducted OHS assessment tour with the factory compliance officer to approve non-compliance fixed by the factory and to advise on the ones found during the tour. Reviewed several documents to identify the improvement made by the factory. Reviewed the IP with the compliance and the HR manager Meeting Bipartite committee to: Monitor the Implementation of OFATMA maternity and Health insurance. The insurance is still not in place. However, the factory managers said they were still following up with CODEVI now on the implementation process. Workers expressed that although there is less verbal abuse, a communication barrier still exist between worker and management. Discussions regarding the dismissal of the general manager and the hiring of a new manager. 7-Aug-23 Advisory services Meeting with management to follow-up on the industrial issue (the fired union member) 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 a Update and adjust hazard/risk 21 Health Systems hazard/risk management and management and control control procedure that includes procedures. all the requirements. May-24 Occupational Safety and OSH Management The factory does not have an Update and adjust emergency 21 Health Systems emergency preparedness preparedness procedure procedure that includes all the requirements May-24 Occupational Safety and OSH Management The employer has failed to Ensure that all OSH issues are 21 Health Systems investigate, monitor and investigated, monitored and measure OHS issues as measured accurately. required. May-24 Occupational Safety and OSH Management The employer does not Ensure that the factory conduct 14 Health Systems adequately assigns the joint OSH Committee accountability for health and meetings to address OSH issues. safety to OSH Officers and HR May-24 Contracts and Human Employment Contracts The factory does not have a Update and adjust disciplinary 21 Resources disciplinary and termination and termination procedures. procedures which does not include all the steps. May-24 Contracts and Human Employment Contracts The factory does not fully Ensure that all parameters are 21 Resources investigates performance of HR. reviewed during the HR review. [page 183] May-24 Contracts and Human Employment Contracts The factory does not adequately Ensure that all the steps are in 21 Resources communicate and implement place in the factory. HR policies and procedures. May-24 Contracts and Human Employment Contracts The factory does not have an Develop an HR policy that 21 Resources HR policy that include all the includes all the necessary necessary elements. elements. May-24 Working Time Overtime The factory did not obtain prior Request prior authorization from 2 authorization from MAST to MAST before working overtime. perform overtime. May-24 Working Time Overtime The factory does not comply Ensure that workers do not 2 with the limit on overtime hours exceed the limit of overtime hours worked. specified in the Labor Code. May-24 Working Time Overtime The factory did not obtain prior Request prior authorization from 2 authorization from MAST for MAST before working on Sunday. work perform on Sunday. May-24 Working Time Regular Hours The employer did not received Request prior authorization from 2 authorization form the Ministry MAST before working at night. of Labor to work at night. May-24 Working Time Regular Hours The employer did not postthe Postthe factory's working hours 2 factory's working hours for all for all shifts including break time. shifts including break time. May-24 Working Time Regular Hours The regular daily or weekly Modify the regular daily or weekly 2 hours exceed the legal limit as hours to comply with the labor specify in the labor code. code. May-24 Occupational Safety and Emergency Assessors noticed rechargeable Make sure the source of ignition 2 Health Preparedness bulb cover by piece of fabricin problemis fix. some sections. May-24 Occupational Safety and Emergency Obstructed evacuation routes Keep routes and emergency exits 14 Health Preparedness and emergency exits in several unobstructed during working sections of the workspace. hours. May-24 Occupational Safety and Emergency Improper maintenance of fire Provide adequate firefighting 2 Health Preparedness extinguishers. equipment and ensure regular maintenance is done May-24 Occupational Safety and Health Services and First Several first aid boxes were not The factory needs to designate a 21 Health Aid accessible and some were person to monitor all first aid missing medical supplies. boxes. [page 184] May-24 Occupational Safety and Health Services and First Insufficient medical personnel. Ensure that the free zone or the 21 Health Aid factory has adequate medical facilities May-24 Occupational Safety and Health Services and First Free health checks was not Provide health checks to workers 21 Health Aid provided to workers annually. annually. May-24 Occupational Safety and Health Services and First Free health checks was not Provide health checks to workers 21 Health Aid provided to workers exposed to exposed to work-related hazards work-related hazards twice a at least twice a year. May-24 Occupational Safety and Welfare Facilities Eating area is not adequate to The factory needs to find an 21 Health accommodate the entire additional eating area for the workforce. workers. May-24 Occupational Safety and Welfare Facilities Soap was not available in men's Ensure that soap is available in all 2 Health and women's toilets. toilets. May-24 Occupational Safety and Working Environment light levels were inappropriate Ensure the lighting is adequate 14 Health in some working sections. and adapted to worker's needs. May-24 Occupational Safety and Working Environment Workplace temperatures are Monitor the temperature and 21 Health unacceptable. maintain it under 30 C inside the workplace. May-24 Occupational Safety and Worker Protection Single needle Sewing machines Install the proper safety guards 2 Health were missing finger guards. on all machines. May-24 Occupational Safety and Worker Protection The factory did not provide Provide appropriate PPE where it 2 Health appropriate PPE to all workers. is needed for all workers. May-24 Occupational Safety and Chemicals and The factory did not assess, The factory needs to assess, 2 Health Hazardous Substances monitor and record workers" monitor and record workers" exposure to hazardous exposure to hazardous substances. substances. May-24 Occupational Safety and Chemicals and MSDSs are not available in local Translate MSDS in the local 21 Health Hazardous Substances language for all chemicals used language and post them where in the workplace. chemical products are used. May-24 Occupational Safety and Chemicals and Chemical and hazardous Label all chemicals and 21 Health Hazardous Substances substances are not properly hazardous substances used in the labelled. workplace. May-24 Occupational Safety and Chemicals and Inventory of chemicals and Update inventory of chemicals 2 Health Hazardous Substances hazardous substances is not and hazardous substances in the updated. workplace. [page 185] May-24 Occupational Safety and OSH Management The factory does not have a Develop an preparedness 2 Health Systems written emergency procedure that includes all the preparedness procedure that necessary requirements. includes all the requirements. May-24 Occupational Safety and OSH Management The factory does not record and Record and submit work related 2 Health Systems submit work-related accidents accidents to OFATMA on a to OFATMA on a monthly basis. monthly basis. May-24 Contracts and Human Termination The employer does not pay Pay workers their annual salary 21 Resources workers their annual salary supplement upon termination supplement or bonus correctly and include weekly rest day upon termination. pavment in the calculation May-24 Contracts and Human Termination The employer does not Pay the unused paid annual leave 21 Resources compensate workers properly upon termination and include for unused annual paid leave. weekly rest day payment in the May-24 Contracts and Human Employment Contracts The factory does not have an Send the factory internal work 21 Resources internal work rules approved by rules to MAST for approval. the Ministry of Labor. May-24 Contracts and Human Employment Contracts The contract for the night shift Update the contract of all workers 21 Resources and Dominicans workers does in the factory to be in compliance not comply with the internal With the internal work rules. work rules. May-24 Compensation Social Security and Other The factory did not send Send workers" pay slip to OFATMA 21 Benefits workers’ pay slip to OFATMA for for sick leave and maternity leave sick leave and maternity leave payment. May-24 Compensation Social Security and Other The factory is not registered Register the factory with OFATMA 21 Benefits with OFATMA for maternity and and then forward employer's health insurance. contribution to OFATMA. May-24 Compensation Social Security and Other The Factory does not forwards Calculate ONA contributions on The factory is closed and 21 Benefits employers' contributions to the basic salary, and forward it on CODEVI administration ONA on time. time. did not show any prove of payment to Better Work May-24 Compensation Social Security and Other The employer collect but does Calculate ONA contributions on The factory is closed and 21 Benefits not forwards workers" the basic salary, and forward it on CODEVI administration contributions to ONA on time. time. did not show any prove of payment to Better Work May-24 Compensation Social Security and Other The factory did not submit any Ensure that the factory has an The factory is closed 21 Benefits proof of payment for OFATMA agreement with OFATMA for work prove of payment to work related accident insurance related accident payment. Better Work for the fiscal year 2023-2024. [page 186] May-24 Compensation Paid Leave Inaccurate payment for legallyÿ Pay working holiday on the 2 mandated holiday. average earning as required by the law. May-24 Compensation Paid Leave The employer does not pay Pay the weekly rest day as 2 workers for the weekly rest day. required by the law. May-24 Compensation Paid Leave Inaccurate payment for Calculate the maternity leave 21 maternity 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 2 earnings, including the weekly rest day as required by the law. May-24 Compensation Overtime Wages The employer does not pay Pay 100% above the normal hours 2 100% above the normal wage for overtime hours worked at for overtime hours worked at night. May-24 Compensation Overtime Wages The employer does not pay 50% Pay 50% above the normal hours 2 above the normal hours for for overtime worked on weekly overtime worked on weekly rest rest day. day. May-24 Freedom of Association Collective Bargaining Failure to implement several Review the CBA and implement all 14 and Collective Bargaining articles in the CBA. articles as stated in the document. Assessment May 2023 May-23 Occupational Safety and OSH Management The factory does not have a Update and adjust hazard/risk Health Systems hazard/risk management and management and control control procedure that includes procedures. all the requirements. May-23 Occupational Safety and OSH Management The factory does not have an Update and adjust emergency Health Systems emergency preparedness preparedness procedure procedure that includes all the requirements. May-23 Occupational Safety and OSH Management The employer does not Ensure that all OSH issues are Health Systems investigate, monitor and investigated, monitored and measure OHS issues as measured accurately. ranniirad May-23 Contracts and Human Employment Contracts The factory does not have a Update and adjust disciplinary Resources disciplinary and termination and termination procedures. procedures that includes all the steps. [page 187] May-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. May-23 Contracts and Human Employment Contracts The factory does not adequately Ensure that all the steps are in Resources communicate and implement place to communicate and HR policies and procedures. implement the HR policy in the May-23 Contracts and Human Employment Contracts The factory does not have an Make sure that the factory has an Resources HR policy that include all the HR policy in place. necessary elements. May-23 Working Time Leave Inaccurate maternity leave to Ensure that pregnant workers are pregnant workers. going home 6 weeks before giving birth. May-23 Working Time Regular Hours Pregnant workers from the Give the legally required breakto The factory provide 2 finishing area are not allowed to all pregnant women. additional breaks of 30 take two extra breaks. minutes to pregnant women since they fired the finishing manager. May-23 Occupational Safety and Emergency The employer did not conduct Conduct fire drill at least twice a Health Preparedness at least 2 emergency drill per year. May-23 Occupational Safety and Emergency CHSuer evacuation routes. Keep evacuation routes Health Preparedness unobstructed. May-23 Occupational Safety and Health Services and First One first aid box was not The factory needs to designate a Health Aid accessible in the boiler room. person to monitor all first aid boxes. May-23 Occupational Safety and Health Services and First The factory does not have an Ensure that the free zone or the Health Aid onsite medical facilities and factory has adequate medical staff as required by labor code. facilities May-23 Occupational Safety and Health Services and First Free health checks was not Provide health checks to workers The factory has Health Aid provided to workers exposed to exposed to work-related hazards completed the payment work-related hazards. at least twice a year. for the CDS which entitled the workers to received health checks from May-23 Occupational Safety and Welfare Facilities Eating area is not adequate to The factory needs to find an Health accommodate the entire additional eating area for the workforce. workers. May-23 Occupational Safety and Working Environment The light levels were Ensure the lighting is adequate Health inappropriate in some working and adapted to worker's needs. sections. [page 188] May-23 Occupational Safety and Working Environment Workplace temperatures levels Monitor the temperature level Health are unacceptable. and maintain it under 30 C inside the workplace. May-23 Occupational Safety and Worker Protection Improper maintenance of Improve the electrical The factory removed the Health electrical system of the factory. maintenance and Create a combustible material maintenance log inside the electrical panel. May-23 Occupational Safety and Chemicals and MSDSs are not available in local Translate MSDS in the local Health Hazardous Substances language for all chemicals used language and post them where in the workplace. chemical products are used. May-23 Occupational Safety and Chemicals and Chemical and hazardous Label all chemicals and Health Hazardous Substances substances are not properly hazardous substances used in the labelled. workplace. May-23 Contracts and Human Dialogue, Discipline and A foreign manager was Provide additional training, The factory fired the Resources Disputes addressing the workers in an Conduct regular self-assessment finishing manager. Based abusive and improper and apply the disciplinary and on a meeting with language. termination procedure. bipartite committee they said there is a mutual respect between management and May-23 Contracts and Human Termination The calculation of the annual Pay workers their annual salary The June 13 decree Resources salary supplement or bonus supplement upon termination suspends the 3*8 law. upon termination does not and include the lunch break The lunch break payment include the lunch break payment in the calculation is no longer required. May-23 Contracts and Human Termination The calculation for unused paid Pay the unused paid annual leave The June 13 decree Resources annual leave upon termination upon termination and include the suspends the 3*8 law. does not include the lunch lunch break payment in the The lunch break payment break payment. calculation is no longer required. May-23 Contracts and Human Termination The calculation of the payment Pay the applicable notice period The June 13 decree Resources for the applicable notice period and include the lunch break suspends the 3*8 law. does not include the lunch payment in the calculation The lunch break payment break payment. is no longer required. May-23 Contracts and Human Termination The factory does not provide all Ensure that all documentations Resources the terminated workers files are available in the workplace requested. including the files of terminated May-23 Contracts and Human Employment Contracts The factory does not have an Send the factory internal work The factory sent internal Resources internal work rules approved by rules to MAST for approval. work rules to MAST since the Ministry of Labor. 18 of July 2022 for annunun [page 189] May-23 Contracts and Human Employment Contracts The Dominican workers Ensure that all contracts are in Resources contract does not comply with compliance with the factory the internal work rules. internal work rules. May-23 Compensation Social Security and Other The factory did not send Send workers pay slip to OFATMA Benefits workers pay slip to OFATMA for for sick leave and maternity leave sick leave and maternity leave payment. pavment. May-23 Compensation Social Security and Other The factory is not registered Register the factory with OFATMA Benefits with OFATMA for maternity and and then forward employer's health insurance. contribution to OFATMA. May-23 Compensation Social Security and Other The calculation of employer's Calculate ONA contributions on Benefits contribution for ONA payment the basic salary, and forward it on is inaccurate and payments are time. made late consistently. May-23 Compensation Social Security and Other The factory is not registered Register the factory with OFATMA Benefits with OFATMA for maternity and and then Collect and forward health insurance. workers contribution to OFATMA. May-23 Compensation Social Security and Other The calculation of workers" Calculate ONA contributions on Benefits contribution for ONA payment the basic salary, and forward it on is inaccurate and payments are time. made late consistently. May-23 Compensation Social Security and Other Inaccurate payments for Ensure the factory paid the work Benefits OFATMA accident insurance. related accident on time to OFATMA including the CDS, and has an agreement with OFATMA for pavment. May-23 Compensation Paid Leave The lunch break is not Pay the lunch break. The June 13 decree compensated in the payroll. suspends the 3*8 law. The lunch break payment is no longer required. May-23 Compensation Paid Leave Inaccurate payment for Pay 12 weeks of maternity leave maternity leave. to workers May-23 Freedom of Association Strikes Industrial relation dispute inthe Ensure that the factory establish a and Collective Bargaining workplace. retrenchment plan in consultation with workers’ representatives and notify the Ministry of Social Affairs in such cases. May-23 Freedom of Association Collective Bargaining Violation of the CBA. Review the CBA and implement all and Collective Bargaining articles as stated in the document. [page 190] May-23 Discrimination Race and Origin Workers interview reported that Provide additional training, The factory fired the one foreign manager was conduct regular self-assessment, finishing manager. Based addressing the workers with and apply the disciplinary and on a meeting with abusive and improper termination procedure. bipartite committee they language. said there is a mutual respect between [page 191] BETTER WORK HAITI - 27TH SYNTHESIS REPORT . Factory: MBI HAITI S.A Location: Port-au-Prince Number of workers: 1555 Date of registration: Aug-13 Date of last two Mar-23 Feb-24 Retter Work Advisory and Training Services 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. 8-Apr-24 Advisory services Introductory meeting as their new appointed advisor. The discussion was on the priorities for the year and the FOA remediation points. Factory to put effort to close this point as promptly as possible. 15-Mar-24 Industry Seminar Virtual Workers' Rights & Responsibilities 8-Dec-23 Industry Seminar Virtual Awareness on Convention 190 & Recommendation 206 16-Nov-23 Industry Seminar Virtual Grievance Policy on Violence and Harassment 16-Nov-23 Advisory Services Summary of the advisory visit 1. Meeting with the bipartite committee to: Follow-up on factory's actual situation and the current number of workers at the factory; last ONA payment and the final payment for OFATMA accident. Review and update the new improvement plan. Follow-up on SOTA/BO dismissal case Advise the factory about 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. 27-Oct-23 Advisory services Meeting with management to: Discuss proof of progress on the Improvement plan. Follow-up on actual number of the factory, last ONA payment and the final payment for OFATMA accident. Added all corrective actions completed in the improvement plan. 13-Oct-23 Industry Seminar Virtual Leadership Skills 9-Oct-23 Advisory services Meeting with bipartite committee to: Introduce the coaching method. Follow-up on actual number of the factory, last ONA payment and the final payment for OFATMA accident. Review and update the new improvement plan. Review the management system questions Follow-up on SOTA-BO dismissal case Added all corrective actions completed in the improvement plan. 18-Aug-23 Advisory services Summary of the advisory visit Meeting with management to: Discuss proof of progress on the Improvement plan. Follow-up on actual number of the factory, last ONA payment and the final payment for OFATMA accident. Discuss the new decree that put the 3*8 law on pause Follow-up on the factory situation Added all corrective actions completed in the improvement plan. 6-Jul-23 Advisory services Meeting with management to follow-up on the industrial issue (the fired union members) [page 192] ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment February 2024 Feb-24 Occupational Safety OSH Management Systems The factory does not have a Ensure that the hazard/risk 30 and Health hazard/risk management and management and control control procedure that includes procedure has all the required all the requirements. elements. Feb-24 Occupational Safety OSH Management Systems The factory does not have an Develop an accident 30 and Health accident investigation procedure investigation procedure that that includes all the includes all the required requirements. elements. Feb-24 Occupational Safety OSH Management Systems The employer did not show Develop and OSH management 30 and Health evidence of regular review of system procedure which the OSH management system for includes measurable objectives, its effectiveness and targets and periodic review for performance on measurable effectiveness. nhiactiine and tsrnante Feb-24 Contracts and Human Employment Contracts The grievance handling and Include all the missing 30 Resources dispute resolution procedures requirement in the grievance do not include fair review, an handling and dispute resolution appeal process, and procedures. communication of changes made or resolution. Feb-24 Contracts and Human Employment Contracts No evidence that the employer Establish an investigative 30 Resources takes action to investigate procedure for violation of HR violations of HR policies and policies, document it and report procedures, identify weaknesses the evidence of the and make necessary adjustments investigation to management to prevent recurrence. for proper follow up. Feb-24 Contracts and Human Employment Contracts The communication on HR Ensure that the HR policies and 30 Resources policies and procedures does not procedures include all the include : required elements. 1. Induction training for workers and staff; 2. Staff trainina on how to carrv Feb-24 Working Time Leave Although the workers were Provide 15 consecutive days of 14 entitled to 15 days of annual annual leave to all workers, leave, it was verified that the including the security guards. security guards had been granted only 8 days of annual [page 193] Feb-24 Occupational Safety Emergency Preparedness Assessors observed several aisles Ensure that the aisles remained 50 and Health were blocked by fabric tables in accessible and free from any building 53. obstacles during the working hours. Feb-24 Occupational Safety Health Services and First Aid Insufficient number of onsite Hire 5 more nurses to be 50 and Health nurses. compliant with the labor laws. Feb-24 Occupational Safety Health Services and First Aid Workers exposed to chemical Ensure that workers that are 30 and Health and hazardous products did not exposed to chemical and received free health checks twice hazardous products received a year. health checks twice a year. Feb-24 Occupational Safety Welfare Facilities The water test is not conducted Ensure the water test is Last test was 14 and Health on a monthly basis. Furthermore, performed on a monthly basis. conducted on March several workers have complained 2024. about finding dead insects when collecting drinking water. Feb-24 Occupational Safety Welfare Facilities No adequate hand washing Provide washing facilities and 4 and Health facilities or soap observed inthe soap are provided in the restrooms during the restrooms. assessment visit. Feb-24 Occupational Safety Welfare Facilities Insufficient number of toilets for Have the adequate number of 4 and Health men and women. toilets for men and women according to the workforce. Feb-24 Occupational Safety Working Environment The workplace was not clean and Ensure that the workplace is 4 and Health tidy at the time of the visit. clean and tidy. Feb-24 Occupational Safety Working Environment The level of lighting in the Ensure that the level of lighting 50 and Health workplace is unacceptable inthe is adequate in the pressing and pressing and the sewing section. the sewing section. Feb-24 Occupational Safety Working Environment Noise levels are not acceptable in Maintain the noise level to a 50 and Health the pressing area with 118 db. maximum of 90 db. Feb-24 Occupational Safety Working Environment The workplace temperatures Maintain the temperature level 50 and Health exceeded the recommended 30 C to the maximum of 30 dB or in several sections. under. [page 194] Feb-24 Occupational Safety Worker Protection Three chairs without backrest Ensure that all chairs have The three chairs were 4 and Health and in poor condition on the backrest and in good condition. replaced by chair with floor of buildings 53. back rest and in good condition. Feb-24 Occupational Safety Worker Protection Several machines were without Ensure the sewing machines are 4 and Health eye guards in building 52. equipped with their safety Feb-24 Occupational Safety Worker Protection Personal protective equipment Provide the necessary personal 30 and Health were available for workers in the protective equipment to the fabric warehouse, and in the workers. compressor room in Building 54. Feb-24 Occupational Safety Chemicals and Hazardous An eyewash station in spot Ensure that all the eyewash 4 and Health Substances cleaning of Building 54 was not facilities are functioning working properly. properly. Feb-24 Occupational Safety Chemicals and Hazardous One container of an unidentified Label all chemicals and 50 and Health Substances liquid in the mechanic shop in hazardous substances used in Building 53. the workplace. Feb-24 Occupational Safety OSH Management Systems The employer has not performed Perform an assessment of 4 and Health an assessment of occupational occupational safety and health safety and health risks in the risks on a monthly basis. factory on a regular basis. Feb-24 Occupational Safety OSH Management Systems Management didn't provide any Provide the structural safety 4 and Health structural safety certificate, certificate. certifying the structure of the buildings meets the safety requirements for an industrial structure. Feb-24 Occupational Safety OSH Management Systems The factory does not perform Ensure that internal OSH 4 and Health regular OSH self assessments on assessments are conducted on a monthly basis. a monthly basis. Feb-24 Contracts and Human Termination The annual leave payment upon Ensure that annual leave upon 37 Resources termination is not calculated on termination is calculated on the the average daily earning. average daily earning. Feb-24 Contracts and Human Employment Contracts The internal work rules do not Include all the missing elements 14 Resources include entry and exit hours, pay in the internal rules. locations and times of payment. [page 195] Feb-24 Contracts and Human Employment Contracts During the interview, several Ensure that working conditions 4 Resources mechanics reported that they and responsibilities are clearly were assigned additional tasks disclosed in the contract. such as sweeping the floor and painting the walls of the factory, despite their contracts specifying their employment as mechanics. They confirmed that they were Feb-24 Contracts and Human Employment Contracts The foreign worker's contract Include the missing elements in 35 Resources does not include the employer's the contract. information as well as the employee's salary. Feb-24 Compensation Social Security and Other The employer's contribution to Pay OFATMA contribution on Last payment was 35 Benefits OFATMA for maternity and time. made in July for the health insurance. payment is not month of May 2024. completed on a monthly basis. Feb-24 Compensation Social Security and Other The required employer Pay the ONA contribution on Last payment was 35 Benefits contribution to ONA is not time. made in June for the completed on a monthly basis. month of May 2024. Feb-24 Compensation Social Security and Other The workers contribution to Pay the OFATMA contribution Last payment was 35 Benefits OFATMA for maternity and on time. made in July for the health insurance is not month of May 2024. completed on a monthly basis. Feb-24 Compensation Social Security and Other The workers’ contribution to Pay the ONA contribution on Last payment was 35 Benefits ONA for maternity and health time. issued on June 18, 2024 insurance is not completed on a for the month of May monthly basis. 2024. Feb-24 Compensation Social Security and Other The factory did not provide the Submit the required document 14 Benefits monthly salary statements form to confirm that the amount paid sent to OFATMA and the is adequate. Submit the proof of authorization for installment payment for fiscal year 2023- payments for fiscal year 2022- 2024. 2023. Feb-24 Compensation Paid Leave The annual leave payment is not Ensure that annual leave is 35 calculated on worker's average calculated on the average daily daily earnings. earning. [page 196] Feb-24 Freedom of Freedom to Associate the factory fired 6 union Reinstate the six terminated The employed 4 Association and members on the list with no solid workers. Ensure to discuss an negotiated a Collective Bargaining ground for dismissal. agreement with the trade union memorandum with the on way to operate solid and union as a settlement respectful communication of the conflict. A new between both parties. Train trade union committee management on Freedom of of 12 members was association. introduced to the management on May 20. The terminated workers have not yet Assessment March 2023 Mar-23 Occupational Safety Welfare Facilities Provide free drinking water to Ensure that water test is The Factory shared and Health workers but does not conduct conducted monthly basis. with assessor the the water test monthly. water test for the Mar-23 Occupational Safety Working Environment The noise level in some areas of Take appropriate measures to LOT and Health the workspace exceeded 90 db. keep the noise level below 90db. Mar-23 Occupational Safety OSH Management Systems The factory does not record and Record and submit work related The factory sent and Health submit work-related accidents to accidents to OFATMA on a accident reports to OFATMA on a monthly basis. monthly basis. OFATMA on a monthly basis. Mar-23 Occupational Safety OSH Management Systems The factory does not have a Update and adjust hazard/risk and Health hazard/risk management and management and control control procedure that includes procedures. all the requirements. Mar-23 Occupational Safety OSH Management Systems The factory does not have a Develop an accident and Health written accident investigation investigation procedure which procedure that includes all the includes all the necessary requirements. elements. Mar-23 Occupational Safety OSH Management Systems The employer has failed to Ensure that all OSH issues are and Health investigate, monitor and investigated, monitored and measure OHS issues as required. measured accurately. Mar-23 Contracts and Human Employment Contracts The factory does not have a Update and adjust the Resources grievance handling and dispute grievance policies and resolution procedure that meets procedures. all the requirements. Mar-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. [page 197] Mar-23 Contracts and Human Employment Contracts The factory does not adequately Ensure that all the steps are in Resources communicate and implement HR place to allow the factory to policies and procedures. implement its HR policies. Mar-23 Working Time Leave The factory does not grant the Factory must provide all required annual leave to security workers with 15 days of paid guards. annual leave as required by law. Mar-23 Working Time Regular Hours Regular working hours did not Modify the internal work rules meet legal requirements. and ensure the regular working hours do not exceed 48 hours Mar-23 Occupational Safety Emergency Preparedness Obstructed aisles in several Keep routes unobstructed The factory cleared all and Health sections of the workspace. during working hours. aisles during working hours, including overtime. Mar-23 Occupational Safety Health Services and First Aid Insufficient number of workers Train at least 10 percent of the and Health trained in first aid. workforce in first aid. Mar-23 Occupational Safety Health Services and First Aid First aid boxes were not Ensure that first aid boxes are All first aid boxes are and Health accessible in the sewing floor of accessible in all building. accessible on the floor one building. of building 53. Mar-23 Occupational Safety Health Services and First Aid Insufficient medical personnel. Hire additional nurses to and Health comply with the labor code. Mar-23 Occupational Safety Health Services and First Aid Incomplete annual medical Proactively work with. OFATMA and Health checks provide to workers. to distribute the health cards and conduct the medical checks as required. Mar-23 Occupational Safety Health Services and First Aid Incomplete medical checks Proactively work with OFATMA and Health provided twice a year to workers to distribute the health cards exposed to work-related hazards. and conduct the medical checks as required. Mar-23 Occupational Safety Health Services and First Aid Incomplete medical checks Proactively work with OFATMA and Health provided within the first three to distribute the health cards months of hiring to workers. and conduct the medical checks as required. Mar-23 Occupational Safety Working Environment light levels were inappropriate in Ensure the lighting is adequate and Health some working sections. and adapted to worker's needs. Mar-23 Occupational Safety Working Environment Workplace temperatures levels Monitor the temperature level and Health are unacceptable. and maintain it under 30 C inside the workplace. [page 198] Mar-23 Occupational Safety Worker Protection Improper maintenance of Ensure that all electrical panels The factory added the and Health electrical system of the factory. have a hazard sign and circuit missing hazard sign breakers are properly labelled. and correctly labeled all circuit breakers. Mar-23 Occupational Safety Worker Protection The factory did not provide Provide proper PPE to all and Health appropriate PPE to all workers. workers doing heavy lifting Mar-23 Occupational Safety Chemicals and Hazardous MSDSs are not available in local Déterre MSDS in the local and Health Substances language for all chemicals used language and post them where in the workplace. chemical products are used. Mar-23 Occupational Safety Chemicals and Hazardous Chemical and hazardous Label all chemicals and The factory has labeled and Health Substances substances are not properly hazardous substances used in all chemicals and labelled. the workplace. hazardous substances used in the workplace. Mar-23 Occupational Safety Chemicals and Hazardous Inventory of chemicals and Update inventory of chemicals and Health Substances hazardous substances is not and hazardous substances in updated. the workplace. Mar-23 Contracts and Human Termination The calculation of the annual Pay workers their annual salary The June 13 decree Resources salary supplement or bonus supplement upon termination suspends the 3*8 law. upon termination does not and include the lunch break Itis no longer required include the lunch break payment. payment in the calculation. to pay the lunch break. Mar-23 Contracts and Human Termination The calculation for unused paid Pay the unused paid annual The June 13 decree Resources annual leave upon termination leave upon termination and suspends the 3*8 law. does not include the lunch break include the lunch break Itis no longer required payment. payment in the calculation to pay the lunch break. Mar-23 Contracts and Human Termination The calculation of the payment Pay the applicable notice period The June 13 decree Resources for the applicable notice period and include the lunch break suspends the 3*8 law. does not include the lunch break payment in the calculation Itis no longer required payment. to pay the lunch break. Mar-23 Contracts and Human Employment Contracts The internal rules do not comply Revised the internal rules to Resources with the Labor Code. include entry and exit hours, pay locations and times of payment. Mar-23 Contracts and Human Employment Contracts Foreign worker's contract does Review the foreign workers Resources not include the employer's contract to include all the information as well as the missing information. [page 199] Mar-23 Compensation Social Security and Other The factory did not send workers Send workers pay slip to Benefits pay slip to OFATMA for sick leave OFATMA for sick leave and and maternity leave payment. maternity leave payment. Mar-23 Compensation Social Security and Other The calculation of workers" Calculate ONA contributions on The June 13 decree Benefits contribution for ONA payment is the basic salary, and forward it : suspends the 3*8 law. inaccurate and payments are on time. Itis no longer required made late consistently. to pay the lunch break. Mar-23 Compensation Social Security and Other The calculation of employer's Calculate ONA contributions on The June 13 decree Benefits contribution for ONA payment is the basic salary, and forward it suspends the 3*8 law. inaccurate and payments are on time. Itis no longer required made late consistently. to pay the lunch break. Mar-23 Compensation Social Security and Other The calculation of workers" Calculate OFATMA contributions The June 13 decree Benefits contribution for OFATMA on the basic salary, and forward suspends the 3*8 law. payment is inaccurate and it on time. Itis no longer required payments are made late to pay the lunch break. rancictantly Mar-23 Compensation Social Security and Other The calculation of employer's Calculate OFATMA contributions The June 13 decree Benefits contribution for OFATMA on the basic salary, and forward suspends the 3*8 law. payment is inaccurate and it on time. Itis no longer required payments are made late to pay the lunch break. Mar-23 Compensation Social Security and Other Inaccurate payment for annual Pay annual leave based on The June 13 decree Benefits salary supplement. average earnings. suspends the 3*8 law. Itis no longer required to pay the lunch break. Mar-23 Compensation Social Security and Other Inaccurate payment to OFATMA Complete the payment for Benefits for work-related accident OFATMA work related accident insurance. for the fiscal year 2022-2023. Mar-23 Compensation Paid Leave The lunch break is not The June 13 decree suspends The June 13 decree compensated in the payroll. the 3*8 law, so Better Work is suspends the 3*8 law. not finding non-compliance for It is no longer required non-payment of the lunch to pay the lunch break. break. Mar-23 Compensation Paid Leave Inaccurate payment for Calculate the maternity leave The June 13 decree maternity leave. payment on worker's average suspends the 3*8 law. daily earnings. Itis no longer required to pay the lunch break. [page 200] 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. Itis no longer required to pay the lunch break. Mar-23 Compensation Paid Leave Inaccurate annual leave Pay annual leave based on The June 13 decree payment. average earnings. suspends the 3*8 law. Itis no longer required to pay the lunch break. Mar-23 Compensation Overtime Wages Inaccurate payment of overtime. Pay Overtime correctly as required by law. [page 201] BETTER WORK HAITI - 27TH SYNTHESIS REPORT . Factory: MD Industries Location: Ouanaminthe Number of workers: 3,653 Date of registration: Jan-20 Date of last two Better Jun-23 May-24 Work assessments: Advisory and Training Services 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 services 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. 8-Dec-23 Industry Seminar Virtual Awareness on Convention 190 & Recommendation 206 22-Nov-23 Advisory services Meeting to review the improvement plan and follow up on chemical inventory. OSH tour in 4 Buildings with a focus on emergency preparedness. Meeting with the bipartite committee about the improvement made and support needed at the factory level. 25-Oct-23 Industry Seminar Bipartite Committee 13-Oct-23 Industry Seminar Virtual Leadership Skills 20-Sep-23 Industry Seminar Human Resources Management (HRM) 13-Sep-23 Industry Seminar ToT Problem Solving 12-Sep-23 Advisory services Conduct OSH tour with a focus on emergency preparedness in 3 buildings, Session on chemical inventory. Meeting with the compliance team to validate pending issues and support the factory to complete the first progress report. 11-Sep-23 Advisory services Conduct interview with OSH committee members to understand the root causes of Persistent OSH non compliance. Follow up on Union representation at the factory. OSH tour to provide guidance on the various points related to OSH which must be put in place before the building is operational. 8-Sep-23 Industry Seminar Negotiation Skills 31-Aug-23 Industry Seminar Industrial Relations 26-Jul-23 Advisory services Session on the first progress report. Meeting with the compliance team to review the action plan for Persistent non compliances and the improvements that have been made after the assessment3) OSH factory tour4) Meeting with 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 factory does not have an Develop an OSH policy in 24 Health adequate OSH policy that is consultation with workers and their signed by top management and representatives, that establish developed in consultation with measurable objectives and workers and their improvement targets. May-24 Occupational Safety and OSH Management Systems The factory does not have an Develop an accident investigation 24 Health accident investigation procedure. procedure that includes:- Root cause analysis- Focus on sustainable solutions- Implementation of changes in May-24 Occupational Safety and OSH Management Systems The employer does not Hold regular meeting with 24 Health investigates monitors and management to define and review measures OSH issues. OSH performance on measurable objectives and targets. May-24 Contracts and Human Employment Contracts The grievance procedure is not Review and update the policy, 24 Resources adequate. ensure it includes anonymity. [page 202] May-24 Contracts and Human Employment Contracts The factory's recruitment Develop a recruitment procedure 24 Resources procedure is not adequate. that includes: - Hiring criteria that are applied equally to all job applicants - Verifying the age of workers prior to hiring - Ensuring compliance with legal May-24 Contracts and Human Employment Contracts Assessors did not find any Develop HR system performance 24 Resources evidence that the employer indicator procedure. investigates violations of HR policies and procedures. May-24 Contracts and Human Employment Contracts The communication on HR - Provide induction training for 24 Resources policies and procedures does not workers and staff include allthe 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 2 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 provided the letter Request authorization to work 2 submitted to the Department of overtime. Ensure that the factory Labor to request the received the approval notice from authorization to work overtime. MAST before working overtime. However, the factory had not received the approval notice from the Department of Labor. May-24 Working Time Overtime Workers in some department Have a time recording system, 2 work more than 80 hours of which indicates the accumulated overtime during a trimester. overtime per week, per month and per vear. May-24 Working Time Overtime The factory provided the letter Request prior authorization from 2 submitted to the Department of MAST to work on Sundays. Labor to request the authorization to work on Sundays. However, the factory had not received the approval notice from the Department of May-24 Working Time Overtime The factory did not obtain prior Request prior authorization from 2 authorization from MAST to MAST to perform overtime. perform overtime. According to the law, only MAST can determine the necessity and approval for May-24 Working Time Regular Hours The factory provided the letter Request prior authorization before 2 submitted to the Department of working at night. Labor to request the authorization to work at night. However, the factory had not received the approval notice from [page 203] May-24 Working Time Regular Hours Some workers did not punch in Have a single and accurate 39 and out. However, they had time attendance system for all workers. for normal hours in their payroll record. May-24 Working Time Regular Hours The regular daily or weekly hours Discuss legal requirements with 2 exceed the legal limit and the General Manager therefore do not comply with the Ensure that the regular daily or labor code. weekly hours do not exceed the leqal limit of 8 hours per day. May-24 Occupational Safety and Emergency Preparedness The employer has trained less Train at least 10% of the workforce 2 Health than 10% of the workforce in the in the use of fire-fighting use of fire-fighting equipment. equipment. May-24 Occupational Safety and Emergency Preparedness The employer did not conduct an Conduct at least 2 emergency drill 39 Health emergency drill every six months … per calendar year. in all buildings. May-24 Occupational Safety and Emergency Preparedness Several escape routes were Discuss with the engineering 39 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 39 Health missing fire extinguishers in fire fighting equipment is blocked. several areas ofthe workplace. Specify who conduct daily weekly checks and include this in the system of daily-weekly checks. May-24 Occupational Safety and Emergency Preparedness Alarm in 1 building was not Have a fire detection and alarm 2 Health working properly. Additionally the system suitable for the factory upstairs and downstairs alarm conditions. Specify who is in charge systems are not connected of regularly checking its together. functioning and include this in the system of daily-weekly checks. May-24 Occupational Safety and Health Services and First Aid Less than 10% of the workforce Train at least 10% of the workforce 39 Health has been trained in first aid. in first aid. May-24 Occupational Safety and Health Services and First Aid The keys were not available on Add an additional first aid box and 2 Health the floor to opened two first aid equip all first aid boxes. Make sure boxes. In addition, one building is _ that keys are always available to missing a first aid box downstairs open the boxes in case of an and the first aid box upstairs was emergency. missing 2 items. May-24 Occupational Safety and Health Services and First Aid The factory does not have an - Set up a clinic, in addition make a 39 Health onsite medical facilities and staff contract with a health care unit in as required by art. 478 and 479 of the surroundings the labor code. - Hire the required medical staff May-24 Occupational Safety and Welfare Facilities Insufficient number of toilets. Increase the number of toilets 39 Health based on the current workforce as required by law. [page 204] May-24 Occupational Safety and Working Environment Lux level is insufficient in the Increase the lux level with 39 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-24 Occupational Safety and Working Environment Temperature level exceed 30 Cin Increase the ventilation with 39 Health the workplace. additional fans. Specifÿ 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 Provide chemical mask to workers 39 Health proper PPE to all workers. in the spot cleaning areas. May-24 Occupational Safety and Worker Protection During the factory, assessors Provide chair with back rest. The chairs without backrest 2 Health found 22 chairs found without have been removed. back rest. May-24 Occupational Safety and Worker Protection During the factory tour, the Label all circuit breakers and add 2 Health assessors noticed that the circuit this aspect in the weekly checks. breaker were not properly labelled in the electrical panels. May-24 Occupational Safety and Worker Protection During the factory tour, assessors Develop a monitoring system and 39 Health observed that, 15% of all install all the missing guards. machines missing pulley guards Add this aspect in the daily weekly and 90% of single needle checks machines are missing finger May-24 Occupational Safety and Worker Protection The factory did not provide Provide safety belts to employees 39 Health protective belts to employees doing heavy lifting. doing heavy lifting. May-24 Occupational Safety and Chemicals and Hazardous Eye wash stations are not Provide eye wash bottles and 39 Health Substances available in all areas where specify who will conduct regular chemical products are used. checks of the functioning of the eyewash. May-24 Occupational Safety and Chemicals and Hazardous The spot cleaning area does not Improve isolation from the 39 Health Substances have the proper conditions to chemical such as separate room for prevent unnecessary exposure of spot cleaning. Then, assign workers to chemicals as itis not responsibility for regular check an isolated area. including wearing of PPES. May-24 Occupational Safety and Chermicals and Hazardous MSDS is not available for all Keep chemical MSDS for all 39 Health Substances chemical product used in the hazardous chemicals used in the workplace. workplace. May-24 Occupational Safety and Chemicals and Hazardous Unlabeled containers of Define who control the chemical 39 Health Substances chemicals products are found in container on receipt from supplier the workplace. and control the label. [page 205] May-24 Occupational Safety and Chemicals and Hazardous The inventory of chemical and 1. Assign responsible persons for 39 Health Substances hazardous products is updating inventories of hazardous incomplete. 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 checkina May-24 Occupational Safety and OSH Management Systems The factory has not effectively - Post policies and work 24 Health communicates and implements instructions in all buildings. OSH policies and procedures. - Post names of OSH committee members in all buildings. May-24 Occupational Safety and OSH Management Systems During the assessment visit Provide a structural safety 24 Health management did not provide a certificate for building 5. structural safety certificate for one building. May-24 Contracts and Human Termination The employer compensate the Include the payment for the weekly 2 Resources workers for their annual salary rest day in the calculation of supplement or bonus upon average earnings for bonus upon termination. However, the termination. calculation is not accurate because it does not include the pavment for the weeklv rest dav. May-24 Contracts and Human Termination The employer compensate the Include the payment for the weekly 2 Resources workers for unused annual paid rest day in the calculation of leave upon termination, However, average earnings for unused the calculation is not accurate annual leave upon termination. because it does not include the payment for the weekly rest day. May-24 Contracts and Human Termination The employer provides workers Include the payment for the weekly 2 Resources with proper notice upon rest day in the calculation of termination. However, the average earnings for notice period calculation is not accurate upon termination. because it does not include the payment for the weekly rest day. May-24 Contracts and Human Employment Contracts The factory has an internal work Modify the internal work rules and 24 Resources rules approved by the Ministry, specify the days of work, the hours which specifies the hours of work and location for the payment of the but not the days. Additionally it workers salary, does not specify the hours and location for the payment of the worker's salary. May-24 Contracts and Human Employment Contracts The apprentice contracts were Review and update the apprentice 24 Resources not approved by the Ministry of contract as required by law. Labor (MAST), as legally required. Request approval from MAST. May-24 Compensation Social Security and Other The factory did not send workers Send workers pay slip for the last 3 39 Benefits pay slip for the last 3 months to months to OFATMA for sick leave OFATMA for sick leave and and maternity leave payment. maternity leave payment. May-24 Compensation Social Security and Other The factory does not collect and Collect and forward workers" 39 Benefits forward workers’ contributions to contributions to OFATMA. OFATMA. [page 206] May-24 Compensation Social Security and Other ONA deductions are based on the Include the weekly rest day 39 Benefits minimum salary because money payment in the calculation of the for production incentive and basic salary. Then forward production performance are not employer contribution to ONA on included in the calculation. time. May-24 Compensation Social Security and Other The Factory is affiliated with Calculate the employer's 39 Benefits OFATMA for maternity and health contribution to OFATMA on the insurance. However, the basic salary and forward the calculation for the payment is contribution monthly. based on the minimum salary. May-24 Compensation Social Security and Other ONA deductions are based on the Include the weekly rest day 39 Benefits minimum salary because money payment in the calculation of the for production incentive and basic salary. Forward ONA production performance are not contribution on time. included in the calculation. May-24 Compensation Paid Leave The employer pays the workers Include the weekly rest day 2 for the legally mandated holidays. payment in the calculation of However the payment is made on _ average earnings for the legally the minimum salary instead of mandated holidays. the average daily earnings. May-24 Compensation Paid Leave The employer does not pay Compensate workers for the 2 workers for the weekly rest day. weekly rest day after 48 hours or 6 days of work per week. May-24 Compensation Paid Leave The maternity leave payment is Include weeklÿ rest day payment in 39 not accurate. the calculation of the average daily earning for maternity leave payment. Ensure that workers receive 12 week of payment as May-24 Compensation Paid Leave Sick leaves payment is not Included weekly rest day payment 39 accurate. in the calculation of the average daily earnings for sick leaves May-24 Compensation Wage Information, Use and The time records between the RTE accurate attendance 39 Deduction payroll and attendance record system for all workers. did not match. May-24 Compensation Premium Pay The factory did not pay workers Pay workers on fix salary 50% 2 on fix salary 50% above the above the normal wage when they normal wage when they worked_ worked on Saturdays. on Saturdays. May-24 Compensation Overtime Wages Assessors noticed that overtime Pay overtime work performed 2 work hours performed beyond 6 beyond 6 PM 100 percent above PM for day shift were paid 50 normal wage. percent above normal wage instead of 100 percent. May-24 Compensation Overtime Wages The employer did not pay all Register and pay all workers with 2 workers with 50% percent above 50% percent above the normal rate the normal rate for overtime for overtime worked on weekly rest worked on weekly rest day. day. [page 207] May-24 Freedom of Association Collective Bargaining Failure to implement several Implement all the provisions of the 24 and Collective Bargaining provisions of the CBA. collective agreement. Assessment June 2023 Jun-23 Occupational Safety and Chemicals and Hazardous The inventory of chemical and Assign a person, responsible for Health Substances hazardous products is updating inventories of hazardous incomplete. substances in the various locations where they are stored or used. Jun-23 Occupational Safety and Chermnicals and Hazardous Unlabeled containers of Define who controls the chemical Health Substances chemicals products found in the container upon receipt from workplace. supplier and control the labeling. Jun-23 Occupational Safety and Chernicals and Hazardous MSDS not available for all Keep chemical MSDS for all Health Substances chemical product used in the hazardous chemicals used in the workplace. workplace. Jun-23 Occupational Safety and Chemicals and Hazardous The spot cleaning area does not Improve isolation from the Health Substances have the proper conditions to chemical (e.g. separate room for prevent unnecessary exposure of spot cleaning). workers to chemical products. Jun-23 Occupational Safety and Chemicals and Hazardous Eye wash stations are not Install eye wash facilities were Weekly checklist and Health Substances available in all areas where chemicals are used. portable wash bottle in all chemical products are 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 and Collective Bargaining provisions of the CBA. for work related Accidents, maternity and health insurance. Provide chairs with back rest to all workers and allocate chair for standing workers. Jun-23 Occupational Safety and Emergency Preparedness Undercharged, obstructed and Install adequate firefighting Health missing fire extinguishers in equipment in the workplace. several 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 Conduct at least 2 emergency drill Health fire drills every six months in all per calendar year. Insert the drills buildings. in the OSH annual training plan. Jun-23 Occupational Safety and Emergency Preparedness Sources of ignition are not Ensure that sources ofignition are Sign are posted in all the Health properly safeguarded. properly protected. area at the factory prohibiting the connection of lamps, electronic equipment, and cellphones. Jun-23 Contract and Human Employment Contracts The apprentice contracts were Send the apprentice contracts to Resources not approved by the Ministry of the Ministry of Labor (MAST) for Labor (MAST), as legally required. approval. Jun-23 Contract and Human Employment Contracts The factory does not have Review the internal work rules. The factory is waiting the Resources internal work rules approved by Send the document to MAST for response of MAST. the Ministry of Labor. approval. Ensure that all the pages are stamped. [page 208] Jun-23 Contract and Human Employment Contracts The communication on HR Conduct Induction training for Resources policies and procedures does not workers. include Induction all the Provide Staff training on how to necessary steps. carry out policies and procedures. Jun-23 Contract and Human Employment Contracts Human Resource management Develop a procedure on HR Resources system document were not performance indicators. available at the time of the Have in place a monitoring assessment visit. systems. Jun-23 Contract and Human Employment Contracts The factory recruitment Develop a recruitment procedure, Resources procedure is not adequate. that includes all the necessary elements. Jun-23 Contract and Human Employment Contracts The grievance procedure is not include in the procedure Resources adequate. communication of changes made and resolution. Jun-23 Occupational Safety and Health Services and First Aid The factory does not have onsite Set up a clinic approved by the Health medical facilities and staff as Authorities or Hire the required required by art. 478 and 4790f medical staff. the labor code. Jun-23 Occupational Safety and Health Services and First Aid The total number of workers Provide additional training on first Health trained in first aid is less 10 aid to workers. percent of the workforce. Jun-23 Occupational Safety and OSH Management Systems Structural safety certificates are Request a structural safety Health not available for all the buildings. certificate from the city council certifying the structure of the buildings meets the safety requirements for an industrial Jun-23 Occupational Safety and OSH Management Systems The factory does not effectively Display OSH policies and work Health communicates and implements instructions in the workplace. Post OSH policies. of evacuation plans in all buildings: Jun-23 Occupational Safety and OSH Management Systems The employer does not Investigates monitors and Health investigates monitors and measures OSH issues through: measures OSH issues. Regular test, survey and Jun-23 Occupational Safety and OSH Management Systems The factory does not have an Develop an accident investigation The factory has developed Health accident investigation procedure. procedure that includes: and implemented an Implementation of changes in accident investigation order to avoid reoccurrence. procedure that includes, Root cause analysis, Focus on sustainable solutions. Jun-23 Occupational Safety and OSH Management Systems The factory does not have an Develop the policy in consultation Health adequate OSH policy that is with workers and their signed by top management and representatives which include developed in consultation with measurable objectives and workers and their improvement targets. representatives. Jun-23 Compensation Paid Leave The annual leave payment is not Ensure that annual leave payment The factory made some calculated based on worker's is calculated on average earnings. changes and annual leave average daily earnings. payment is calculated based on worker's average daily earnings. [page 209] Jun-23 Compensation Paid Leave Sick leave is not compensated Register the workers to OFATMA based 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 maternity and health insurance. are entitled to 12 weeks of Send workers’ pay slip to OFATMA payment. for maternity leave payment. Jun-23 Working Time Regular Hours The factory's working hours for Postthe factory's working hours The working hour is all shifts, are not posted in allthe for all shifts including break time. included in the compliance buildings. weekly 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 Benefits minimum salary. 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. Jun-23 Compensation Social Security and Other The factory is not register for Discuss legal requirements with Benefits OFATMA maternity and health the General Manager. insurance. Register with OFATMA for maternity and health insurance. Jun-23 Compensation Social Security and Other Employer's contributions to ONA Calculate ONA deduction on Benefits are based on minimum salary. 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. Jun-23 Compensation Social Security and Other The factory is not register for Register with OFATMA for Benefits OFATMA maternity and health maternity and Health insurance. insurance. Jun-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. Jun-23 Compensation Wage Information, Use and The time records between the Have an accurate and detailed Deduction payroll and attendance record payroll system. did not match. 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 Provide an eating Area that can Health own eating area, instead workers accommodate all the workers. use the communal eating areas shared with other factories within CODEVI (industrial park). Jun-23 Occupational Safety and Worker Protection The employer has not provided Provide employees with all Health proper PPE to all workers. necessary personal protective clothing and equipment according to PPE regulation. [page 210] Jun-23 Occupational Safety and Worker Protection 25 percent ofthe single-needle Install the finger guards on single- … The factory has developed a Health machines in one building were needle machines. Weekly inventory by area. missing their finger guards. Jun-23 Occupational Safety and Worker Protection The emergency light is not Develop a preventive maintenance Health working in one of the forklifts. plan. Add this aspect in the daily and weekly check. Jun-23 Occupational Safety and Worker Protection Industrial platform ladder Develop a preventive maintenance Health missing one side rail of at least plan. Add this aspect in the daily 0.90m as recommended bythe and weekly check. Jun-23 Occupational Safety and Working Environment Lux level is insufficient in the Increase the lux level with 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. Jun-23 Occupational Safety and Working Environment Temperature level exceed 30 Cin Increase the ventilation with Health the workplace. additional fans. Specify who is in charge of regular maintenance of the fans and conduct regular measurement of temperature & compare with threshold value. Jun-23 Occupational Safety and Working Environment The waste area is not clean and Hire additional cleaners and Health tidy. Workers close to it improve the housekeeping of the complained about the smell. workplace [page 211] BETTER WORK HAITI - 27TH SYNTHESIS REPORT e Factory: MGA Haïti S.A. Location: Port-au-Prince Number of workers: 695 Date of registration: Oct-09 Date of last two Feb-23 Feb-24 Better Work Advisory and Traininq Services 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 recommend 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 incomina question in the new assessment based on the 3*8 law the government put on hold. 8-Dec-23 Industry Seminar Virtual Awareness on Convention 190 & Recommendation 206 28-Nov-23 Advisory services Meeting with bipartite committee to: Follow-up on factory actual situation. Follow-up on actual number of workers at the factory Last ONA payment and the final payment for OFATMA accident. 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. 16-Nov-23 Industry Seminar Virtual Grievance Policy on Violence and Harassment 27-Oct-23 Advisory services Meeting with management to: Discuss proof of progress on the Improvement plan. Follow-up on actual number of workers at the factory. Last ONA payment and the final payment for OFATMA accident. Added all corrective actions completed in the improvement plan. 13-Oct-23 Industry Seminar Virtual Leadership Skills 9-Oct-23 Advisory services Meeting with bipartite committee to: Introduce the coaching method. Follow-up on actual number of the factory, last ONA payment and the final payment for OFATMA accident. Review and update the new improvement plan. Review the management system questions Added all corrective actions completed in the improvement plan. [page 212] 17-Aug-23 Advisory services Meeting with management to: To discuss proof of progress on the Improvement plan. Follow-up on actual number of the factory, last ONA payment and the final payment for OFATMA accident. To Discuss the new decree that put the 3*8 law on pause. Follow-up on the factory situation Addad ail raeractinn actiane camnlatad in than imnentinmant nlan 28-Jul-23 Training Virtual Sexual Harassment Awareness and Prevention for Middle Management ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment February 2024 Feb-24 Occupational Safety and OSH Management The factory does not have an Develop an adequate hazard/ risk 28 Health Systems adequate hazard/risk management management and control and control procedures. procedure that includes all the necessary elements. Feb-24 Occupational Safety and OSH Management The factory does not have an Develop an adequate accident 28 Health Systems adequate accident investigation investigation procedure. procedure. Feb-24 Occupational Safety and OSH Management Management did not show Develop a system to investigate 28 Health Systems 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 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. [page 213] 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 prior to work working at night. 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 Emergency Preparedness Several aisles were blocked by Keep the aisles unobstructed 28 Health fabric tables in building 17. during working hours. Feb-24 Occupational Safety and Health Services and First Some products in a first aid box in Identify all items in the first aid 53 Health Aid building 10 were not identified . boxes. Feb-24 Occupational Safety and Health Services and First Insufficient number of nurses. Hire one additional nurse. 73 Health Aid Feb-24 Occupational Safety and Health Services and First The workers exposed to work Provide free health check twice a 65 Health Aid 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 Welfare Facilities Insufficient number of functioning Have the adequate numbers of 73 Health toilets for women and men. toilets for women and men. Feb-24 Occupational Safety and Worker Protection Improper maintenance of electrical Ensure that electrical panel The panel were closed during 56 Health 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 Worker Protection Several machines were missing eye Ensure that all the sewing 73 Health guards, and pulley guards. machines have their necessary guards. Feb-24 Occupational Safety and Worker Protection The employer did not provide Provide the necessary personal Management provided the 28 Health 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 Chemicals and Hazardous Eye wash station is not available in Install an eye wash station where 28 Health Substances all areas where chemical and chemicals are used and stored. hazardous products are used and stored. [page 214] Feb-24 Occupational Safety and OSH Management The employer has not performed an Perform an OSH assessment on a OSH assessment is performed 28 Health Systems assessment of occupational safety regular basis. regularly. and health risks in the factory on a regular basis. Feb-24 Occupational Safety and OSH Management Management didn't provide any Provide the structural safety 28 Health Systems structural safety certificate, certificate. certifying the structure of the buildings meets the safety requirements for an industrial structure. Feb-24 Occupational Safety and OSH Management The factory does not send work Submit the accident report to Management submitted the 5 Health Systems 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 on the 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. emplovee'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. 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 monthly basis within the first 10 for the month of May 2024. basis. 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. [page 215] 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 Boiler room workers were paid Ensure that the payroll include all 5 and 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 Chemicals and Hazardous Inventory of chemicals and Ensure that documentation is The factory shares the Health Substances hazardous substances was not available during the evaluation inventory with the assessor available at the time of the period. during the advisory visit. assessment visit. Feb-23 Occupational Safety and Chemicals and Hazardous Chemical and hazardous Label all chemicals and Health Substances substances are not properly hazardous substances used in the labelled. workplace Feb-23 Occupational Safety and Chemicals and Hazardous MSDSs are not available in local Translate MSDS in the local Building 11 is no longer used as Health 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 Chemicals and Hazardous The factory does not have The factory needs to have an Health Substances appropriate spot cleaning area. isolated area for the spot cleanina. Feb-23 Occupational Safety and Chemicals and Hazardous Eye wash station is not operational The factory needs to install The factory has fixed the eye Health 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. [page 216] Feb-23 Occupational Safety and Emergency Preparedness Fire extinguishers were not Provide adequate firefighting The factory has fixed the fire Health 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 Emergency Preparedness Obstructed aisles in several areas. Keep all aisles free from Health obstructions. Feb-23 Occupational Safety and Emergency Preparedness Source of ignition not properly Ensure that all source ofignition The factory removed the source Health 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 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. Feb-23 Occupational Safety and Health Services and First Newly hired workers do not Proactively work with OFATMA to Health Aid 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 Services and First Factory did not provide medical Medical check up has to be done Health Aid checks twice a year, for workers twice for all the workers exposed exposed to work-using chemical chemical and hazardous products. and hazardous products. Feb-23 Occupational Safety and Health Services and First Factory did not provide annual Proactively work with OFATMA to Health Aid medical checks to workers distribute the health cards and conduct the medical checks as required Feb-23 Occupational Safety and Health Services and First Insufficient number of medical Hire additional nurses to comply Health Aid personnel. with the labor code. [page 217] Feb-23 Occupational Safety and Health Services and First First aid boxes were not readily The factory needs to designate a Health Aid 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 OSH Management The structural safety certificate was Request a structural safety Health Systems not available. certificate from the city hall. Feb-23 Occupational Safety and OSH Management The employer has failed to Ensure that all OSH issues are Health Systems investigate, monitor and measure investigated, monitored and OHS issues as required. measured accurately. Feb-23 Occupational Safety and OSH Management The factory does not have a written Update the accident investigation Health Systems 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 OSH Management The factory does not have a Update the hazard/risk Health Systems hazard/risk management and management and control control procedure that includes all procedure and include a risk the requirements. register that drives the imnlementation of controls Feb-23 Occupational Safety and OSH Management The factory did not provide any Conduct and keep records of the Health Systems 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. 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. [page 218] 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 leaallv mandated holidavs. 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. 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. [page 219] 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 Welfare Facilities Insufficient number of Toilets. Increase the number of toilets for Health men and women. Feb-23 Occupational Safety and Welfare Facilities Soap was not available in men's and Ensure that soap is available in Health women's toilets. men toilets during working hours including overtime. Feb-23 Occupational Safety and Worker Protection The factory did not provide Provide proper PPE to all workers, Health appropriate PPE to all workers. including weight lifting belts Gloves, boots and apron Feb-23 Occupational Safety and Worker Protection Sewing machines were missing Install the proper safety guards Health pulley guards. on all machines. Feb-23 Occupational Safety and Worker Protection Improper maintenance of electrical Improve the electrical Health system of the factory. maintenance and Create a maintenance log [page 220] Feb-23 Occupational Safety and Worker Protection Assessors observed that standing Provide standing mats or foot Factory provided shock Health 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 Working Environment Workplace temperatures levels are Monitor the temperature level Health unacceptable. and maintain it under 30 C inside the workplace. Feb-23 Occupational Safety and Working Environment light levels were inappropriate in Ensure the lighting is adequate Health some working sections. and adapted to worker's needs. Feb-23 Occupational Safety and Working Environment The aisles in the cutting section Ensure that aisles are clean and The factory keeps the aisles in Health were not clean and tidy. tidy in the cutting section. the cutting section clean and tidy by placing garbage bins in this section. [page 221] BETTER WORK HAITI - 27TH SYNTHESIS REPORT : Factory: Pacific Sports Haiti S.A Location: Port-au-Prince Number of workers: 780 Date of registration: Oct-09 Date of last two Aug-22 Aug-23 Better Work Advisory and Training Services 20-Jun-24 Advisory services Meeting with management to: Follow-up on factory actual situation. 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 services Meeting with management to: Follow-up on factory actual situation. 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 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. Advise the factory on the incoming question in the new assessment based on the 3*8 law the government put on hold. 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 12-Oct-23 Industry Seminar Virtual Leadership Skills 13-Oct-23 Industry Seminar Virtual Intercultural Communication 1-Sep-23 Advisory services Virtual OSH to verify improvement made after the last assessment. Meeting with workers' representative to follow up on termination of union leaders Meeting with management to discuss a retrenchment plan. 8-Aug-23 Advisory services Meeting with union leaders and Management to Follow up on potential termination of Pregnant and breastfeeding workers. 5-Jul-23 Advisory services Meeting to follow up on the temporary suspension and general update. Discuss notification sent to MAST related to several work stoppage at the factory. Review OSH objectives and target. Discuss the training plan. Discuss HR performance indicator and grievance mechanism. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS [page 222] Assessment August 2023 Aug-23 Contracts and Human Employment Contracts The grievance handling and dispute Update and adjust grievance 11 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 11 Resources disciplinary and termination and termination procedures. procedures, that includes all the <tans Aug-23 Contracts and Human Employment Contracts The factory does not fully investigates Ensure that all parameters are 11 Resources performance of HR. reviewed during the HR review. Aug-23 Occupational Safety and Emergency Preparedness Improper maintenance of fire Provide adequate firefighting 11 Health extinguishers. equipment and ensure regular maintenance is done. Aug-23 Occupational Safety and Chemicals and Hazardous Chemical and hazardous substances Label all chemicals and 11 Health Substances are not properly labelled. hazardous substances used in the workplace. Aug-23 Occupational Safety and Working Environment Light levels were inappropriate in Ensure the lighting is adequate 68 Health some working sections. and adapted to worker's needs. Aug-23 Occupational Safety and Working Environment Workplace temperatures levels are Monitor the temperature level 142 Health unacceptable. and 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 22 Health appropriate PPE to all workers. is needed for all workers. Aug-23 Occupational Safety and Chemicals and Hazardous Inventory of chemicals and hazardous Update inventory of chemicals 33 Health Substances substances is not updated. and hazardous substances in the workplace. Aug-23 Contracts and Human Employment Contracts The contract for administrative staff Update the contract of all 11 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 85 Benerfits OFATMA for maternity and health maternity and health insurance insurance. and forward workers" Aug-23 Compensation Social Security and Other The employer pays 3 percent of 11 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 installments. [page 223] Aug-23 Compensation Paid Leave Inaccurate payment for maternity Registered the factory with 11 leave. OFATMA for maternity and health insurance and workers will be entitle to 12 weeks of Assessment August 2022 Aug-22 Occupational Safety and OSH Management Systems The employer does not properly The factory's procedures lacks Health investigates monitors and measures Regular management review of OSH issues. effectiveness of management system. Aug-22 Working Time Regular Hours The regular working hours exceed the Revise the internal regulations legal limits. and make sure that the regular hours do not exceed 48 hours per week. Aug-22 Occupational Safety and Emergency Preparedness Evacuation maps do not reflect the Paint evacuation arrows and allthe factory floors are Health layout of the floor. Escape routes are yellow lines on the floor to show already repainted. not clearly marked. the exit pathway. Specify who conducts additional daily weekly checks (and include this in the system of daily weekly checks) Aug-22 Occupational Safety and Health Services and First Aid Insufficient number of medical staff. Hire additional medical staffto The factory hired an Health have at least 7 nurses for the additional nurse. current workforce. Aug-22 Occupational Safety and Health Services and First Aid Expired products found in the medical Factory was advised to discard Management took immediate Health clinic. the expired product. Factory action to remove the product needs to assigns somebody to check the inventory on a regular hacie Aug-22 Occupational Safety and Welfare Facilities The water provided to the workers is Conduct the water test on a Water test has been done on a Health not being tested on a monthly basis. monthly basis and update the monthly basis. evidence for OSH policy. the last 3 months has been shared. Aug-22 Occupational Safety and Working Environment The level of lighting in the workplace Increase the light level to reach New lights are installed Health is unacceptable. 300 lux in Pressing section, 500 where needed in each section. lux in Sewing, cutting, packing. 750 lux in trimming, Inspection section. Aug-22 Occupational Safety and Working Environment Improper maintenance of building Fix roof to avoid water leak. Health roof causes water filtration. Organize the stock room. Cardboard boxes were poorly stacked in the stock room of building 27. Aug-22 Occupational Safety and Working Environment Workplace temperature level exceed Increase the ventilation with Increased the ventilation with Health 30 Cin all buildings. additional fans. additional fans and adding more extractor in each building [page 224] Aug-22 Occupational Safety and Worker Protection Electrical wires are not properly Properly support the electrical Already fixed Evidence shared Health maintained. cable; Insulate the exposed electrical wires, Make sure that the door of the electrical panel is closed. Aug-22 Occupational Safety and Worker Protection Workers were observed climbing the Provide appropriate step ladder Health standing racks without stepladder or needed equipment for the and relevant protective equipment. workers. Provide training for the proper use of all equipment including PPE's . Keep training records. Aug-22 Occupational Safety and Worker Protection Fuel tanks are not properly identified. Identify fuel tank, add Management took corrective Health Pictogram and warning signs missing. pictograms pictogram and action during the assessment safety warnings. visit Aug-22 Occupational Safety and Worker Protection Standing workers were not provided Provide anti fatigue mats for all workers are provided with Health with shock absorbing mats. standing workers. Also provide anti fatigue mats. Evidence sufficient break during which has been shared workers can sit down. Aug-22 Occupational Safety and Chemicals and Hazardous The inventory of chemical products Assign a person responsible for The factory has made some Health Substances does not include the location where updating inventories of changes in the chemical products are stored. hazardous substances in the inventory. various locations where they are stored or used. Aug-22 Contracts and Human Termination The calculation of bonus upon Discuss legal requirements with The June 13 decree suspends Resources termination does not include the the General Manager. Pay the the 3*8 law. lunch break payment. lunch break and include it in the calculation of annual salary supplement or bonus upon termination. Aug-22 Contracts and Human Termination The calculation of unused paid annual Discuss legal requirements with The June 13 decree suspends Resources leave upon termination does not the General Manager. Pay the the 3*8 law. include the lunch break payment. lunch break and include it in the calculation for unused paid annual leave upon termination. AUg-22 Contracts and Human Termination The calculation of the payment for the Discuss legal requirements with The June 13 decree suspends Resources applicable notice period. does not the General Manager the 3*8 law. include the lunch break payment. Pay the lunch break and include it in the payment for the applicable notice period. [page 225] Aug-22 Contracts and Human Contracting Procedures The working contract of the security Review the contracts for the Resources guards does not specify the working security guard to make sure it is time including the shift schedule. in accordance with all legal requirements. Aug-22 Contracts and Human Employment Contract The factory's internal rules do not Review the documents to include Resources specify the category of employees all legal requirements andthe applicable wage for the administrative staff. Aug-22 Compensation Social Security and Other The calculation of bonus or annual Discuss legal requirements with The June 13 decree suspends Benerfits salary supplement does not include the General Manager the 3*8 law.. the lunch break payment. Pay the lunch break and include it in the calculation of sick leave, maternity leave and annual Aug-22 Compensation Social Security and Other The employer does not collect and Discuss legal requirements with The Process in underway to Benerfits forward workers contribution to the General Manager finalize with the registration OFATMA for maternity and health with OFATMA for maternity insurance. Register with OFATMA and health insurance Include the lunch break in worker' contribution to OFATMA Collect and forward workers" contribution within the first 10 business days of the next month Aug-22 Compensation Social Security and Other The calculation of the workers" and Discuss legal requirements with The June 13 decree suspends Benerfits employer's contribution to ONA does the General Manager the 3*8 law. not include the lunch break payment. Pay the lunch break and Forward worker contribution to ONA within the first 10 business days of the next month for the previous month. AUg-22 Compensation Paid Leave The factory did not pay annual leave, Discuss legal requirements with The June 13 decree suspends Sick leave, maternity leave and the the General Manager the 3*8 law. daily break correctly. Pay the lunch break Aug-22 Compensation Paid Leave The lunch breaks is not compensated Discuss legal requirements with The June 13 decree suspends in the payroll. the General Manager the 3*8 law. Pay the lunch break [page 226] Aug-22 Compensation Paid Leave The factory only paid 6 weeks of Register with OFATMA for The Process in underway to maternity leave when workers are maternity and health insurance. finalize with the registration entitled to 12 weeks of payment. with OFATMA for maternity and health insurance Aug-22 Compensation Paid Leave The calculation of sick leave payments Discuss legal requirements with The June 13 decree suspends does not include the lunch break the General Manager the 3*8 law. payment. Pay the lunch break and include it in the calculation of sick leave. Aug-22 Compensation Paid Leave The calculation of annual leave Discuss legal requirements with The June 13 decree suspends payment. Does not include the lunch the General the 3*8 law. break payment. Pay the lunch break and include it in the annual salary TC [page 227] BETTER WORK HAITI - 27TH SYNTHESIS REPORT ., Factory: Palm Apparel S.A. Location: Port-au-Prince Number of workers: 961 Date ofredgistration: Jan-11 Date of last two Mar-22 Mar-23 Better Work Notes: Due to civil unrest in the country, BWH was not able to assess the factory when its assessment was due in the first trimester of 2024. Additionally, the factory missed a lot of operating days since the beginning of 2024, because of lack of raw materials and civil unrest. Advisory and Traininq Services 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 Virtual OSH tour with a focus on emergency preparedness. Review of documents to provide recommendation on internal policies and procedures in place. 1-Dec-23 Advisory meeting Virtual meeting with the bipartite committee on improvement made and discuss the committee's responsibility. Virtual OSH tour with a focus on chemical management. Review pending issues on the improvement plan and conduct a training session on monitoring systems, OSH KPI and targets, OSH Gap analysis. 31-Aug-23 Advisory meeting Session with the compliance team on the first progress report. Presentation of a monitoring systems for training and daily attendance timesheet for employees. Provide guidance and recommendation for temporary suspension. Meeting with the bipartite committee on the self diagnosis process 21-Jul-23 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 March 2023 Mar-23 Child Labor Documentation and The factory's management did not Keep copies of either a birth Copies of either a birth 15 Protection of Young confirmed that all of its workers are certificate or a national photo ID certificate or a national photo Workers hired on the basis of a government _ in each worker's file. 1D 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. Mar-23 Compensation Paid Leave Workers are entitled to full Pay the lunch break The June 13 decree suspends 28 payment of sick leave. However, It the 3*8 law. The lunch break does not include the lunch break payment is no longer payment in the calculation of the required... average salary. [page 228] Mar-23 Compensation Paid Leave Workers are entitled to full Pay the lunch break. The June 13 decree suspends 28 payment of maternity leave. the 3*8 law. The lunch break However, It does not include the payment is no longer lunch break payment in the required... calculation of the average salary. Mar-23 Compensation Paid Leave Workers 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 Mar-23 Compensation Social Security and Atthe time ofthe assessment, the Keep records of the salary 72 Other Benefits factory's management did not statement sent to OFATMA. share the salary statement sent to Pay OFATMA work related OFATMA for work related accident accident insurance on time. for fiscal year 2022-2023. Mar-23 Compensation Social Security and The calculation of the average Pay the lunch break. The June 13 decree suspends 28 Other Benefits salary for the payment an annual the 3*8 law. The lunch break salary supplement or boni does not payment is no longer include the lunch break payment. required. Mar-23 Compensation Social Security and The factory collects and forward Calculate ONA on the basic salary 152 Other Benefits workers’ contribution to ONA. and Forward worker's However, ONA deduction are based contribution to ONA within the on the minimum salary and last first 10 business days of the next payment was made in June 2022. month for the previous month. Mar-23 Compensation Social Security and The factory submits the employer's Forward worker's and employer's 82 Other Benefits portion of worker's salary to contribution to OFATMA maternity OFATMA for maternity and health and health insurance within the insurance. However, OFATMA first 10 business days of the next contributions are based on the month for the previous month. minimiim calams Mar-23 Compensation Social Security and The factory submits employer's Calculate ONA on the Basic salary. 152 Other Benefits contributions to ONA. However, Then, forward employer's ONA contributions are based onthe contribution to ONA within the minimum salary first 10 business days of the next month for the previous month. Mar-23 Compensation Social Security and The factory collects and forward Forward worker's and employer's 82 Other Benefits workers’ contributions to OFATMA contribution to OFATMA maternity for maternity and health insurance. and health insurance within the However, OFATMA deductions are first 10 business days of the next based on the minimum salary. month for the previous month. Mar-23 Compensation Termination The employer provides the Pay the lunch break. The June 13 decree suspends 28 payment for the applicable notice the 3*8 law. The lunch break period. However, the calculation of payment is no longer the average earning does not required... include the lunch break payment. [page 229] Mar-23 Compensation Termination The employer compensates Pay the lunch break. The June 13 decree suspends 28 workers for unused paid annual the 3*8 law. The lunch break leave upon termination. However, payment is no longer the calculation of the average daily required. salary does not include the lunch hreak navment 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 payment is no longer calculation of the average daily required... salary does not include the lunch break navment Mar-23 Occupational Safety and OSH Management During the assessment visit, the Request a structural safety The factory had asked the 28 Health Systems factory did not share any structural inspection from a construction construction firm to provide safety certificate delivered by the firm or the city council. the necessary document. The city with the assessors. structural safety certificate is availahla Mar-23 Occupational Safety and Chemicals and Unlabeled containers of chemicals Define who control the chemical An internal verification was 28 Health Hazardous Substances found in the workspace. container on receipt from supplier carried out in all sections to and control the label. ensure that all containers had their labels. Mar-23 Occupational Safety and Chemicals and Management did not isolate the The factory needs to ensure that The spot cleaning is totally 28 Health Hazardous Substances use of chemical substances in the the use of chemicals are isolated isolated from the floor and spot cleaning section. from the floor. contains a ventilation system. Mar-23 Occupational Safety and Worker Protection The employer has not provided Provide employees with all The masks have been 50 Health proper PPE to all workers. necessary personal protective provided to workers. clothing and equipment according to PPE requlation. Mar-23 Occupational Safety and Worker Protection During the factory tour, assessors The factory needs to ensure that Every precaution has been 15 Health notice that the battery terminals in the batteries terminals are taken to ensure that the generator are not properly insulated. insulators are fitted over the Mar-23 Occupational Safety and Welfare Facilities Insufficient number of toilets. Increase the number of toilets to 80 Health comply with the law. Mar-23 Occupational Safety and Health Services and Health checks within the first three Pay the health cards. Coordinate 64 Health First Aid months of employment are notin with OFATMA to do the health line with the legal requirements. checks Mar-23 Occupational Safety and Health Services and Annual health checks are not in line Pay the health cards. Coordinate 64 Health First Aid with the legal requirements with OFATMA to do the health checks Mar-23 Occupational Safety and Health Services and Insufficient medical staff. Hire additional medical staff for 64 Health First Aid the current workforce. [page 230] Mar-23 Occupational Safety and Health Services and Document review reveals that the Train at least than 10% of the 15 Health First Aid factory has trained less than 10% of workforce in first-aid. the workforce in first-aid. Mar-23 Occupational Safety and Emergency Emergency exit and escape The factory needs to assign The floor has been repainted. Health Preparedness routes were obstructed. responsibilities to someone to Arrows to identify the ensure that the emergency exits evacuation routes are in place are unobstructed during work and there are no cracks on hours. The floor needs to be the floor. renainted Mar-23 Working Time Regular Hours The regular working hours are from Ensure that the regular hour do The June 13 decree suspends 28 7 AM to 4:00 PM (including 60 not exceed 48 h per week. the 3*8 law. The lunch break minutes of daily break), 6 days per is no longer part of the week, which is equivalent to 9 regular 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 15 reflect the actual time worked. recording system. Assessment March 2022 Mar-22 Occupational Safety and Emergency The factory did not conduct one fire Conduct at least 1 emergency drill The last fire drill was Health Preparedness drill every six month. every six months. Insert the drills conducted in August 2022 in the OSH annual training plan and the one before that in and Keep records of the drills. march 2022. Mar-22 Occupational Safety and Emergency Evacuation routes are not properly Paint yellow lines on the floor to Repairs have been made such Health Preparedness identified. show the exit pathway- Specify as arrows to identify the who conducts additional daily evacuation routes. The weekly checks. factory floor is marked, and the assembly point is indicated outside of the Mar-22 Occupational Safety and Health Services and Insufficient medical staff. Hire additional medical staff to Health First Aid have at least 6 nurses for the current workforce. Mar-22 Occupational Safety and Health Services and The annual health checks are not in Discuss the legal requirements Health First Aid line with the legal requirements. with the General Manager. Pay the health cards. Coordinate with OFATMA to do the annual health checks Mar-22 Occupational Safety and Health Services and Health checks within the first three Discuss the legal requirements Health First Aid months of employment are notin with the General Manager. Pay the line with the legal requirements. health cards. Coordinate with OFATMA to do the health checks Mar-22 Working Time Regular Hours The regular working hours exceed Revise the internal regulations the legal limit. and make sure that the regular hours do not exceed 48 hours per week. [page 231] Mar-22 Occupational Safety and Welfare Facilities Insufficient number of toilets. Increase the number of toilets to Health comply with the law. Mar-22 Occupational Safety and Worker Protection The factory does not check all Check workers' body temperature Health workers' body temperature upon and Keep a registry for all persons entry and re-entry. who present a temperature of 38C and above. Mar-22 Occupational Safety and Worker Protection The factory did not conduct any Provide training to workers on Health training for the prevention of COVID-19 COAVIN-1Q Mar-22 Occupational Safety and Worker Protection The employer has not provided Provide employees with all Health proper PPE to all workers. necessary personal protective clothing and equipment according to PPE requlation. Mar-22 Occupational Safety and Chemicals and Eye wash stations are not available Install eye wash station where Health Hazardous Substances in all areas where chemical chemicals are used in stored. Mar-22 Occupational Safety and Chemicals and The spot cleaning area is not Isolate the use of chemical away Health Hazardous Substances isolated from the workspace. from the work area. Use a separate, ventilated room for spot Mar-22 Occupational Safety and Chemicals and MSDS are not available for all Prepare and post MSDS where Health Hazardous Substances chemical and hazardous substances chemicals are used. used in the workplace. Mar-22 Occupational Safety and OSH Management The factory did not share any Request a structural safety Health Systems structural safety certificate certificate from the city. delivered by the city, with the Mar-22 Occupational Safety and OSH Management Work related accident were not Assign responsibility and submit The factory has assigned Health Systems recorded and submitted to OFATMA work related accident to OFATMA responsibilities and the on a monthly basis. monthly. reports are sent to OFATMA. Mar-22 Compensation Social Security and Payment to OFATMA for maternity Pay the lunch break and Forward Other Benefits and health insurance is not worker's and employer's accurate and made late. contribution to OFATMA maternity and health insurance within the first 10 business days of the next month for the previous month. Mar-22 Compensation Social Security and Contributions to ONA for Pay the lunch break and Forward Other Benefits retirement insurance are worker's and employer's inaccurate. contribution to ONA within the first 10 business days of the next month for the previous month. [page 232] Mar-22 Compensation Social Security and The factory did not send worker's Send workers' pay slip to OFATMA The maternity leave form, Other Benefits pay slip to OFATMA for sick leave on a regular basis for maternity once completed, is sent to and maternity leave payment. and sick leave. OFATMA along with a work certificate and the last 2 pay slips of the employee. Mar-22 Compensation Social Security and The calculation for annual salary Discuss legal requirements with Other Benefits supplement or bonus is inaccurate. the General Manager. Pay the lunch break and include it in the calculation of the average daily salary. Mar-22 Compensation Social Security and The factory's management did not Keep records of the salary Other Benefits share the salary statement sentto statement sent to OFATMA. OFATMA for work related accident Pay OFATMA work related insurance for the fiscal year 2021- accident insurance on time. Mar-22 Compensation Paid Leave The factory did not pay annual Discuss legal requirements with leave, Sick leave and maternity the General Manager. Pay the leave correctly. lunch break and include it in the calculation of the average daily calarv Mar-22 Compensation Paid Leave The lunch break is not Discuss legal requirements with compensated. the General Manager Pay the lunch break. Mar-22 Compensation Paid Leave Maternity leave payment is for 6 Discuss legal requirements with weeks instead of 12 weeks. the General Manager. Pay the lunch break. Send worker's pay slio to OFATMA on time. Mar-22 Compensation Paid Leave The payment for maternity leave is Discuss legal requirements with not accurate. the General Manager Include the lunch break payment in the average salary for maternity leave Mar-22 Compensation Paid Leave The calculation of the annual leave Discuss legal requirements with payment does not include the lunch the General Manager break payment. Pay the lunch break and include it in the calculation of annual leave [page 233] BETTER WORK HAITI - 27TH SYNTHESIS REPORT ., Factory: S&H Global 1-6 Location: Arrondissement du Trou du Nord Number of workers: 3,789 Date of registration: Jul-12 Date of last two Better May-24 May-24 Work assessments: Notes : The factory has experienced several temporary closures during this period. The factory has downsized in terms of the number of building as well as workers. Advisory and Training Services 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 19-Mar-24 Industry Seminar Virtual Workers" Rights & Responsibilities 15-Mar-24 Industry Seminar Virtual Workers' Rights & Responsibilities 1-Mar-24 Industry Seminar Virtual Preventing and Addressing Sexual Harassment for Middle Management 28-Feb-24 Advisory services Meeting with Management and compliance team to discuss factory updates and challenges. Management explained about the closure of Module 4 scheduled for March and the closure of an another module before the end of the year. EA discussed changes in the compliance team. Discussion were also about OSH issues and priorities. Factory reported about rumors of Sexual Harassment and actions taken. Factory requested Sexual Harassment prevention training for the expats. 28-Nov-23 Advisory services Review of the GVBH template. Compliance will review current Sexual Harassment policy to add missing elements as per the template submitted. Review of the 2 remaining's points in the Improvement plan. Updates on priorities. 27-Nov-23 Industry Seminar Workshop on PNCs & Management System 24-Nov-23 Industry Seminar Problem Solving 16-Nov-23 Industry Seminar Virtual Grievance Policy on Violence and Harassment 9-Oct-23 Advisory services Meeting with Management to discuss the factory's improvement. Factory to share the PR1. Factory has a new compliance team. Factory explain that they will be on suspension because of the border closure and lack of raw materials. Factory to share relevant documents. 15-Sep-23 Industry Seminar Advance Bipartite training 6-Sep-23 Industry Seminar Supervisory Skills 30-Aug-23 Industry Seminar Tot Basic Compensation and Benefits management system 26-Jul-23 Advisory services Meeting with management to review the improvement plan. Management to sent the evidence for the remediations. Management also discussed about concerns regarding decrease in the orders and future closure of another building. EA reminded management to discuss the issues with the union to avoid industrial conflict. 21-Jul-23 Industry Seminar Virtual Preventing and Addressing Sexual Harassment for Workers 21-Jul-23 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 Working Time Overtime Workers in some department work Ensure that workers don't work 2 more than 80 hours of overtime more than 80 hours of overtime during a trimester. during a trimester [page 234] May-24 Working Time Overtime The factory did not received a notice Ensure to receive the authorization Since The factory submitted a letter 2 of approval from the Department of before performing overtime. to the Department of Labor, Labor at the time prior to performing requesting the authorization for overtime. working on Saturday, we've received the approval by the department of labor as requested. May-24 Occupational Safety and Emergency The total number of workers trained Ensure that 10 percent of the 2 Health Preparedness in fire-fighting is less 10 percent of workforce is trained in fire-fighting the workforce. equipment by a certified trainer. May-24 Occupational Safety and Emergency The factory does not conduct fire Ensure to conduct one evacuation 2 Health Preparedness drills every 6 months, as drill every 6 months for all the recommended by Better Work. premises. May-24 Occupational Safety and Emergency Obstructed aisles in several areas of Ensure that the aisles remained Management removed the 72 Health Preparedness the factory. unobstructed during the working obstruction and informed the team hours. to let the aisles cleared from obstruction during working hours. May-24 Occupational Safety and Emergency Locked and unidentified exit doors. Ensure that exit doors are identified Compliance Officer visited the 12 Health Preparedness and remained open during working warehouse building and noticed hours. 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 long. 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 anni idantiBind ae ae avie May-24 Occupational Safety and Emergency Evacuation plans are inaccurate and Remark the evacuation routes in the Management remarked the 72 Health Preparedness evacuation routes are not properly chemical room. Update the evacuation routes in the chemical identified. evacuation plan in module 1, 2, and room. 4. and updated the evacuation plan in module 1, 2. The module 4 is now closed. May-24 Occupational Safety and Emergency Improper maintenance of fire Regularly update the inspection tag During the assessment visit, the 31 Health Preparedness extinguishers. as each inspection is completed. identified fire extinguisher were Ensure the equipment is properly replaced, recharged and properly maintained. label and management revoked all obstruction to their access. May-24 Occupational Safety and Emergency The factory's alarm system was non- Ensure that alarm system is working Management fixed the alarms 24 Health Preparedness functional in several sections of the properly in all buildings. where they were not properly factory. working. May-24 Occupational Safety and Worker Accommodation No fire extinguishers in the Ensure the fire extinguishers inthe The fire extinguishers were 12 Health dormitories and outdated evacuation dormitory are properly maintained. installed in all floors of the mane darmitaru [page 235] May-24 Occupational Safety and Worker Accommodation Exposed electrical wires on the 2nd Ensure that electrical equipment in The issue was fixed during the 12 Health and 3rd floors observed in the the dormitory are properly assessment visit. dormitorv. maintained. May-24 Occupational Safety and Health Services and First Less than 10 percent of the Ensure that first aid training are The Company makes sure that all 2 Health Aid workforce trained in first aid. performed by certified trainer. first aid trainings are performed by authorized professionals. May-24 Occupational Safety and Health Services and First Expired medicines and missing Ensure that the first aid boxes are The expired medicines were 2 Health Aid supplies in first aid boxes. regularly checked. replaced. 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 12 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 of Provide paper in the toilet. Paper is now provided in all our 12 Health module 1. toilets and the workers no longer complain about that. COs and FCOs have got the situation under May-24 Occupational Safety and Working Environment The temperature levels in all sections Ensure to maintain the temperature Allfactories temperature level is 25 Health exceeded Better Work's level under 30 degree. now at 30 degrees C. recommended maximum of 30°C. May-24 Occupational Safety and Worker Protection Improperly labeled circuit breakers Label all circuit breakers. Ensure that compliance team the equipment 2 Health and unmaintained electrical the electrical installation in the boiler that was blocking the access to the installations, with obstructed room remained free from electrical panel. AIl circuit breakers electrical boxes. obstruction. were also labelled May-24 Occupational Safety and Worker Protection The motor section in the boiler of Ensure that boiler equipment is Management team ensured that 12 Health module 1 & 2 is covered with metal properly maintained. motor cover was made in proper frame and clear plastic. material/ May-24 Occupational Safety and Worker Protection Proper PPE is not provided to all Provide the earplugs for the workers Management has provides the 93 Health workers. in the compressor room and the earplugs for the workers in the safety bell for the heavy lifting compressor room and the safety module 1 and warehouse. bell for the heavy lifting module 1 and warehouse. May-24 Occupational Safety and Chemicals and No eye wash stations in several areas Install an eye wash in the chemical An eye wash is installed next to the 99 Health Hazardous Substances where chemicals are used. floor and everywhere chemical chemical area and another one in Obstructed eye wash station in substances are used. the CI warehouse. May-24 Occupational Safety and Chemicals and MSDS are missing for several Have the chemical safety data sheets All chemicals haver their safety data 25 Health Hazardous Substances hazardous chemicals products. available for all the chemical sheets available to all users. substances used and stored in the workplace. Train the factory Znranlisnenefhense nchomienl May-24 Occupational Safety and Chemicals and The chemical storage in the back of Ensure that the storage area is 2 Health Hazardous Substances the cafeteria lacking proper equipped with safety data sheets protective equipment. and proper hazard signs. [page 236] May-24 Occupational Safety and Chemicals and Unlabeled containers of chemical Label and translate the label inthe All the chemical products were 59 Health Hazardous Substances products and several chemical local language. Train the factory labelled, Labels have been products with labels in a foreign compliance team in chemical translated to the locals language. language. management, May-24 Occupational Safety and Chemicals and Inaccurate inventory of chemical and Ensure that the inventory of The factory updated the inventory 25 Health Hazardous Substances hazardous products. chemicals is accurate and updated with the missing and specify the on a regular basis. location. May-24 Compensation Paid Leave Assessors found discrepancies in Pay the holiday based on the The Factory has solved the issue of 2 payrolls from February to April 2024, average of daily earnings. the payroll of holidays which were with holidays not paid at the average not paid on average daily salary to daily salary. all workers for all modules due to the repairing of the system. Assessment May 2023 May-23 Occupational Safety and OSH Management The factory did not submit accident Submit the accidents reports to Fixed, the accidents reports are 24 Health Systems reports to OFATMA on a monthly OFATMA on a monthly basis. being 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 The inventory of chemicals and Keep the inventory of chemical This issue has been fixed. Al 14 Health Hazardous Substances hazardous substances was not accurate and ensure it includes that chemicals are now included in the accurate and did not include all all chemicals used in the workplace. inventory. The compliance team will chemicals used in the workplace. maintain close communication with the chemical purchasing team so that new chemicals can be marked off the inventory list as soon as they enter the companv. May-23 Occupational Safety and Chemicals and Several chemicals and hazardous Ensure to identify and label all This issue has been resolved, all 48 Health Hazardous Substances substances without labelling chemical in 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. May-23 Occupational Safety and Chemicals and Several hazardous chemicals were Ensure that MSDS are available for This issue has been fixed, all MSDS 14 Health Hazardous Substances found without chemical safety data all chemicals used and stored inthe are now available for all chemicals sheets. workplace. used and stored in our workplace. Periodic inspection will be carried out for compliance to ensure this process. May-23 Occupational Safety and Chemicals and The spot cleaning area does not have Repair the vacuum machine that This issue has been fixed, all 1 Health Hazardous Substances the proper conditions to prevent were not functioning properly in the vacuum machines are now repaired unnecessary exposure of workersto spot cleaning. and in good usable condition. chemicals. [page 237] May-23 Occupational Safety and Chemicals and No eye wash facility in the stock area Install an eye washing facility inthe This issue has been fixed, an eye 88 Health Hazardous Substances of module 4 and pad paint area of stock area of module 4 and pad paint wash station has been installed for module 3. area of module 3 where chemicals all areas were chemical are using are used. the company. May-23 Occupational Safety and Worker Protection The factory did not provide all the Provide the following personal This issue has been resolved, all 82 Health necessary personal protective protective equipment : corresponding PPEs have been equipment to workers to perform -Earplugs for workers in the small issued to workers based what they their duties. compressor room module 6 and need to perform their job. some workers in pressing section Inspections will be carried out to module 3 and 4. replace old PPE with new ones - Safety shoes for workers in the when necessary. 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. May-23 Occupational Safety and Worker Protection One pipe with boil water was broken Ensure that proper maintenance is This problem is fixed, the broken 1 Health in the boiler between module 3 & 4 done on the boiler. pipe is removed and replaced with a new one. The maintenance department will periodically inspect and maintain the boiler equipment. May-23 Occupational Safety and Worker Protection The electrical installation was not Ensure that electrical installation is This problem is fixed, all electrical 42 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 Fixed, the hazard sign has been 8 Health electrical box was missing hazard box. posted, compliance team and sign. maintenance will 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 This problem was fixed, 14 Health exceeded 30 C in all sections. workplace to a maximum of 30 C. maintenance department will keep checking the air cooling system so that the temperature can be stable aof30C. May-23 Occupational Safety and Working Environment The noise levels Maintain the noise level under 90 db. 88 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, 1 Health several toilets. toilets. the company has installed new paper dispensers and the quantity delivered daily has also been increased. Likewise for liquid soap. [page 238] May-23 Occupational Safety and Health Services and First Three first aids boxes in the Ensure that first aid boxes have all This problem has been corrected 58 Health Aid dormitories are missing items. necessary items. during the audit, FCOs and nurses will periodically inspect the first aid kit so that the medicine can be always available. May-23 Occupational Safety and Worker Accommodation Exposed electrical/internet wires on Ensure that the electrical wire was This issue was fixed during the 1 Health all floors. properly safeguarded. audit, all internet and electrical cables are now well covered and the entire system is regularly maintained. The compliance team department will periodically inspect the facilities to maintain the safety May-23 Occupational Safety and Worker Accommodation Improper maintenance of fire Ensure that the fire extinguishers in This problem has been fixed, all fire 1 Health extinguishers in the dormitories. the dormitories are properly extinguishers and all fire equipment maintained. 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 No smoke detector installed in Install smoke detector where This problem has been corrected. 13 Health Preparedness module 8 and the packing area of needed. Multiple smoke detectors have module 6. been installed in the appropriate areas of Module 8 and the Module 6 packing area. The Compliance Team has verified all areas requiring smoke detectors to be installed to prevent this issue from occurring. May-23 Occupational Safety and Emergency Improper maintenance of fire Ensure that fire fighting equipment This problem has been corrected. In 20 Health Preparedness extinguishers in the factories. are maintained in a regular basis and all factories, the compliance team checked everyday. insists that fire extinguishers are checked twice a day rather than once a week. May-23 Occupational Safety and Emergency The stock area of module 4 needs to Ensure that stock area of module 4is This issue has been resolved. The 61 Health Preparedness be remarked; the evacuation plans remarked and all aisles remained floor was re-marked, and the need to be updated and replaced in obstructed. Ensure that all maintenance department will various areas. evacuation are accurate. continue to review it. Any changes will be re-marked immediately according to the plant layout. May-23 Occupational Safety and Emergency The floor of module 8 did not have Ensure that exit doors are properly This issue has been corrected. AIl 1 Health Preparedness any door identified as an exit. identified. exit doors have been clearly identified with the " EXIT " sign. Compliance will check all exit doors in all factories to ensure that they have the " EXIT " sign. [page 239] May-23 Occupational Safety and Emergency The aisles in the packing section of Ensure that the aisles in the packing This problem has been corrected. 1 Health Preparedness module 2, 3 and the warehouse were section remained unobstructed in All aisles have been cleared of obstructed. packing section of module 2,3. obstructions. The compliance team will conduct new training sessions on the importance of keeping evacuation routes clear. May-23 Occupational Safety and OSH Management The management has not posted Post the names of OSH committee Fixed, all the names with picture of 14 Health Systems names of OSH committee members. : members. the OSH committee members are posted on all the floors. May-23 Occupational Safety and OSH Management The emergency preparedness Ensure that the emergency The procedures is in place and this 14 Health Systems procedure does not include all the preparedness procedure include: content all mentioned elements. A necessary elements. Evacuating employees to a copy of this will be sent to Better designated assembly location, and Work so that this issue can be - Accounting for all employees after marked as corrected. an evacuation. May-23 Occupational Safety and OSH Management The OSH policy does not include all Ensure that the OSH policy includes Compliance is working on 1 Health Systems the necessary elements. measurable objectives and developing a procedure which will improvements targets and was not include all missing parts. developed through consultation with workers representatives. [page 240] BETTER WORK HAITI - 27TH SYNTHESIS REPORT ., Factory: Sewinq International S.A. Location: Port-au-Prince Number of workers: 1,556 Date of registration: Oct-09 Date of last two Aug-22 Sep-23 Better Work Advisory and Training Services 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 services Virtual meeting to develop the training plan, session on OSH and HR performance Indicators. Review the last assessment findings to identified the root causes. 5-Dec-23 Advisory services Virtual meeting with the compliance team to review social security payment and compensation. Session on BW assessment process. 30-Aug-23 Advisory services Virtual meeting with the bipartite committee to validate pending issues in the improvement plan. Meeting with the compliance team to review payment of Social security, session on management systems. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment September 2023 Sep-23 Occupational Safety and OSH Management Systems The OSH policy did not establish measurable Develop a policy in consultation with 31 Health objectives and improvement targets and was worker representatives. Establish not developed in consultation with workers measurable objectives and periodically and their representatives. monitor and review the policy. Sep-23 Occupational Safety and OSH Management Systems The factory does not have a hazard/risk Develop a hazard/risk management and 31 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 31 Health investigation procedure. 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: Review the procedure to include 31 Health Regular management review of performance … performance on measurable objectives on measurable objectives and targets. and targets. Sep-23 Contracts and Human Employment Contracts The grievance procedure does not include Review the procedure and include clear 31 Resources clear options for submitting grievances and options for submitting grievances and disputes that ensure anonymity and non- disputes that ensure anonymity and non- retaliation. retaliation. Sep-23 Contracts and Human Employment Contracts The disciplinary procedures do not include: Include the following steps in the 31 Resources The right to representation during disciplinary … procedure:- The right to representation processes and Legal notice periods and during disciplinary processes;- Legal termination payments. notice periods 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 8 Health boxes and sewing tables. general inventory. Ensure that aisles health and safety auxiliaries are remain unobstructed. in charge of the daily weekly checks. [page 241] Sep-23 Occupational Safety and Emergency Preparedness During the assessment visit, assessors Identify area where combustible materials Area where combustible 8 Health observed that there were no smoke detector in are stored. materials are stored have been the compressor room. identified. Sep-23 Occupational Safety and Health Services and First Aid Insufficient medical staff. Hire additional medical staff. 115 Health Sep-23 Occupational Safety and Welfare Facilities Insufficient number of toilets. - Increase the number of toilets 125 Health Sep-23 Occupational Safety and Working Environment The floor is neither clean nor tidy, and there is Develop a preventive maintenance plan. The auxiliary of health and 8 Health a 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 Take action to increase the lux level in the 8 Health recommended 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 109 Health recommended limit of 30 C in building 1,2,3,4. such 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 8 Health Several were missing their back rests. sectionsDevelop a monitoring plan by new ones and the factory has developed a monitoring plan. Sep-23 Occupational Safety and Chemicals and Hazardous During the evaluation visit, the assessors Provide eye wash bottles and cleansing Eye wash bottles and cleaning 8 Health Substances noticed that some eye wash stations were materials materials have been provided to missing their 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 31 Health Substances that a tank of diesel was not properly on receipt from supplier and control the charge of the labelling and the identified. label. mechanic team has the responsibility to pour them. All 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 8 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 Discuss legal requirement with the 31 Resources unused paid annual leave upon termination. General Manager. Ensure the calculation However, the calculation is not based on the for unused paid annual leave upon average of daily earnings. termination is based 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 sentto Workers' payslip are sent to 8 Benerfits 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 Forward workers’ contribution to OFATMA 109 Benefits workers" contribution to OFATMA. However, on time as required by law. Contributions the payment were made late consistently. to OFATMA should be submitted within the first 10 working days of the subsequent month. [page 242] Sep-23 Compensation Social Security and Other The employer consistently paid the required Forward employers' contribution to ONA 109 Benefits employers' contribution to ONA late. on 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 109 Benefits OFATMA. However, the payment were made OFATMA on time as required by law. late consistently. Contributions to 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 109 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 manth Sep-23 Compensation Social Security and Other The employer did not forward 3 percent of Forward 3 percent of workers 'salary to 48 Benefits workers 'salary to OFATMA for work-related OFATMA for work-related accident accident insurance on time. insurance on time. Sep-23 Compensation Paid Leave The annual leave payment is not calculated Discuss legal requirements with the 8 based on worker's average daily earnings. General 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 Pay overtime hours to all workers as Overtime hours are paid to all 8 overtime hours were not registered for the required by law. workers as required by law. supervisors and the non-production workers such as mechanics and administrative staff. Sep-23 Compensation Overtime Wages A review of the payroll showed that the Pay overtime hours to all workers as Overtime hours are paid to all 8 overtime hours were not registered for the required by law. workers as required by law. supervisors and the non-production workers such as mechanics and administrative staff. Assessment August 2022 Aug-22 Compensation Wage Information, Use and The overtime hours were not registered forthe Revise employee contracts by clearly Deduction supervisors and the non-production workers. specifying the salary for normal hours and salary that will be allocated in the event of factory needs for these categories of workers. Aug-22 Compensation Paid Leave The annual leave payment is not calculated Pay the lunch break and The June 13 decree suspends based on worker's average daily earnings, Calculate the annual leave payment based the 3*8 law, so Better Work is because the factory does not compensate on worker's daily average earnings. not finding non-compliance for workers for the lunch break. non-payment of the lunch Aug-22 Compensation Paid Leave The calculation of the sick leave payment does Pay the lunch break and send workers" The june 13 decree suspends not include the lunch break payment. pay slip and documents to OFATMA for the 3*8 law, so Better Work is sick leave payment. not finding non-compliance for non-payment of the lunch [page 243] Aug-22 Compensation Paid Leave The lunch break payment is not included inthe Pay the lunch break and send workers" Documents for maternity leave calculation of the maternity leave. pay slip and documents to OFATMA for payment have been sent to maternity leave payment. OFATMA. The factory paid 6 weeks and OFATMA 12 weeks. Aug-22 Compensation Paid Leave The lunch break is not compensated in the Discuss legal requirements with the The June 13 decree suspends payroll. General Manager. the 3*8 law, so Better Work is Pay the lunch break. not finding non-compliance for non-payment of the lunch Aug-22 Compensation Paid Leave Payment for annual leave, Sick leave, maternity Discuss legal requirements with the The June 13 decree suspends leave and the daily break are not accurate. General Manager. the 3*8 law, so Better Work is Pay the lunch break. not finding non-compliance for non-payment of the lunch Aug-22 Compensation Social Security and Other The factory completed 30 percent of the Pay the lunch break and pay OFATMA Benerfits payment for the fiscal year 2021-2022, for work related accident on time. OFATMA work related accident insurance. Aug-22 Compensation Social Security and Other The calculation for annual salary supplement Pay the lunch break and Benerfits or bonus does not include the lunch break Include the lunch break payment in the payment. calculation of annual salary supplement or bonus. Aug-22 Compensation Social Security and Other The factory did not share any proof that Send workers’ pay slip for the last 3 The records of all Benefits workers pay slip for the last 3 months were months to OFATMA for sick leave and acknowledgments are kept. sent to OFATMA for sick leave and maternity maternity leave payment. leave payment Keep records of acknowledgments Aug-22 Compensation Social Security and Other ONA calculation does not include the lunch Pay the lunch break, then forward Last ONA payment was made Benefits break payment. At the time of assessment worker's and employers' contribution to for the month of September visit, the last three recent payments were late. ONA within the first 10 business days of 2022. the next month for the previous month. Aug-22 Compensation Social Security and Other Employers' contribution to OFATMA for Pay the lunch break, then Last OFATMA payment was Benefits maternity and health insurance does not Forward worker's and employers' made for the month of May include the lunch break payment. contribution to OFATMA within the first 10 2023. business days of the next month for the previous month. Aug-22 Contracts and Human Employment Contracts The internal work rules are less favorable than Amend the internal regulations and make Resources the law. the necessary adjustments. Aug-22 Compensation Termination The calculation for the payment of the Include the lunch break payment in the The June 13 decree suspends applicable notice period does not include the calculation for the applicable notice the 3*8 law, so Better Work is lunch break payment. period. not finding non-compliance for non-payment of the lunch Aug-22 Compensation Termination The calculation of the average daily salary for Include the lunch break payment in the The June 13 decree suspends annual leave upon termination does not calculation of unused paid annual leave the 3*8 law, so Better Work is include the lunch break payment. upon termination. not finding non-compliance for non-payment of the lunch [page 244] Aug-22 Compensation Termination The calculation of the annual salary Include the lunch break payment in the The June 13 decree suspends supplement upon termination does not calculation of annual salary upon the 3*8 law, so Better Work is include the lunch break payment. termination. not finding non-compliance for non-payment of the lunch Aug-22 Occupational Safety and OSH Management Systems The employer was not able to provide the Request a structural safety certificate from Health required structural safety certificates the city council. Aug-22 Occupational Safety and Chemicals and Hazardous The chemical inventory was not accurate . Assign responsible persons for updating The health and safety officer Health Substances inventories of hazardous substances in and the OSH members are the various locations where they are responsible to update stored or used. inventories of hazardous substances in the various locations where thev are stored Aug-22 Occupational Safety and Chemicals and Hazardous No chemical data sheets for Acid muriatic Keep chemical MSDS for all hazardous MSDS for all chemical products Health Substances found in the mechanic shop. chemicals used in the workplace. are posted in the workplace. Aug-22 Occupational Safety and Chemicals and Hazardous The employer has not limited workers Isolate the use of chemical products on The maintenance manager has Health Substances ‘exposure to hazardous substances. the floor. already defined a maintenance plan. Aug-22 Occupational Safety and Worker Protection Management has not provided support beltto Provide the safety belt to workers. Add All workers that are doing heavy Health workers doing heavy lifting work. this aspect in the system of daily-weekly lifting works have received the checks. safety belt. Aug-22 Occupational Safety and Worker Protection 25 percent of the sewing machines are missing Define who is in charge of installing & The mechanic manager is in Health pulley guards. regularly maintaining the machine guards charge of installing and (preventive maintenance). regularly maintaining the machine guards. Aug-22 Occupational Safety and Working Environment Temperature exceed BW recommended limit. Take action to reduce the temperature Health such as opening in the roof, water curtain or additional fans. Aug-22 Occupational Safety and Welfare Facilities Insufficient number of toilets. Increase the number of toilets as required Health by law. Aug-22 Occupational Safety and Health Services and First Aid Insufficient medical staff. Hire additional medical staff based on the Health total workforce. Aug-22 Occupational Safety and Emergency Preparedness The fire alarm in building 2 was not working in. Have a fire detection and alarm system Health suitable for the factory conditions. Aug-22 Occupational Safety and Emergency Preparedness A rechargeable light bulb was found charging Train supervisors and workers about fire The direction has already Health wrapped in a piece of fabric. Management said hazards and the need to report hazards trained all workers, supervisors that this practice is forbidden in the workplace. for reparation. about fire hazards and the need to report hazards reparation. Aug-22 Working Time Regular Hours The regular working hours are exceed the legal Amend the internal work rules limit. Ensure that the weekly regular working hours which include the daily break do not exceed 48 hours per week. Aug-22 Working Time Regular Hours The administrative staff. Supervisors Review the contract of these categories of confirmed that even though they are working workers. significant amount of overtime , it is not recorded and therefore not paid. [page 245] Aug-22 Working Time Leave Management did not provide 15 consecutive Provide at least 15 days of annual leave to 15 days of annual leave has days of annual leave. workers after 1 year of service. been provided to workers. Aug-22 Working Time Leave Assessors found two cases where the workers Develop a procedure for maternity leave. The factory has developed a were sent home before their seventh month of procedure for maternity leave pregnancy without any medical prescription. with a consistent content. Aug-22 Contracts and Human Employment Contracts The disciplinary procedure does not include: Include in the procedure the following The factory management has Resources Clear specification of unacceptable behaviors actions: Clear specification of reviewed the termination and or performance. unacceptable behaviors or performance. disciplinary procedures, the missing steps of the procedure have been added. Aug-22 Contracts and Human Employment Contracts The grievance procedure does not include Include clear options for submitting The factory has made the Resources clear options for submitting grievances and grievances and disputes that ensure updates in the procedure such disputes that ensure anonymity and non- anonymity and non-retaliation. as clear options for submitting retaliation. grievances and disputes that ensure anonymity and non- retaliation. Aug-22 Occupational Safety and OSH Management Systems Management did not show evidence of: Hold a management review meeting of Health Regular management review of effectiveness effectiveness of management system of management system including performance including performance on measurable on measurable objectives and targets. objectives and targets. - Keep records when accident investigations are followed by an actual change in procedures Aug-22 Occupational Safety and OSH Management Systems No. The factory does not have an adequate includes the following actions in the Health accident investigation procedure. procedure: - Root cause analysis - Focus on sustainable solutions - Implementation of changes in order to avoid reoccurrence. Aug-22 Occupational Safety and OSH Management Systems The factory does not have an adequate Develop a hazard/risk management and Health hazard/risk management and control control procedure. procedure. [page 246] BETTER WORK HAITI - 27TH SYNTHESIS REPORT . Factory: Superior Sourcinq Location: Ouanaminthe Number of workers: 1,616 Date of registration: Jan-20 Date of last two Better May-23 May-24 Wark assesements: Advisory and Training Services 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 services 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 26-Feb-24 Advisory services Virtual meeting to discuss the training plan for the year with the bipartite committee. Then, review and validate pending issues in the improvement plan. 26-Jan-24 Training GBVH Introduction 26-Jan-24 Advisory meeting Delivered Intro to GBVH training to 14 participants. The training lasted one hour. 16-Nov-23 Industry Seminar Virtual Grievance Policy on Violence and Harassment 15-Nov-23 Advisory services Virtual Advisory visit to discuss several issues such as: OSH policy and OSH investigation procedures, ONA and OFATMA payments, disciplinary procedures and First aid training. 25-Oct-23 Industry Seminar Bipartite Committee 21-Sep-23 Advisory services Meeting to conduct OSH tour, meeting with the bipartite committee to review and validate the improvement plan. 20-Sep-23 Industry Seminar Human Resources Management (HRM) 13-Sep-23 Industry Seminar ToT Problem Solving 8-Sep-23 Industry Seminar Negotiation Skills 31-Aug-23 Industry Seminar Industrial Relations 31-Jul-23 Advisory services Advisory visit to update the factory about the new decree concerning the 3*8 law. Review and update the improvement plan 28-Jul-23 Industry Seminar Virtual Preventing and Addressing Sexual Harassment for Middle Management 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 Systems The employer does not properly Develop OSH performance indicators 46 investigates monitors and measures and have follow-up meetings with OSH issues management on the indicators May-24 Contracts and Human Employment Contracts The factory's disciplinary and Include the right to defend oneself prior 46 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 2 authorization from MAST before before working on overtime. working on overtime. [page 247] May-24 Working Time Overtime A review of attendance records Inform all the department about the limit 2 revealed that several workers were of overtime allow per trimester. Monitor found to have completed more than the quantity of overtime hours worked 80 hours overtime per trimester. with Production. May-24 Working Time Overtime The factory did not obtain Request prior authorization from MAST 2 authorization from MAST before before working Saturday and Sunday. working on Saturday and Sunday. May-24 Working Time Regular Hours A review of documents revealed that Request prior authorization from MAST 2 the factory had no prior before working at night. authorization from MAST before working at night. May-24 Working Time Regular Hours The employer did not post the Post the factory's working hours for all 2 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 2 exceed the legal limit and therefore General Manager. do not comply with the labor code. make updates to the internal regulations and the employment contract May-24 Occupational Safety and Health Emergency Preparedness The total number of workers trained Train at least 10 percent of the 2 in fire-fighting is less 10 percent of workforce the workforce as recommended by Develop a Monitoring system Better Work. May-24 Occupational Safety and Health Emergency Preparedness Source of ignition is not properly Train supervisors and workers about fire 15 safeguarded. Rechargeable lamps hazards and the need to report hazards. wrapped in a piece of fabric which represents a fire hazard. May-24 Occupational Safety and Health Emergency Preparedness The floors need to be marked in Update the evacuation map and Paint 46 several areas in one building. In yellow lines on the floor to show the exit addition, the evacuation plan needs pathway. May-24 Occupational Safety and Health Emergency Preparedness Fire extinguishers were obstructed Mark on the floor space that should not 46 and another one was missing. be obstructed. May-24 Occupational Safety and Health Emergency Preparedness The fire detection alarm system in Have a fire detection and alarm system 2 building 2 is not functioning and one suitable for the factory conditions. alarm switch was obstructed in Specify who is in charge of regularly building 1. checking its functioning and include this in the system of daily-weekly checks. May-24 Occupational Safety and Health Health Services and First Aid First aids boxes are missing several Equip first aid box and define 2 items. Additionally, one first aid box responsibility for refilling. was obstructed. May-24 Occupational Safety and Health Health Services and First Aid insufficient number of medical Staff. Increase the number of medical staff. 46 [page 248] May-24 Occupational Safety and Health Welfare Facilities The toilets did not have soap during Provide soap dispenser and define who 15 working hours. will check that soap is available all the time. May-24 Occupational Safety and Health Welfare Facilities Insufficient number of toilets. Increase the number of toilets based on 46 the quantity of workers as required by law. May-24 Occupational Safety and Health Working Environment Workplace temperature exceed the install additional fans and specify who is 46 recommended limit of 30C. in charge of regular maintenance of the fans. May-24 Occupational Safety and Health Worker Protection During the factory tour assessors Provide chairs with back rest. 2 found 17 chairs missing back rest. May-24 Occupational Safety and Health Worker Protection Improperly labelled circuit breakers Labelled all circuit breakers. Ensure that 15 found in three electrical boxes. the factory electrician conduct more regularly checks. May-24 Occupational Safety and Health Worker Protection 10 percent of the single-needle and Install all machine guards and develop a 2 double needle machines were preventive maintenance plan. missing their finger guards. May-24 Occupational Safety and Health Worker Protection The employer did not provide proper Provide worker proper PPE for heavy 2 PPE for heavy lifting. lifting. May-24 Occupational Safety and Health Chemicals and Hazardous Assessors did not observe any eye Provide eye wash bottles and specify Management took corrective 2 Substances wash in the compressor room, where who will conduct regular checks of the action during the assessment. chemicals has been used. functioning of the eyewash. May-24 Occupational Safety and Health Chemicals and Hazardous No MSDS' were available for several Keep chemical MSDS for all hazardous 46 Substances chemical products used in the chemicals used in the workplace. workplace. May-24 Occupational Safety and Health Chemicals and Hazardous Unlabeled containers of chemical Define who control the chemical 46 Substances and hazardous products found in container on receipt from supplier and several areas of the workspace. control the label. May-24 Occupational Safety and Health Chemicals and Hazardous The chemical inventory does not list Assign responsible persons for updating 46 Substances all the products used in the inventories of hazardous substances in workplace. the various locations where they are stored or used. May-24 Occupational Safety and Health OSH Management Systems The factory does not have an OSH 1. Change the composition of the 2 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 2 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. [page 249] May-24 Contracts and Human Termination The average salary used for the Pay workers their annual leave when 2 Resources payment of unused annual paid they resign or terminated and include leave upon termination does not payment for weekly rest day in the include the payment for weekly rest calculation. May-24 Contracts and Human Termination iNorkers received proper notice of Pay workers their notice of termination 2 Resources termination when they resign or when they resign or terminated and terminated. However, the average include payment for weekly rest day in salary used to do the calculation did the calculation. not include payment for weekly rest day. May-24 Contracts and Human Employment Contracts The Internal work rules Has not been Request Approval of the internal work 46 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 46 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 is affiliated with OFATMA Calculate workers" contribution to 46 Benefits for maternity and health insurance. OFATMA on Workers' basic salary. Then However, the factory does not collect collect and forward the contribution to and forward workers’ contributions OFATMA within the first 10 business days to OFATMA. 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 46 Benefits based on the minimum salary ONA on Workers' basic salary. Then because money for production and forward the contribution to ONA within allocation are not included in the the first 10 business days of the next calculation. month for the previous month. May-24 Compensation Social Security and Other The Factory is affiliated with OFATMA Calculate employer's contribution to 46 Benefits for maternity and health insurance. OFATMA on Workers' basic salary. Then At the time of assessment visit, the forward the contribution to OFATMA last recent payment for the Within the first 10 business days of the employer's contribution was for next month for the previous month. May-24 Compensation Social Security and Other Workers. deductions for ONAH are Calculate workers" contribution on 46 Benefits based on the minimum salary Workers' basic salary. Then forward the because money for production and contribution to ONA within the first 10 allocation are not included in the business days of the next month for the calculation. previous month. May-24 Compensation Paid Leave A review of the payroll showed that Make adjustments in the Payroll system. 2 the holidays are not paid on average Pay holidays on average daily salary to daily salary to all workers. all workers. May-24 Compensation Paid Leave The weekly rest day is not paid to Pay the rest day when worker works for 2 workers who have accumulated 48 48 hours or 6 consecutive days. hours during the work week. [page 250] May-24 Compensation Paid Leave The factory only paid 6 weeks of Pay the weekly rest day when worker 46 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 when the factory is registered with calculation of the average salary for OFATMA for maternity and health maternity leave. The factory must ensure insurance based on labor Code. that worker entitled to maternity leave receives 12 weeks of navment. May-24 Compensation Paid Leave Payment of sick leave is not accurate. Pay the rest day when worker works for 2 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 and A review of the payroll showed that Register hours of overtime for the 2 Deduction the overtime hours were not supervisors, workers on fix salary and registered for several workers on fix the non-production workers such as salary. Therefore, this category of administrative staff. Then, pay overtime employees were not compensated hours worked as required by law. for overtime hours worked. May-24 Compensation Overtime Wages Assessors noted that overtime Make adjustments in the payroll system 2 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 and Collective Bargaining Several articles of the collective are Implement all provisions of the collective 15 Collective Bargaining not implemented. agreement. Assessment May 2023 May-23 Occupational Safety and Health OSH Management Systems the OSH policy was not developed in The factory should discuss the policy consultation with workers and their with worker representative, including the representatives. OSH committee members, gather their inputs and include them in the policy. Workers should also be made aware of the policy either trough training or May-23 Occupational Safety and Health OSH Management Systems No. The factory has not posted The factory needs to post the names of policies and work instructions all committee members on the floor. If around the workplace. possible, post the pictures of the members as well. Post the policy. May-23 Occupational Safety and Health OSH Management Systems The employer does not properly Management needs to: Perform regular 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. [page 251] 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 Health Emergency Preparedness Obstructed aisles in several areas of The factory should make sure that aisles The factory corrected the issue. 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 Health Emergency Preparedness Fire drills are not conducted every six Fire drills should be conducted every six The factory conducted a fire drill months, as recommended. months, as recommended. in July. They should schedule another drill for January 2024. May-23 Occupational Safety and Health Emergency Preparedness The assessors noticed a light bulb Workers should be trained in fire safety, The factory took measure to 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. May-23 Occupational Safety and Health Emergency Preparedness The evacuation plan did not reflect Update the evacuation map to reflectthe Evacuation plan has been the actual layout of the floor in layout of the floor and mark the arrows updated. Evidence has been building 3. In addition, the to show the emergency routes. shared. evacuation arrow does not lead to emergency exit. May-23 Occupational Safety and Health Emergency Preparedness Unidentified fire extinguishers found The factory should assign a person or 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 Health Services and First Aid Insufficient number of workers The factory should provide first aid Factory has train new workers on 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 Health Services and First Aid Insufficient number of medical Staff. The factory needs to increase the The factory has its onsite medical number of nurses and add 1 medical visit facility and staff. Evidence has at least 3 times per week. been shared. There is only one nurse [page 252] May-23 Occupational Safety and Health Health Services and First Aid No evidence of medical checks for The factory must include in its policyto A medical report and a list of workers exposed to work-related provide medical checks twice a year for workers who received the tests hazards. workers who are exposed to work was sent by the factory. However related hazards or chemical products. further investigation is needed to The factory can also request such verify if the workers received the medical checks from OFTAMA whenthey test. are contributing to OFATMA maternity and health insurance and pay regularly. May-23 Occupational Safety and Health Welfare Facilities The employer does not have its own eating area, instead workers use the communal eating areas shared with other factories within CODEVI (industrial park); 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 Health Welfare Facilities The water test is not conducted on a The factory should establish a policy to The water test was conducted on. 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. May-23 Occupational Safety and Health Welfare Facilities Insufficient number of toilets. The factory should discuss with the park's administration to see how they can increase the number of toilets for women. May-23 Occupational Safety and Health Welfare Facilities Assessors noticed that soap was not The factory should designate a person or The factory took measures to 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 Health Working Environment Workplace temperature exceed the The factory should ensure that the 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 Health Worker Protection Unidentified circuit breakers found Circuit breakers should be inspected in building 3. regularly to make sure that they are properly identify and maintained. May-23 Occupational Safety and Health Chemicals and Hazardous The employer did not take any action The employer should take actions to limit Substances to limit the exposure of employees the exposure of employees to chemical to chemical vapors. vapors. The spot cleaning area should be isolated or extractors should be installed. [page 253] May-23 Occupational Safety and Health Chemicals and Hazardous No MSDS' were available for several Have MSDS in all places where chemical Issue was addressed. MSDS and 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 Health Chemicals and Hazardous Unlabeled containers of chemical The factory should a dedicated a person Substances and hazardous products found in or persons to be responsible to keep, several 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 Health Chemicals and Hazardous The chemical inventory does not list The factory should a dedicated personto Chemical inventory is now Substances all the 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 computerized system can be established accuracy. Evidence has been to ensure that the chemical inventory is shared. 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. May-23 Compensation Social Security and Other The factory is not registered with he factory needs to register for OFATMA Benefits 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. [page 254] May-23 Compensation Social Security and Other The factory is not registered with The factory needs to register for Benefits OFATMA for maternity and health OFATMA maternity and health insurance insurance. The factory does not as 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, Benefits employer's contribution to ONA on within the first 10 working days of the time. current month for the previous month's payment. Worker's and employer's contributions should be calculated on the basic/ average daily salary which includes all earnings except for overtime payments. If there is an agreement for partial payments. the factory should keep a copy of the agreement. May-23 Compensation Social Security and Other Workers' pay slip for the last 3 The factory needs to register for Benefits months are not sent to OFATMA for OFATMA maternity and health insurance, payment of sick and maternity leave. make the payments regularly as required by law. Once the factory is duly registered, they can send the worker's pay slip to OFATMA so OFATMA can make the required payment for sick leave and maternity leave. May-23 Compensation Social Security and Other The factory is affiliated with OFATMA The factory needs to pay OFATMA for Benefits for work related accident and the work related accident on time, including factory has not completed the the CDS payment. If there is an 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 255] BETTER WORK HAITI - 27TH SYNTHESIS REPORT ., Factory: Top Choice Apparel Corp Location: Ouanaminthe Number of workers: 2,236 Date of registration: Jan-20 Date of last two Better May-23 May-24 Work assessments: Advisory and Traininq Services 10-Apr-24 Industry Seminar Virtual Preventing and Addressing Sexual Harassment for Workers 2-Apr-24 Advisory services 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, allais sn an the traininn miam and candiict à cancinn an than trainine manitarinn milan 19-Mar-24 Industry Seminar Virtual Workers' Rights & Responsibilities 15-Mar-24 Industry Seminar Virtual Workers' Rights & Responsibilities 4-Mar-24 Advisory services 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 Advisory services 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. 16-Nov-23 Industry Seminar Virtual Grievance Policy on Violence and Harassment 15-Nov-23 Advisory services Virtual Advisory visit to explain Better Works cores services process to the new HR manager and to discuss several NC points in the improvement plan. Meeting was held with representatives of the bipartite committees of both buildings. 25-Oct-23 Industry Seminar Bipartite Committee 13-Oct-23 Industry Seminar Virtual Leadership Skills 13-Oct-23 Industry Seminar Virtual Intercultural Communication 22-Sep-23 Advisory services To conduct OSH tour then meet with new bipartite committee of building. Meeting with union members and validate the improvement plan. 20-Sep-23 Industry Seminar Human Resources Management (HRM) 13-Sep-23 Industry Seminar ToT Problem Solving 8-Sep-23 Industry Seminar Negotiation Skills 31-Aug-23 Industry Seminar Industrial Relations ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment May 2023 May-24 Contracts and Human Employment Contracts No. The factory does not have Develop a grievance handling and al Resources an appropriate grievance dispute resolution procedures that handling and dispute includes communication of resolution procedures. 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 al Resources appropriate recruitment that includes: Hiring criteria that procedure. are applied equally to all job applicants. [page 256] May-24 Contracts and Human Employment Contracts The factory does not a have Include in the procedure a clear 41 Resources disciplinary and termination specification of unacceptable procedure. behaviors or performance. May-24 Contracts and Human Employment Contracts The employer does not Develop an HR system 41 Resources properly investigate violations performance indicator. Investigate of HR policies and procedures violations of HR policies and procedures and review the nenraduene arcardinahs May-24 Contracts and Human Employment Contracts The employer does not Communicate and implement HR 41 Resources adequately communicate and policies through : Induction implement HR policies. training for workers 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 41 Resources accountability and language. responsibility for HR issues to HR staff is in Spanish. May-24 Contracts and Human Employment Contracts The factory does not have an Develop an HR policy that is signed 41 Resources HR policy that is signed bytop by top management and includes: management and includes all - Mandatory minimum age the necessary elements. requirements - Non-utilization of child labor - Equal treatment and non- discrimination - Prevention of sexual harassment - Legal requirements in relation to termination May-24 Working Time Leave The factory did not provide 15 Provide 15 days of annual leave to days of annual leave to all all mechanic workers. workers. They provided the payment for some days in place of annual leave. May-24 Working Time Overtime The factory did not obtain Request prior authorization from 2 prior authorization from MAST MAST before working on overtime. before working on overtime. May-24 Occupational Safety and OSH Management The employer does not Conduct regular meeting with 41 Health Systems investigates, monitor and management to define and review measures OSH issues. Occupational safety target and performance. May-24 Occupational Safety and Emergency Less than 10 percent of Train at least 10 percent of workers a Health Preparedness workers were trained in fire- in fire-fighting equipment. fighting equipment. [page 257] May-24 Occupational Safety and Emergency Sources of ignition are not Inform workers about fire hazards 2 Health Preparedness properly safeguarded. and the need to report hazards for correction. May-24 Occupational Safety and Emergency Fire drills are not conducted Conduct at least 2 emergency drill 41 Health Preparedness on twice a year as per calendar year. recommended by Better Work. May-24 Occupational Safety and Emergency Obstructed aisles in the Provide additional space for The tables and boxes have 15 Health Preparedness sewing areas. storing goods and ensure that been removed. aisles are not obstructed. May-24 Occupational Safety and Emergency One exit door was lock during Provide instructions not to close Management issued 2 Health Preparedness work hours. the exit door in case of fire. instructions and all the exit doors remain unlocked durina workina hours. May-24 Occupational Safety and Emergency The floor need to be repainted Update the evacuation map in Top The evacuation plan has 2 Health Preparedness and evacuation maps needto choice 3- Paint evacuation arrows been updated and the floor be updated. and signs in Top Choice 2. has been remarked. May-24 Working Time Overtime Several workers accumulated Ensure that overtime worked per 2 more than 80 hours overtime trimester is less than 80 hours. during a trimester. May-24 Occupational Safety and Emergency Several fire extinguishers were Provide adequate firefighting 41 Health Preparedness not properly maintained. equipment and ensure regular maintenance. May-24 Working Time Overtime The factory did not obtain Request prior authorization from 2 prior authorization from MAST MAST before working on Sunday. before working on Sunday. May-24 Working Time Regular Hours Workers complain that they Have an accurate attendance 2 are not receiving the full recording system. Train workers on amount of their salary clock in / clock out procedure. because the punch system is May-24 Working Time Regular Hours The working hours posted on Display the factory's working 2 the floors is not accurate. hours for all shifts. May-24 Working Time Regular Hours The regular daily or weekly Change the regular daily or weekly 2 hours exceed the legal limit hours to comply with the labor and therefore do not comply code. with the labor code. May-24 Occupational Safety and Health Services and Less than 10 percent of the Train at least than 10 percent of 41 Health First Aid workforce is trained in first the workforce in first Aid. aid, as recommended by Better Work. [page 258] May-24 Occupational Safety and Health Services and No evidence of annual medical Pay OFATMA work related accident 41 Health First Aid checks for workers were including the CDS for the fiscal present in worker's files. year 2023-2024. Request OFATMA to conduct the annual medical rharbe May-24 Occupational Safety and Health Services and No evidence of medical checks Provide free medical checks for 41 Health First Aid for workers exposed to work- workers exposed to work-related related hazards were present hazards twice a year. in worker's files. May-24 Occupational Safety and Health Services and Worker interviews across the Pay OFATMA for work related 41 Health First Aid factory confirmed they did not accident and request the health receive the health cards within cards within the first 3 months of the first 3 months of hiring. hiring. May-24 Occupational Safety and Welfare Facilities During interview workers said - Provide soap dispenser 2 Health they never find soap in the - Define who will check that soap is toilets. available and include this in the system of daily-weekly checks May-24 Occupational Safety and Working Environment Insufficient lux level in several Increase the lux level in Packing 15 Health areas of the workspace. and sewing section to at least 500 lux. May-24 Occupational Safety and Working Environment The temperature exceed Install additional fans in the 2 Health Better Work recommended workplace limit of 30 C. May-24 Occupational Safety and Health Services and The factory does not have Hire the required medical staff. 41 Health First Aid onsite medical facilities and staff as required by art. 478 and 479 of the labor code. Management expressed that workers have access to use the medical facilities of the industrial park. May-24 Occupational Safety and Worker Protection The factory did not provide Develop an internal training plan 2 Health any training records on the and train all worker on the use of use of personal protective PPE. equipment, for supervisors and inspectors who used chamirale May-24 Occupational Safety and Worker Protection Several chairs were missing Provide chair with back rest. 2 Health back rest. [page 259] May-24 Occupational Safety and Worker Protection Several sewing machines are Define who is in charge of 41 Health missing eye guards, finger installing and regularly guards and belt guards. maintaining the machine guards. May-24 Occupational Safety and Worker Protection The employer does not - Consult the MSDS to see which 31 Health provide all the necessary PPE PPEis required for each product to all workers. - Provide proper PPE to workers working with chemicals. May-24 Occupational Safety and Chemicals and No eye wash station has been Provide eye wash bottles and 41 Health Hazardous Substances installed where chemicals are specify who will conduct regular used and stored. checks of the functioning of the eyewash. May-24 Occupational Safety and Chemicals and The factory did not provide Train workers and supervisors on 2 Health Hazardous Substances training to all workers using chemical management. chemical and hazardous products. May-24 Occupational Safety and Chemicals and The spot cleaning area is not Improve isolation from the 41 Health Hazardous Substances isolated and does not have the chemical such as separate room proper conditions to prevent for spot cleaning. unnecessary exposure of workers to chemicals. May-24 Occupational Safety and Chemicals and MSDS's are missing for several. Keep chemical MSDS for all 41 Health Hazardous Substances chemical and hazardous hazardous chemicals used in the products. workplace. May-24 Occupational Safety and Chemicals and The chemical storage areas on Train workers on proper storage of 41 Health Hazardous Substances both floors do not meet all chemicals and specify who safety requirements. conducts regular chemical safety checks. May-24 Occupational Safety and Chemicals and Unlabeled containers of Define who control the chemical 41 Health Hazardous Substances chemical and hazardous container on receipt from supplier substances found in the and control the label. workspace. May-24 Occupational Safety and OSH Management The factory does not sendthe Record work related accidents and 41 Health Systems report of work related send them to OFATMA monthly. accident to OFATMA monthly. May-24 Contracts and Human Termination The annual salary supplement Include payment for weekly rest 41 Resources or bonus is not accurate. day in the calculation of payment of annual salary supplement or bonus upon termination. [page 260] May-24 Contracts and Human Termination The average salary for annual Include the payment for weekly 41 Resources leave when worker resign or rest day in the calculation of are terminated is not unused paid annual leave when accurate. worker resign or terminated. May-24 Contracts and Human Termination The calculation of the payment Include the payment for weekly 41 Resources for the notice period did not rest day in the calculation of include payment for weekly payment for the notice period. rest day. May-24 Contracts and Human Employment Contracts The factory does not an have Update the internal work rules and 41 Resources internal work rules approved send it to MAST for approval. by the Ministry of Labor and posted in the workplace. May-24 Contracts and Human Employment Contracts The apprentice contracts were Request approval for the a Resources not approved by the Ministry apprentice contracts. make an of Labor (MAST), as legally amendment to workers' contracts required. to include all the information as stated in the labor code. May-24 Compensation Social Security and The factory did not send Register with OFATMA for 41 Other Benefits workers pay slip for the last 3 maternity and health insurance. months to OFATMA for sick Then, send workers pay slip for the leave and maternity leave last 3 months to OFATMA for sick payment. leave and maternitv leave May-24 Compensation Social Security and The factory does not collect Collect and forward workers" 41 Other Benefits and forward workers" contributions to OFATMA for contributions to OFATMA for maternity and health insurance. maternity and health May-24 Compensation Social Security and The factory submits Forward employer's contributions a Other Benefits employer's contributions to to ONA on time. Moreover, ensure ONA. However, ONA that ONA deduction is based on deduction are based on the the basic salary including the minimum. weekly rest day payment. May-24 Occupational Safety and Chemicals and The inventory of chemical and Assign responsible persons for a Health Hazardous Substances hazardous substances does updating inventories of hazardous not the location where they substances in the various locations are stored in all building. where they are stored or used. May-24 Compensation Social Security and The Factory is affiliated with Forward employer's contribution 41 Other Benefits OFATMA for maternity and to OFATMA maternity and health health insurance.The last insurance on time. Furthermore, recent payment for the ensure the calculation for the employer's contribution was payment is based on the basic made in November 2023. salary. [page 261] May-24 Compensation Social Security and ONA deduction are based on Calculate ONA deduction on the 41 Other Benefits the minimum salary. basic salary including money for production and allocation. Then, forward contribution on time. May-24 Compensation Social Security and The annual salary supplement Include payment for weekly rest 41 Other Benefits or bonus did not include day in the calculation of annual payment for weekly rest day. salary supplement or bonus. May-24 Compensation Social Security and The factory did not provide Pay OFATMA work related accident 41 Other Benefits any documents and the proof for the fiscal year 2023-2024. of payment for the fiscal year 2023-2024, for OFATMA work related accident insurance. May-24 Compensation Paid Leave A review of the payroll showed Calculate holiday payment on 2 that the holidays are not paid average daily salary to all workers. on average daily salary to all workers. May-24 Compensation Paid Leave The factory does pay workers Pay the rest day when worker 2 for the weekly rest day. works for 48 hours or 6 consecutive days. May-24 Compensation Paid Leave The factory only paid 6 weeks Pay the rest day when worker 41 of maternity leave where works for 48 hours or 6 workers are entitled to 12 consecutive days and include the weeks of payment when the payment in the calculation of the factory is registered with average salary for the payment of OFATMA for maternity and maternity leave. The factory must health insurance. ensure that worker entitled to maternity leave receives 12 weeks May-24 Contracts and Human Termination The calculation of the average Include the payment for weekly a Resources salary for the payment of rest day in the calculation of unused paid annual leave unused paid annual leave when does not include the payment worker resign or terminated. for weekly rest day. May-24 Compensation Paid Leave Payments for sick leave are Include the payment for the weekly a based on the minimum salary day of rest in the calculation of the and did not include payment average salary for payment of sick for weekly rest day. leave. May-24 Contracts and Human Termination The calculation of the average Include the payment for weekly 2 Resources salary for the payment ofthe rest day in the calculation of notice period does not include payment for the notice period. payment for weekly rest day. [page 262] May-24 Compensation Paid Leave Payments for annual leave are Include payment for weekly rest 2 based on the minimum salary day in the calculation of annual and did not include payment leave. for weekly rest day. May-24 Contracts and Human Employment Contracts The factory does not an have Update the internal work rules and 41 Resources internal work rules approved send the internal work rules to by the Ministry of Labor and MAST for approval. posted in the workplace. May-24 Compensation Wage Information, Use Overtime hours were not Register overtime hours for the 2 and Deduction registered for workers on fix supervisors, workers on fixed salary and the non-production salary and the non-production workers. workers such as and administrative staff and pay them in accordance with the law. May-24 Compensation Overtime Wages Overtime work hours Modify the payroll system and pay 2 performed beyond 6 PM for the overtime work performed day shift were paid 50 percent beyond 6 PM for day shift were above normal wage instead of paid 100 percent above the normal 100 percent. wage. May-24 Freedom of Association Collective Bargaining The employer failed to Implement all the provisions of the 15 and Collective implement all the provisions collective agreement. Bargaining of the collective agreement. Assessment May 2023 May-23 Occupational Safety and OSH Management No. The factory has an OSH Management needs to discuss the Health Systems policy that is not signed by top OSH policy with workers, have their management. In addition, the input and then sign it. The sign policy is written in Spanish. policy should also be posted on the May-23 Occupational Safety and OSH Management No structural safety certificate, The factory needs to request the Health Systems certifying the structure ofthe certificate from the CODEVI building meets the safety administration. requirements for an industrial structure. May-23 Occupational Safety and OSH Management The factory does not record The factory needs to record all Health Systems work related accidents on a work related accidents and submit monthly basis and does not them to OFATMA on a monthly submit them to OFATMA. basis. [page 263] May-23 Occupational Safety and OSH Management The employer does not Them employer need to do the Health Systems properly investigate, monitor following: -Log and measures OSH issues. and analyze of violations of procedures; - Regular management review of effectiveness of management system including performance on measurable objectives and targets; - Accident investigations are May-23 Occupational Safety and OSH Management Management has not posted Post the names and pictures of Health Systems the name of OSH committee committee members. members in the workspace. May-23 Contracts and Human Employment Contracts No. The factory does not have The factory need to review its Resources an appropriate recruitment recruitment procedure to includes:- procedure. 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 ratain IN darumante May-23 Contracts and Human Employment Contracts The factory does not a have The factory should develop a Resources disciplinary and termination disciplinary and termination procedure. procedures that includes 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 May-23 Contracts and Human Employment Contracts The factory does not has an The grievance handling and Resources appropriate grievance dispute resolution procedures handling and dispute should includes : resolution procedures. Clear options for submitting grievances and disputes that ensure anonymity and non- retaliation, communication of changes made or resolution, fair [page 264] May-23 Contracts and Human Employment Contracts The employer does not The factory needs to develop a Resources properly investigate violations procedure to investigate violations of HR policies and procedures. of HR policies and 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 May-23 Contracts and Human Employment Contracts The factory does not have The internal work rules should me Resources internal work rules approved submitted to OFATMA for by the Ministry of Labor. Approval. Internal work rules Management had no should be in French or Creole. comment. Once approved, it should be share with workers or posted on the floor. May-23 Contracts and Human Employment Contracts The employer does not The employer needs to review its Resources adequately communicate and HR policies that include: implement HR 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 Den nn nn mnt May-23 Contracts and Human Employment Contracts The HR policy that defines Translate the document from Resources accountability and Spanish to French or Creole. responsibility for HR issues to Update reporting lines and job HR staff is in Spanish duties. May-23 Contracts and Human Employment Contracts The factory does not have an The factory should develop an HR Resources HR policy that is signed bytop policy that is signed by top management and includes all management which includes: the necessary elements. Mandatory minimum age requirements Non-utilization of child labor Equal treatment and non-discrimination Prevention of sexual harassment Legal requirements in relation to termination Freedom of May-23 Freedom of Association Collective Bargaining The employer failed to The unions, factory management and Collective implement the following and CODEVI administration should Bargaining provisions od the CBA meet to discuss a plan to implement all the articles in the CBA. [page 265] May-23 Contracts and Human Contracting Procedures A review of worker contracts The contracts for apprentice Resources revealed that the apprentice should be submitted to MAST for contracts were not approved Approval. as legally mandated. May-23 Working Time Leave Employer provides less than Provide pregnant women with 12 12 weeks of maternity leave to weeks of maternity leave as pregnant workers. mandated by law. May-23 Working Time Regular Hours The regular working hours are The June 13 decree puts the 3*8 exceed the legal limit. law on pause. The factory has a CBA which allows it to work a regular day of 9h plus the lunch hreak May-23 Occupational Safety and Emergency less than 10 percent of Schedule training to cover at least Health Preparedness workers were trained in fire- 10% of the workforce. fighting equipment. May-23 Occupational Safety and Emergency Fire drills are not conducted Conduct a fire drill every six Health Preparedness on twice a year as months. recommended by Better Work. May-23 Occupational Safety and Emergency Obstructed aisles in several They need to organize the factory Health Preparedness areas of the building. floor properly to ensure that aisles remain unobstructed May-23 Occupational Safety and Emergency The evacuation plan does not The factory needs to paint the Health Preparedness reflect the layout of the floor. escape routes on the floor, prepare Evacuation routes need to be the evacuation plan and post it on marked. The emergency exit the factory floor. Install emergency doors are missing the lights in the emergency exits. emergency light. May-23 Occupational Safety and Emergency Improper Maintenance of fire Inspect the fire extinguishers Health Preparedness extinguisher. regularly and place the proper inspection tag. May-23 Occupational Safety and Emergency There is no alarm install in Install an alarm system and smoke Health Preparedness building 2. detectors in the building. May-23 Occupational Safety and Health Services and The total number of workers The factory needs to provide Health First Aid trained in first aid is less than training to at least 10% of the 10 percent of the workforce as workers. The should develop a recommended by Better Work. _ training plan to provide the training gradually until they reach or exceed 10% of the workforce. [page 266] May-23 Occupational Safety and Health Services and The assessors did not notice The factory needbs install first aid Health First Aid any first aid box on the floor boxes, as appropriate, implement a of the building Top Choice 2. system to 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 availahle at all May-23 Occupational Safety and Health Services and Management needs to discuss Management expressed that Health First Aid their needs CODEVI workers have access to use administration. the medical facilities of the industrial park. May-23 Occupational Safety and Health Services and No evidence of annual medical The factory should pay OFATMA on Health First Aid checks were present in time and include the payment of worker's files. 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 No evidence of medical checks The factory should pay OFATMA on Health First Aid for workers exposed to work- time and include the payment of related hazards were present the CDS. The factory should in worker's files. request that OFATMA performs the medical exam and provide the health card to the workers. May-23 Occupational Safety and Health Services and Worker interviews across the The factory should pay OFATMA on Health First Aid factory confirmed they did not time and include the payment of receive the health cards within the CDS. The factory should the first 3 months of hiring. request that OFATMA performs the medical exam and provide the health card to the workers. May-23 Occupational Safety and Welfare Facilities The employer does not have The factory needs to discuss with Health its own eating area, instead CODEVI administration to find workers use the communal additional spaces to accommodate eating areas shared with other the workers during lunch. factories within CODEVI (industrial park). May-23 Occupational Safety and Welfare Facilities Insufficient number of toilets. The factory need to discuss with Health the administration of CODEVI to finds ways to increase the number of toilets. [page 267] May-23 Occupational Safety and Working Environment The assessors noticed thatthe The factory need to have a system Health packing area was not clean where the factory floor is cleaned and tidy. on a regular basis. May-23 Occupational Safety and Working Environment Insufficient light level in The factory needs to ensure that Health several areas of the the light level is appropriate in all workspace. sections of the factory floor. May-23 Occupational Safety and Worker Protection Improper maintenance of The factory needs to make sure Health machinery. that all 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 appropriate PPE to all Health provide all the necessary PPE workers. Implement a system to to all workers. ensure that PPE are used when necessary. May-23 Occupational Safety and Chemicals and No eye wash station has been Install an eye wash facility in the Management they are Health Hazardous Substances installed where chemicals are compressor room of the second training a new compliance used and stored. building Top Choice 2. officer to check and report these issues. May-23 Occupational Safety and Chemicals and The vacuum machine Make sure that the vacuum Health Hazardous Substances observed in the spot cleaning machine is functioning to prevent of the building Top Choice 1, is worker exposure to chemical not working. products. May-23 Occupational Safety and Chemicals and MSDS's are missing for several Define who is responsible to Health Hazardous Substances chemical and hazardous acquire and keep the MSDS for all products. 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 May-23 Occupational Safety and Chemicals and Unlabeled containers of The factory should assign a person Health Hazardous Substances chemical and hazardous to be in charge of the inventory; substances found in the ensure that all product are workspace. properly labelled. [page 268] May-23 Occupational Safety and Chemicals and Inaccurate inventory of The factory should review its Health Hazardous Substances chemical and hazardous inventory management system to substances. 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 ofthe average Pay the lunch break. The June 13 decree suspends Resources salary for the payment of the the 3*8 law. The lunch break annual salary supplement payment is no longer upon termination does not required. include the lunch break navment May-23 Contracts and Human Termination The calculation ofthe average Pay the lunch break. The June 13 decree suspends Resources salary for the payment of the the 3*8 law. The lunch break unused paid annual leave payment is no longer upon termination does not required. include the lunch break payment. May-23 Contracts and Human Termination The calculation of the average Pay the lunch break. The June 13 decree suspends Resources salary for the payment of the the 3*8 law. The lunch break applicable notice period does payment is no longer not include the lunch break required. payment. May-23 Compensation Social Security and The employer does not pay The factory needs to submit The June 13 decree suspends Other Benefits the required employer employer's contributions to ONA the 3*8 law. The lunch break contributions to ONA. within the first 10 working days of payment is no longer the following month for the required. previous month's payment. Calculate deductions based on average daily salary (BASIC SALARY). Exclude overtime May-23 Compensation Social Security and The factory is not register for The factory needs to register all Other Benefits OFATMA maternity and health workers for OFATMA maternity and insurance. health insurance May-23 Compensation Social Security and Other Benefits May-23 Compensation Social Security and The employer collects but The factory needs to submit Other Benefits does not forward workers’ to payment to ONA within the first 10 ONA on time. working days of the following month for the previous month's payment. Calculate deductions based on average daily salary (BASIC SALARY). Exclude overtime [page 269] May-23 Compensation Social Security and Workers' pay slips for the last Factory needs to register for Other Benefits 3 months are not sent to OFATMA and make the necessary OFATMA for payment of sick contributions regularly. and maternity leave. May-23 Compensation Social Security and The calculation ofthe average Pay the lunch break The June 13 decree suspends Other Benefits salary for the annual salary the 3*8 law. The lunch break supplement does not include payment is no longer the lunch break payment. required. May-23 Compensation Social Security and The factory is affiliated with The factory needs to pay OFATAMA Other Benefits OFATMA for work related for work related accident insurance accident and the factory has on time. Should they have an not completed the payment agreement with OFATMA for for the fiscal year 2022-2023. 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 Pay the lunch break and include all The calculation of the based on average daily earning in the calculation of the average daily salary must earnings. Furthermore, the average daily salary. include all earnings, except calculation does not include the lunch break payment, the lunch break payment. which is no longer required. Overtime does not need to be inclided May-23 Compensation Paid Leave The lunch breaks is not Pay the lunch break. The 3*8 Law stated that the compensated 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 reauired. May-23 Compensation Paid Leave The factory compensated The factory needs register all The calculation of the workers for 6 weeks of workers with OFATMA for average daily salary must maternity leave. In addition, maternity and health insurance, include all earnings, except the calculation does not deduct the proper amount and the lunch break payment, include the lunch break submit it to OFATMA on a monthly which is no longer required. payment. basis. For pregnant workers, the Overtime does not need to factory should send their last pay be included. slips to OFATMA for their maternity D May-23 Compensation Paid Leave The calculation of the average Pay the lunch break The June 13 decree suspends salary for the annual leave the 3*8 law. The lunch break payment does not include the payment is no longer lunch break payment. required. [page 270] BETTER WORK HAITI - 27TH SYNTHESIS REPORT . Factory: Uniwell Apparel, LLC. Location: Ouanaminthe Number of workers: 543 Date of registration: Jan-20 Date of last two Better May-23 May-24 Wark ascasements: Advisory and Training Services 26-Jun-24 Industry Seminar Virtual Supervisory Skills 26-Mar-24 Industry Seminar Virtual Supervisory Skills 26-Mar-24 Advisory services 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 23-Feb-24 Advisory services Virtual meeting to conduct a session on role and responsibilities of the bipartite committee. Follow up on compensation and OSH internal assessment. Review and validate pending issues in the Improvement plan. 23-Nov-23 Advisory services Factory tour to verify the changes in the layout and share recommendations2) Bipartite meeting on different priorities3) Documentations review such as training records, internal audit, chemicals inventory and accident reports 20-Sep-23 Industry Seminar Human Resources Management (HRM) 13-Sep-23 Advisory services Conduct a factory OSH tour with a focus on emergency preparedness, interview with OSH committee members to understand the root causes of Persistent OSH non compliance. 8-Sep-23 Industry Seminar Negotiation Skills 31-Aug-23 Industry Seminar Industrial Relations 28-Jul-23 Industry Seminar Virtual Preventing and Addressing Sexual Harassment for Middle Management 27-Jul-23 Advisory services Meeting to conduct a session with the compliance to review the action plan for Persistent non compliances and the improvements that have been made after the assessment. Meeting with the bipartite committee to validate the improvement plan. Conduct OSH tour on chemical management COMPLIANCE DETAILS OF NON ASSESSMENT CLUSTER COMPLIANCE POINT COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment May 2024 May-24 Occupational Safety OSH Management The factory does not have an Develop the policy in 40 and Health Systems adequate OSH policy that is consultation with workers and signed by top management. their representatives and include measurable objectives and improvement targets in the [page 271] May-24 Occupational Safety OSH Management The factory does not have an Develop a hazard/risk 40 and Health Systems adequate hazard/risk management and control management and control procedure that includes:- A procedure. 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 The factory does not have an Develop an accident 40 and Health Systems accident investigation investigation procedure that procedure. includes: - Root cause analysis - Focus on sustainable solutions - Implementation of changes in order to avoid reoccurrence May-24 Occupational Safety OSH Management Management did not define - Appoint an OSH officer with 40 and Health Systems accountability and/or sufficient expertise responsibilities for OSH - Ensure effective functioning of officer as well as top the OSH committee May-24 Contracts and Employment Contracts The factory does nothavea Translate the procedure in local 40 Human Resources an adequate grievance language and ensure it include handling and dispute anonymity. resolution procedures. May-24 Contracts and Employment Contracts The factory does not have an review the policy to include :- 40 Human Resources HR policy that is signed by The right to representation top management with a clear during disciplinary processes;- commitment to meet all legal Timeframe for payments. requirements. May-24 Contracts and Employment Contracts The employer did not share Develop a procedure on HR 40 Human Resources evidence related to violations system performance indicator. of HR policies and procedures. May-24 Contracts and Employment Contracts The communication on HR Provide Induction training for 40 Human Resources policies and procedures does workers and staff. Post Policies not include Induction allthe and internal regulations in the necessary steps. factory. May-24 Working Time Overtime A review of documents Request prior authorization from 2 revealed that the factory had MAST to perform overtime. no prior authorization from MAST to perform overtime. [page 272] May-24 Working Time Overtime A review of documents Request prior authorization from 2 revealed that the factory had MAST to perform overtime on no prior authorization from Sundays. MAST to perform overtime on Sundays. May-24 Working Time Overtime The factory did not obtain Request prior authorization from 2 prior authorization from MAST before working overtime. MAST to perform overtime. According to the law, only MAST can determine the necessity and approval for May-24 Working Time Regular Hours The internal work rules are Ensure the working hours are 2 not aligned with the actual aligned with the internal work working hours. rules. May-24 Working Time Regular Hours The regular daily or weekly Change the regular daily or 2 hours exceed the legal limit weekly hours to comply with the and therefore do not comply labor code. with the labor code. May-24 Occupational Safety Emergency Preparedness Less 10 percent of worker in Train at least 10 percent of 40 and Health the use of firefighting worker in the use of firefighting equipment. equipment. May-24 Occupational Safety Emergency Preparedness During the evaluation visit, -Post appropriate safety Safety warnings has been 15 and Health the assessors noticed sources warnings in the workplace. posted around the workplace. of ignition not properly - Include this aspect in the daily- safeguarded. weekly checklist May-24 Occupational Safety Emergency Preparedness During the factory tour, - Paint evacuation arrows and 40 and Health assessors observed thatthe signs floor needs to be remarked in - Paint yellow lines on the floor the packing and warehouse to show the exit pathway area. May-24 Occupational Safety Emergency Preparedness Although the factory has Provide adequate firefighting All fire extinguishers have 40 and Health enougph fire extinguishers equipment. Ensure regular been inspected installed, the fire extinguisher maintenance. on the forklift did not have any inspection tag. May-24 Occupational Safety Health Services and First The number of workers Train at least 10 percent of 40 and Health Aid trained in first aid is less than workers in first Aid. 10% as recommended by [page 273] May-24 Occupational Safety Health Services and First The factory does not have an Make a contract with a health 40 and Health Aid onsite medical facilities and care unit in the surroundings or staff as required by art. 478 Hire the required medical staff. and 479 of the labor code. May-24 Occupational Safety Health Services and First No evidence of annual Pay the health card to OFATMA 40 and Health Aid medical checks were present for all workers and request in worker's files. medical checks for all workers. May-24 Occupational Safety Health Services and First Workers interviews revealed Provide free health checks to 40 and Health Aid that workers who have been workers who have been exposed exposed to work-related to work-related hazards twice a hazards did not receive two year. free health on a yearly basis. May-24 Occupational Safety Health Services and First Worker interviews revealed Pay the health card to OFATMA 40 and Health Aid that employees did not for all workers and request receive health cards within medical checks for newly hired the first three months of workers. hiring. May-24 Occupational Safety Welfare Facilities The water test is not Conduct the water test monthly. 40 and Health conducted on a monthly basis by a certified laboratory. May-24 Occupational Safety Welfare Facilities Insufficient number of toilet. Increase the number of toilets 40 and Health based on the workforce as required by law. May-24 Occupational Safety Worker Protection The assessors observed 8 Provide chairs with backrest to 2 and Health chairs found without back workers. rest. May-24 Occupational Safety Worker Protection During the factory tour, the Insulate the exposed electrical The exposed wire has been 2 and Health assessors noticed exposed wires. removed. wires in the compressor May-24 Occupational Safety Worker Protection 70% of single needle Define who is in charge of 2 and Health machines are missing finger _ installing & regularly guards. maintaining the machine guards. May-24 Occupational Safety Worker Protection Proper PPE is not provided to Provide safety belt for workers 40 and Health all workers. doing heavy lifting in the cutting department. [page 274] May-24 Occupational Safety Chemicals and Hazardous An eye wash station is not Provide eye wash bottles. Eye wash bottles have been 40 and Health Substances installed in all areas where Specify who will conduct regular installed in the mechanic chemical and hazardous checks of the functioning ofthe workshop. products are used and eyewash and include this in the stored. system of daily-weekly checks. May-24 Occupational Safety Chemicals and Hazardous The spot cleaning area lacks 1. Improve isolation from the 40 and Health Substances proper conditions to prevent chemical and have a separate workers from unnecessary room for spot cleaning exposure to chemicals. 2. Repair the vacuum May-24 Occupational Safety Chemicals and Hazardous MSDS is not available for all Keep MSDS for all hazardous 40 and Health Substances chemicals product. chemicals used in the workplace. May-24 Occupational Safety Chemicals and Hazardous The inventory of chemical Assign responsible persons for 40 and Health Substances and hazardous products is updating inventories of incomplete. hazardous substances in the various locations where they are stored or used. May-24 Contracts and Termination The employers pays workers Include the weekly rest day 2 Human Resources their annual salary payment in the calculation for supplement upon annual salary supplement upon termination. However, the termination. calculation of the average earnings does not include the May-24 Contracts and Termination The calculation of the Include the weekly rest day 2 Human Resources payment for unused paid payment in the calculation of annual leave upon unused paid annual leave when termination does not include they resign or are terminated. the weekly rest day payment. May-24 Contracts and Termination The calculation of the Include the weekly rest day 2 Human Resources average earnings for the payment in the calculation of the applicable notice period notice period when the time is when the time is not not provided. provided is not accurate. May-24 Contracts and Employment Contracts The factory has internal work Translate the internal work rules 40 Human Resources rules, which have not been in local language and send it to approved by the Ministry of MAST for approval. Labor. May-24 Contracts and Employment Contracts Worker's contract does not Review and update Worker's 2 Human Resources comply with the labor code. contract including the duration of the workday and the hours during which it must be [page 275] May-24 Compensation Social Security and Other The factory does not submit Submit workers" pay slips to 40 Benefits workers’ pay slips to OFATMA OFATMA for sick leave or for sick leave or maternity maternity leave payments. leave payments. May-24 Compensation Social Security and Other The employer is affiliated Register with OFATMA for 40 Benefits with OFATMA for maternity maternity and health insurance. and health insurance. Then collect and forward the However, no proof of contributions monthly. payment was shared with the May-24 Compensation Social Security and Other The factory has not Forward employer contribution 40 Benefits submitted the required to ONA for 2023 and 2024. employer contribution to ONA in 2023 and 2024. May-24 Compensation Social Security and Other The employer is affiliated Register with OFATMA for 40 Benefits with OFATMA for maternity maternity and health insurance. and health insurance. However, no proof of payment was shared with the assessors. May-24 Compensation Social Security and Other The factory has not Forward workers" contribution 40 Benefits forwarded the workers" to ONA on Time as required by contribution to ONA in 2023 law. and 2024. May-24 Compensation Social Security and Other The employer pays workers Include the weekly rest day 40 Benefits for annual salary supplement payment in the calculation for or bonus. However, the annual salary supplement or calculation does not include bonus. the weekly rest day payment. May-24 Compensation Social Security and Other The factory is affiliated with Pay OFATMA work related 40 Benefits OFATMA for accident accident on time for the fiscal insurance and paid 50 year 2023-2024 including the percent of the fiscal year 2023- health card (CDS). 2024 including the health card (CDS). May-24 Compensation Paid Leave Non working holiday Calculate the payroll for non 2 payment is not based on the working holiday on the average average earning but on the earning. CODEVI's agreed minimum wage of reference. [page 276] May-24 Compensation Paid Leave The weekly rest day is Pay the rest day when worker 2 compensated, when workers … works for 48 hours or 6 accumulate 48 hours within consecutive days. five days or less. May-24 Compensation Paid Leave The factory has only paid 6 Pay the rest day when worker 40 weeks of maternity leave, works for 48 hours or 6 whereas eligible workers are consecutive days and include the entitled to 12 weeks of paid payment in the calculation of the leave. average salary for maternity lasua May-24 Compensation Paid Leave Sick leave payment is not Include the weekly rest day 40 paid on the average earning payment in the calculation of since it does not include the sick leave payment. weekly rest day payment. May-24 Compensation Paid Leave The annual leave calculation Include the weekly rest day 40 is not based on the average payment in the calculation of daily earning and does not annual leave. include the weekly rest day. May-24 Compensation Wage Information, Use Some employees were not Register hours of overtime for 2 and Deduction compensated for overtime workers on fix salary and the while they confirm to non-production workers. Then, perform overtime. pay overtime hours worked as required bv law. May-24 Compensation Premium Pay Although the employer pays Make adjustments in the payroll 2 50 percent above the normal system and ensure that payment wage on legally mandated legally mandated holidays is holidays, the payment is based on the average salary and based on the agreed basic include production incentives. salary and does not include production salary, incentives and wealluy ract dau naumant May-24 Contracts and Termination The employers pays workers Include the weekly rest day 2 Human Resources their annual salary payment in the calculation for supplement upon annual salary supplement upon termination. However, the termination. calculation of the average earnings does not include the May-24 Compensation Overtime Wages The ‘employer does not pay Make adjustments in the payroll 2 workers 100 percent above system and ensure that overtime the normal wage for hours worked on legally overtime hours worked on mandated holidays are paid 100 legally mandated holidays. percent above normal wage. [page 277] May-24 Contracts and Termination The calculation of the Include the weekly rest day 2 Human Resources average earnings for the payment in the calculation of payment of unused paid unused paid annual leave when annual leave does not include they resign or are terminated. the weekly rest day payment. May-24 Compensation Overtime Wages Assessors noted that Make adjustments in the payroll 2 overtime performed beyond system and ensure that overtime 6 pm, workers not paid the work hours performed beyond 6 night time increase rate. PM for day shift are paid 100 percent above normal wage May-24 Freedom of Collective Bargaining The factory failed to Implement all provisions of the 40 Association and implement some provisions collective agreement. Collective Bargaining of the collective agreement. Assessment May 2023 May-23 Occupational Safety Chemicals and Hazardous The inventory of chemical Assign responsible persons for 27 and Health Substances and hazardous products is updating inventories of incomplete. hazardous substances in the various locations where they are stored or sed May-23 Occupational Safety Chemicals and Hazardous Unlabeled containers of Define who control the chemical 27 and Health Substances chemicals. container on receipt from supplier and control the label. May-23 Occupational Safety Chemicals and Hazardous Chemicals are not properly Issue instruction on proper 2 and Health Substances stored. storage. May-23 Occupational Safety Chemicals and Hazardous MSDS not available for all Keep chemical MSDS for all 27 and Health Substances chemicals product. hazardous chemicals used in the workplace. May-23 Occupational Safety Chemicals and Hazardous MSDS not available for all Relocate the spot cleaning 27 and Health Substances chemicals product. section or ensureit is in an isolated area. May-23 Occupational Safety Chemicals and Hazardous The factory did not show Provide training to workers on A training has been conducted 27 and Health Substances evidence of chemicals and chemical management. in July 2023 on PPE and hazardous substances chemical handling. training in the last 12 months. May-23 Occupational Safety Chemicals and Hazardous Eye wash stations are not Install eye wash facilities were 27 and Health Substances available in all arD92:D96eas chemicals are used where chemical products are Include this aspect in the daily used. and weekly checks. [page 278] May-23 Freedom of Collective Bargaining Violation of the CBA. Discuss legal requirements with 27 Association and the factory Manager and register Collective Bargaining all workers for maternity and Health Insurance. May-23 Occupational Safety Emergency Preparedness There is no smoke detector Install smoke detector in the 27 and Health installed in the garbage garbage warehouse, warehouse, where combustion materials such as cardboard boxes and plastic May-23 Occupational Safety Emergency Preparedness Improper maintenance of fire Request an annual fire fighting 27 and Health extinguishers. maintenance report conducted by a certified company. May-23 Occupational Safety Emergency Preparedness Emergency exits are not Provide additional training for The fabric has been 27 and Health accessible. 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 Conduct at least 2 emergency The last fire drill was 27 and Health twice a year as drill per calendar year with the conducted in July 2023. recommended. authorities (incl. full evacuation of the workforce). May-23 Occupational Safety Emergency Preparedness Combustible materials are Store cardboard boxes and 2 and Health not properly stored. wood in other area away welding and grinding activities. May-23 Occupational Safety Emergency Preparedness A significant amount of fabric Provide additional training for The fabric has been removed 2 and Health pieces were observed stored workers and supervisors on and warning signs are posted beneath electrical panels. electrical safety. on the factory floor. May-23 Occupational Safety Emergency Preparedness The employer did not show Train at least 10 percent of the 27 and Health evidence of fire-fighting workforce. training for workers in the Develop a monitoring log. last 12 months. May-23 Contract and Human Employment Contracts The factory does not have an Review the internal work rules. 27 Resources internal work rules approved Send the document to MAST for by the Ministry of Labor. approval. Ensure that all the pages are stamped. [page 279] May-23 Contract and Human Employment Contracts The factory does not have an Develop an HR policy that is 27 Resources HR policy that is signed by signed by top top management with 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 for OSH officer as responsibilities for OSH well as top management. officer as well as top management. May-23 Contract and Human Employment Contracts The communication on HR Conduct Induction training for 27 Resources policies and procedures does workers. not include Induction allthe Provide Staff training on how to necessary steps. carry out policies and procedures. Display policies and internal May-23 Contract and Human Employment Contracts HR job descriptions, Define responsibility in writing 27 Resources reporting lines, description of such as job descriptions, job duties and authority and reporting lines, description of performance evaluations are job duties and authority and not available. performance evaluations. May-23 Contract and Human Employment Contracts Disciplinary and termination Include the following points in 27 Resources procedures not adequate. the 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 27 Resources recruitment procedure. procedure that include: Hiring criteria that are applied equally to all job applicants. May-23 Occupational Safety Health Services and First Worker interviews across the Pay the health cards and request 27 and Health Aid factory confirmed they did OFATMA to conduct the health not receive the health cards checks. within the first 3 months of May-23 Occupational Safety Health Services and First No evidence of medical Conduct the health checks twice 27 and Health Aid checks for workers exposed a year. to work-related hazards were present in worker's files. [page 280] May-23 Occupational Safety Health Services and First No evidence of annual Pay the health cards and request 27 and Health Aid medical checks were present OFATMA to conduct the health in worker's files. checks. May-23 Occupational Safety Health Services and First The factory does not have an Set up a clinic approved by the 27 and Health Aid onsite medical facilities and Authorities or Hire the required staff as required by art. 478 medical staff. and 479 of the labor code. May-23 Occupational Safety Health Services and First Some first-aid box are Provide training to workers to 27 and Health Aid obstructed and some are ensure that the first-aid boxes missing the checklist to remain unobstructed. ensure proper supply. May-23 Occupational Safety Health Services and First The number of workers Train at least 10 percent of the 27 and Health Aid trained in first aid is less than workforce 10% as recommended by Develop a monitoring log. May-23 Working Time Leave Pregnant workers do not go Send workers on maternity leave 27 on leave 6 weeks before 6 weeks before giving birth. giving birth. May-23 Occupational Safety OSH Management OSH assessments have not Conduct monthly OHS risk 27 and Health Systems been conducted during the assessments in all the various past twelve months. The sections of the factory including factory did not share any preventive and remediation reports with assessors. action. May-23 Occupational Safety OSH Management The factory did not share any Establish an OSH committee. 27 and Health Systems list of health committee Then inform workers about its members and meeting existence. minutes for the last 12 months. May-23 Occupational Safety OSH Management The factory did not share any Request a structural safety 27 and Health Systems structural safety certificate certificate from the city hall. with assessor. May-23 Occupational Safety OSH Management Management did not define Define accountability and/or The factory appointed a new 27 and Health Systems accountability and/or responsibilities for OSH officer as OSH officer and the OSH responsibilities for OSH well as top management. committee has been officer as well as top implemented. management. May-23 Occupational Safety OSH Management The factory does not Display OSH policies and work and Health Systems effectively communicates and instructions in the workplace. implements OSH policies. Post of evacuation plans in all buildings [page 281] May-23 Occupational Safety OSH Management The employer does not Investigates monitors and 27 and Health Systems investigates monitors and measures OSH issues through: measures OSH issues. Regular test, survey and inspections. May-23 Occupational Safety OSH Management The factory does not have an Develop an accident The factory assigned an OSH 27 and Health Systems accident investigation investigation procedure that officer and the procedure has procedure. includes: Implementation of been developed and validated. changes in order to avoid May-23 Occupational Safety OSH Management The factory did not share a Develop a risk management The risk procedure include: 27 and Health Systems hazard/risk management procedure that include: A systematic approach to procedure with the assessors. A systematic approach to identifying hazards, a structure identifying hazards, a risk to prioritize risks and a register, a structure to prioritize hierarchy of controls. risks and a hierarchy of controls . May-23 Occupational Safety OSH Management The factory does not have an Develop the policy in 27 and Health Systems adequate OSH policy that is consultation with workers and signed by top management. their representatives which include measurable objectives and improvement targets. May-23 Compensation Paid Leave The calculation of the Pay the lunch break. The June 13 decree suspends 27 average salary for the the 3*8 law. The payment of payment of annual leave the lunch break is no longer does not include the payment required. of the lunch break. May-23 Compensation Paid Leave The factory did not submit Register with OFATMA for 27 the sick leave payment maternity and health insurance. records to assessors, to allow Send workers" pay slip to them to verify the if sick leave OFATMA for sick leave payment. payments are made correctly. May-23 Compensation Paid Leave The factory only paid 6 weeks Register with OFATMA for 27 of maternity leave where maternity and health insurance. workers are entitled to 12 Send workers" pay slip to weeks of payments. OFATMA for maternity leave payment. May-23 Compensation Paid Leave The lunch break is not Pay the lunch break. The June 13 decree suspends 27 compensated in the payroll. the 3*8 law. The payment of the lunch break is no longer required. [page 282] May-23 Working Time Regular Hours The regular working hours Ensure that regular hour do not The June 13 decree suspends 27 are from 6:30 AM to 4:30 PM exceed 48 hours per week. the 3*8 law. The payment of including a 1 hour daily break the lunch break is no longer an , 5 days a week, which is integral part of the work day. equivalent to 10 hours per day and 50 hours per week. May-23 Working Time Regular Hours During the assessment visit, Post the factory's working hours 27 assessors noticed that the for all shifts including break employer has not postedthe time. factory's working hours for all shifts including break time. May-23 Compensation Social Security and Other The factory is affiliated with Keep record of the salary 27 Benefits OFATMA for work related statement send to OFATMA. accident and the factory has Pay OFATMA work related not completed the payment accident on time. for the fiscal year 2022- 2023. May-23 Compensation Social Security and Other The calculation of the Pay the lunch break. The June 13 decree suspends 27 Benefits average salary for the the 3*8 law. The payment of payment of the annual salary the lunch break is no longer supplement does not include required. the lunch break payment. May-23 Compensation Social Security and Other The last payment made to Calculate ONA deduction on 27 Benefits ONA was done in September Workers' basic salary of 2022. Forward worker's and employers' contribution to ONA within the first 10 business days of the next month for the May-23 Compensation Social Security and Other The factoryis registered with Register with OFATMA for 27 Benefits OFATMA for maternity and maternity and health insurance. health insurance. Send worker's and employer's Management share proof of contributions to OFATMA, for payment for the employer's maternity and health insurance. portion made for the month of February 2022. May-23 Compensation Social Security and Other The last payment made to Calculate ONA deduction on 27 Benefits ONA was done in September Workers' basic salary of 2022. Forward employers' contribution to ONA within the first 10 business days of the next month for the previous month [page 283] May-23 Compensation Social Security and Other The factoryis registered with Register with OFATMA for 27 Benefits OFATMA for maternity and maternity and health insurance. health insurance. Collect and forward Management share proof of contributions from workers payment for the employers salary for maternity and health portion made for the month insurance of February 2022. May-23 Compensation Social Security and Other The factory does not send Register with OFATMA for 27 Benefits workers' pay slip to OFATMA maternity and health insurance. for maternity or sick leave Send workers’ pay slip to payments. OFATMA for maternity or sick leave payments. May-23 Compensation Termination The employers pays workers Pay the lunch break. The June 13 decree suspends 27 their unused paid leave upon the 3*8 law, so Better Work is termination. not finding non-compliance for non-payment of the lunch break. May-23 Compensation Termination The calculation of the Pay the lunch break. The June 13 decree suspends 27 average salary for the the 3*8 law. The payment of payment of the annual salary the lunch break is no longer supplement upon required. termination does not include May-23 Occupational Safety Welfare Facilities insufficient number oftoilet. Discuss legal requirements with 27 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 Conduct the water test monthly. 27 and Health conducted on a monthly basis by a certified laboratory. May-23 Occupational Safety Welfare Facilities The eating areas do not have Provide an eating Area that can 27 and Health the capacity to accommodate accommodate all the workers all workers even if the factories have different lunch schedules to decrease agglomeration of workers. May-23 Occupational Safety Worker Protection The employer has not Provide employees with all 27 and Health provided proper PPE to all necessary personal protective workers. clothing and equipment according to PPE regulation. [page 284] May-23 Occupational Safety Worker Protection The employer representative Develop a training plan and 27 and Health did not provide records of conduct training on PPE. PPE training sessions for the workers in the last 12 months. May-23 Occupational Safety Worker Protection During the factory tour, the Post warning signals and safety 27 and Health assessors noticed there is no precautions where chemicals warning signals and safety containers are stored. precautions where chemicals containers are stored. May-23 Occupational Safety Worker Protection Shock absorbing mats are not Provide anti fatigue mats for 27 and Health available for all standing standing workers. workers at Heat Transfer section. May-23 Occupational Safety Working Environment Lux level is insufficient in the Increase the lux level with 27 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 Increase the ventilation with 27 and Health Cin the workplace. additional fans. Specify who is in charge of regular maintenance of the fans and conduct regular measurement of temperature & compare with threshold value. May-23 Occupational Safety Working Environment Most of the aisles in the fabric Provide additional space for 27 and Health and trims warehouse were storing goods, rearranging the obstructed by bundles of storage room. fabric and trim boxes. [page 285] BETTER WORK HAITI - 27TH SYNTHESIS REPORT ., Factory: The Willbes Haitian 2A S.A. Location: Port-au-Prince Number of workers: 1,218 Date of registration: Sep-10 Date of last two Better Oct-22 Oct-23 Work assessments: Notes : Factory experienced several days of closures due to lack of materials. Security unrest made it difficult for them to receive and ship goods. Advisory and Training Services 23-Apr-24 Advisory services 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 services 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 shortage of raw materials. 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 08-Dec-23 Industry Seminar Virtual Awareness on Convention 190 & Recommendation 206 28-Nov-23 Advisory services Meeting with Management and Trade union on an social dialogue. Trade union members report an incident that happened with the HR manager. Senior management will follow up and address the situation. 16-Nov-23 Industry Seminar Virtual Grievance Policy on Violence and Harassment 09-Nov-23 Advisory services Meeting with the compliance team to train them on the PR1 and follow up on improvements. Meeting with the OSH committee on the responsibilities of the OSH committee. EA review 5 whys technique with members with practical example on their OSH monitoring tasks. 13-Oct-23 Industry Seminar Virtual Leadership Skills 28-Jul-23 Industry Seminar Virtual Preventing and Addressing Sexual Harassment for Middle Management 24-jul-23 Advisory services Meeting with the compliance team on the Improvement plan. There were very few updates. Compliance to share evidence of remediations. EA also explain regarding the 3x8 being amended and its implications. 21-Jul-23 Industry Seminar Virtual Preventing and Addressing Sexual Harassment for Workers 21-Jul-23 Industry Seminar Virtual Preventing and Addressing Sexual Harassment for Supervisory ASSESSMENT COMPLIANCE COMPLIANCE POINT DETAILS OF NON IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS CLUSTER COMPLIANCE Assessment October 2023 Oct-23 Occupational Safety OSH Management Systems The OSH policy is not signed by Ensure to have a OSH policy Facility already has the OSH policy 20 and Health top management and does not signed by top management. signed by top management. establish measurable objectives and improvement Oct-23 Occupational Safety OSH Management Systems The factory does not have an Develop an adequate hazard/risk 20 and Health adequate hazard/risk management and control management and control procedure. procedures. [page 286] Oct-23 Occupational Safety OSH Management Systems Management did not show Ensure to file evidence that Facility performed OSH inspection on 20 and Health evidence of that the employer management investigates and a monthly basis. files are kept. investigates monitors and monitors OSH issues through: measures OSH issues. regular test, survey and inspections; Logging and analysis of violations of procedures; Regular management review of effectiveness of management system including performance on Oct-23 Occupational Safety OSH Management Systems Management has not assigned Ensure to assign accountability at 20 and Health accountability at the level of the level of OSH committee for OSH committee for carrying carrying out Health and Safety out Health and Safety responsibilities. Oct-23 Contracts and Human Employment Contracts The disciplinary and Include the missing elements in 11 Resources termination procedures are not the disciplinary and termination adequate. procedures. Oct-23 Contracts and Human Employment Contracts No evidence of performance Establish proper performance 11 Resources evaluation procedures nor any evaluation procedures and investigations for violations of evidence of investigations for Human Resources policies and violations of HR policies and procedures. procedures to identify weaknesses and make necessary adjustments. Oct-23 Occupational Safety Health Services and First Insufficient number of nurses. Ensure that the medical staff can 135 and Health Aid service the worker's needs. Oct-23 Occupational Safety Welfare Facilities During the assessment visit Ensure that soap is available in the Facility has provided soap, in the 11 and Health soap was not available in 2 restrooms. toilets, at all time. buildings. Oct-23 Occupational Safety Welfare Facilities Insufficient functioning toilets Ensure to have appropriate 50 and Health for women. numbers of toilets for men and women. Oct-23 Occupational Safety Working Environment The level of lighting was Ensure that lux level are adequate 58 and Health insufficient in sewing and in all section of the workplace. cutting sections. Oct-23 Occupational Safety Working Environment The temperature level Ensure that the temperature levels 58 and Health exceeded 30C in several do not exceed 30 C. sections. Oct-23 Occupational Safety Worker Protection Standing mats were not Provide standing mats to workers Standing mats and chairs with 28 and Health provided to some workers in in the inspection section and backrest are provided to workers. the inspection section. Also, ensure that workers are provided several chairs were without chairs with backrests. backrest in another building. [page 287] Oct-23 Occupational Safety Worker Protection Management did not provide Provide ladder for the storage of A ladder was provided to workers in 11 and Health ladder for the storage of boxes boxes in the trim warehouse. the trim warehouse. in the trim warehouse. Oct-23 Occupational Safety Chemicals and Hazardous Assessors found machine oil Ensure that all chemical used and Machine oil was provided with MSDS. 50 and Health Substances without chemical safety data stored in workplace have their sheets in the chemical MSDS. warehouse. Oct-23 Occupational Safety Chemicals and Hazardous Assessors found unlabeled Ensure that all chemicals and All chemical containers are properly 50 and Health Substances chemical containers in a toilet hazardous substances are labeled. and the spot cleaning area of properly labeled. two buildinqgs. Oct-23 Occupational Safety OSH Management Systems Management did not provide a Ensure to have the building 11 and Health structural safety certificate, and structural safety certificate readily assessors observed cracks in accessible. the chemical warehouse but could not verify the safety issues for workers. Oct-23 Contracts and Human Termination The annual leave payment Ensure that annual leave upon 28 Resources upon termination is not termination is based on the calculated on the average daily average daily earnings. Oct-23 Contracts and Human Employment Contracts The internal work rules does Ensure that the internal work rules 28 Resources not cover the break times, cover all categories of workers and different categories of workers their benefits. and their wages, date and time for wage payment. Oct-23 Compensation Paid Leave Documentation as well as Ensure that annual leave is based . 28 workers and management on the average daily earnings. interviews revealed that workers are entitled to full payment of annual leave. Although the annual leave payment is calculated on worker's average salary, it is Assessment October 2022 Oct-22 Occupational Safety OSH Management Systems The employer does not Management should assigned and Health adequately assigns health and accountability at the level of OSH safety responsibilities to HR committee for carrying out Health and Top management. and Safety responsibilities by ensuring effective functioning of the OSH committee. Hold regular meeting and document the maatina [page 288] Oct-22 Occupational Safety OSH Management Systems The employer does not The employer need to investigate and Health adequately investigate and and monitor OSH issues through: monitor OSH issues. did not show evidence of that the employer investigates monitors and measures OSH issues through: Regular test, survey and inspections Logging and analysis of violations of procedures Regular management review of effectiveness of management system including performance on Oct-22 Occupational Safety OSH Management Systems The factory does not have an The employer should review the and Health adequate hazard/risk procedure to include: À systematic management and control approach to identifying hazards. procedure. A structure to prioritize risks based on potential impact and likelihood. A hierarchy of controls that is used to select effective controls. A risk register that drives the implementation of controls. Oct-22 Occupational Safety OSH Management Systems The factory does not have an The OSH policy should be signed and Health adequate OSH Policy. by top management. It should establish measurable objectives and improvement targets. Oct-22 Contracts and Human Termination The annual salary supplement Pay the lunch break payment and The June 13 decree suspendbs all Resources upon termination is not include it in the calculation ofthe provisions of the 3*8 law. The accurate. average daily salary. payment of the lunch break is no longer required. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haïti will not find noncompliance for the requirements [page 289] Oct-22 Contracts and Human Termination The payment for annual leave Pay the lunch break payment and The June 13 decree suspendbs all Resources upon termination is not include it in the calculation ofthe provisions of the 3*8 law. The accurate. average daily salary. payment of the lunch break is no longer required. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haïti will not find noncompliance for the requirements Oct-22 Contracts and Human Termination The payment for the applicable Pay the lunch break payment and The June 13 decree suspendbs all Resources notice period upon termination include it in the calculation ofthe provisions of the 3*8 law. The is not accurate. average daily salary. payment of the lunch break is no longer required. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haïti will not find Oct-22 Contracts and Human Employment Contracts The internal work rules do not Update the internal rules to cover Resources have all the necessary the break times, different elements. categories of workers and their wages, date and time for wage Oct-22 Working Time Regular Hours The employer has not posted Post the working hours for all Facility will ensure to post the the factory's working hours for shifts on the factory floor. working hours including the break all shifts including break time time. [page 290] Oct-22 Child Labor Child Laborer The total number of workers Train the appropriate number of This issue was reported by mistake. trained in fire-fighting is less workers in fire fighting. Fire fighting trainings are always than 10 percent of the conducted with the 10% of the workforce as recommended by workforce. Better Work. List of participants from the last training has been shared. The total is more than 10% Oct-22 Occupational Safety Emergency Preparedness Obstructed emergency exits. Clear all emergency exits of During video tour, advisor noticed all and Health obstruction. emergency exit were cleared. Oct-22 Occupational Safety Emergency Preparedness Inaccurate evacuation plan. Review the evacuation plan to Evacuation plan for the mezzanine of and Health Evacuation plan is not posted include all the sections in the building 43 is posted. Facility will in all building. factory and post it in all the ensure to post evacuation plan for the buildings. mezzanine of building 42. Oct-22 Occupational Safety Emergency Preparedness Insufficient number of fire Ensure that all fire extinguisher Facility ensured to install one fire and Health extinguishers. are present on the floor. Perform extinguisher at cutting section and regular checks of all fire properly maintain all of them. extinguishers. Oct-22 Occupational Safety Health Services and First The total number ofworkers Train the appropriate number of This issue was reported by mistake. and Health Aïd trained in first aid is less than workers in first aid. First aid trainings are always 10 percent of the workforce as conducted with the 10% of the recommended by Better Work. workforce. Factory has sent list of participants from last training. the number total is more than 10% Oct-22 Occupational Safety Health Services and First Insufficient medical staff. Have adequate number of nurses. and Health Aid Oct-22 Occupational Safety Welfare Facilities Factory has not conducted a Conduct a water test on a monthly and Health water test on a monthly basis. basis to ensure that drinking water provided to worker is safe. Oct-22 Occupational Safety Welfare Facilities Insufficient number of toilet for Increase the number of toilet for and Health women. the workforce, as required by law. Oct-22 Occupational Safety Working Environment Level of lighting was Increase light level in the sewing, and Health insufficient in several sections. pressing and cutting section. Oct-22 Occupational Safety Working Environment The noise levels was Keep noise level below 90 db. and Health inadequate in the pressing section of building 43. Oct-22 Occupational Safety Working Environment Temperature exceeded 30C in Keep the temperature level at 30C and Health all working sections. or lower. [page 291] Oct-22 Occupational Safety Worker Protection The factory does not check all Systematically check all workers This measure adopted for the Covid and Health workers and visitors body and visitors body temperature period is no longer a requirement. temperature upon entryina upon entry and keep a registry for systematic way. all persons who present a temperature of 38C and above. Oct-22 Occupational Safety Worker Protection The distance is not respected Ensure that 1.5 meter of social This measure adopted for the Covid and Health on the floor. distance is observed in the period is no longer a requirement. workplace. Oct-22 Occupational Safety Worker Protection Electrical panel and circuit Identify all electric panel and Electrical panels and breakers are and Health breaker are not properly circuit breaker in all buildings. properly identified. identified. Label all circuit breakers to identify their purpose. Oct-22 Occupational Safety Worker Protection Several sewing machines were Install adequate guards on all Facility ensured to have all sewing and Health missing eye guards and finger sewing machines. machines with its respective guards guards. installed. Oct-22 Occupational Safety Worker Protection Several standing workers were Provide foot rests or shock Facility provided standing mats to all and Health not provided with foot rests or absorbing mats to all the standing workers in standing working position. shock absorbing mats. workers. Oct-22 Occupational Safety Worker Protection The employer has not provided Provide adequate personal Facility provided all workers with the and Health proper PPE to all workers. protective equipment to workers. corresponding PPE. Oct-22 Occupational Safety Chemicals and Hazardous No eye wash station installed in Installs eye wash station the Facility has eye wash station installed and Health Substances the mechanic workshop and mechanic workshop of building 36 where chemicals are used. It is not chemical warehouse. and chemical warehouse. necessary to install an eye wash station at the mechanic workshop. Oct-22 Occupational Safety Chemicals and Hazardous Several hazardous chemicals Provide MSDS with complete Compliance team ensured to have and Health Substances were found without chemical information where the chemical MSDS available for all chemical safety data sheets. products are used and stored. substances. Oct-22 Occupational Safety Chemicals and Hazardous Unlabeled containers of Label all containers of chemical Cleaning guns in the spot cleaning of and Health Substances chemicals found in the products used in the factory. building 37 and building 42 was workplace. properly labelled. Oct-22 Occupational Safety Chemicals and Hazardous The inventory was not accurate Update the inventory of chemical Compliance team ensured to have all and Health Substances and did not include all accordingly. chemical substances include in the chemicals used in the inventory. workplace. [page 292] Oct-22 Contracts and Human Employment Contracts Contractual workers do not Ensure that workers have a copy of Human Resources manager will Resources understand the terms and a copy of the written contract and ensure that Terns and condition of condition of employment. In are informed of the internal work employment are properly explained addition, their files are missing rules. to contract workers . Files will be a written contract. properly kept. Oct-22 Compensation Social Security and Other The annual salary supplement Pay the lunch break payment and The June 13 decree suspendbs all Benefits or bonus does not include the include it in the calculation ofthe provisions of the 3*8 law. The lunch break payment. average daily salary. payment of the lunch break is no longer required. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haïti will not find noncompliance for the requirements Oct-22 Compensation Social Security and Other The workers’ contributionsto Pay the lunch break payment and The June 13 decree suspendbs all Benefits OFATMA does not include the include it in the calculation ofthe provisions of the 3*8 law. The lunch break payment. average daily salary. payment of the lunch break is no longer required. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haïti will not find noncomnliance for the rantiiramente [page 293] Oct-22 Compensation Social Security and Other The employer contribution to Pay the lunch break payment and The June 13 decree suspendbs all Benefits OFATMA does not include the include it in the calculation ofthe provisions of the 3*8 law. The lunch break payment. average daily salary. payment of the lunch break is no longer required. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haïti will not find Oct-22 Compensation Social Security and Other The workers’ contributionsto Pay the lunch break payment and The June 13 decree suspendbs all Benefits ONA does not include the include it in the calculation ofthe provisions of the 3*8 law. The lunch break payment. average daily salary. payment of the lunch break is no longer required. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haïti will not find noncompliance for the requirements [page 294] Oct-22 Compensation Social Security and Other The employer contribution to Pay the lunch break payment and The June 13 decree suspendbs all Benefits ONA does not include the include it in the calculation ofthe provisions of the 3*8 law. The lunch break payment. average daily salary. payment of the lunch break is no longer required. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haïti will not find noncomnliance for the rentiiramente Oct-22 Compensation Paid Leave Annual leave and sick leave Pay the lunch break payment and The June 13 decree suspends all payments do no include the include it in the calculation ofthe provisions of the 3*8 law. The lunch break payment. average daily salary. payment of the lunch break is no longer required. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haïti will not find [page 295] Oct-22 Compensation Paid Leave Lunch breaks is not Pay the lunch break payment and The June 13 decree suspendbs all compensated in the payroll. include it in the calculation ofthe provisions of the 3*8 law. The average daily salary. payment of the lunch break is no longer required. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haïti will not find noncomnliance for the reanirements Oct-22 Compensation Paid Leave Sick leave payment does not Paythe lunch break payment and The June 13 decree suspends all include the lunch break include it in the calculation ofthe provisions of the 3*8 law. The payment. average daily salary. payment of the lunch break is no longer required. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haïti will not find [page 296] Oct-22 Compensation Paid Leave Maternity leave payment does Ensure that maternity leave The June 13 decree suspends all not include the lunch break include the lunch break payment, provisions of the 3*8 law. The payment. payment of the lunch break is no longer required. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haïti will not find nanrnmnlianra far tha raniiramante Oct-22 Compensation Paid Leave Annual leave payment does not Pay the lunch break payment and The June 13 decree suspendbs all include the lunch break include it in the calculation ofthe provisions of the 3*8 law. The payment. average daily salary. payment of the lunch break is no longer required. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haïti will not find [page 297] BETTER WORK HAITI - 27TH SYNTHESIS REPORT ., Factory: The Willbes Haitian S.A (HT-2B) Location: Port-au-Prince Number of workers: 445 Date of registration: Feb-18 Date of last two Better Aug-22 Sep-23 Work assessments: Advisory and Training Services 27-Jun-24 Industry Seminar Virtual Supervisory Skills (SST) 23-Apr-24 Advisory services Meeting with PICC members on current situation and its impact. OSH officers exposed difficulty to follow up on some tasks. Review od the OSH checklist. 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 8-Dec-23 Industry Seminar Virtual Awareness on Convention 190 & Recommendation 206 6-Dec-23 Advisory services Meeting with management to review the highlights of the year. EA reviewed the Improvement and asked compliance officer to follow up regarding the PR1. Factory will share proof of the remediations. Management asked regarding the annual leave payment and EA shared the recommendation based on article 148. 16-Nov-23 Industry Seminar Virtual Grievance Policy on Violence and Harassment 9-Nov-23 Advisory services Meeting to train compliance on the PR1 and follow up on improvements. Meeting with the OSH committee on the responsibilities of the OSH committee. EA review 5 Whys technique with members with practical example on their OSH monitoring tasks, 13-Oct-23 Industry Seminar Virtual Leadership Skills 28-Jul-23 Industry Seminar Virtual Preventing and Addressing Sexual Harassment for Middle Management 21-Jul-23 Industry Seminar Virtual Preventing and Addressing Sexual Harassment for Workers 21-Jul-23 Industry Seminar Virtual Preventing and Addressing Sexual Harassment for Supervisory 3-Jul-23 Advisory services Meeting with the compliance team on the Improvement plan. Several are not updated. Compliance to share evidence of remediations. EA also explain regarding the 3x8 being amended and its implications. ASSESSMENT COMPLIANCE CLUSTER COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment September 2023 Sep-23 Occupational Safety and OSH Management The OSH policy does not establish Update the OSH policy to include The OSH policy is signed by top 22 Health Systems measurable objectives and improvement measurable objectives and management. targets. improvement targets. Ensure that OSH policy is signed by the top management. Sep-23 Occupational Safety and OSH Management The factory lacks a hazard/risk Review the procedure and add the 22 Health Systems management procedure that covers all missing elements suhc as the necessary elements. systematic identification, risk prioritization, control hierarchy, and a risk register. Sep-23 Occupational Safety and OSH Management Management did not show any evidence Provide evidence of investigation 22 Health Systems of investigating or monitoring OSH and monitoring of OSH issues issues through tests, surveys, through regular tests, survey and inspections, or system reviews. inspections Logging and analysis of violations of procedures. [page 298] Sep-23 Occupational Safety and OSH Management Management has not assigned Hold regular meeting and assign 22 Health Systems accountability at the level of OSH accountability at the level of the committee for carrying out Health and OSH committee for carrying out Safety responsibilities. Health and Safety responsibilities. Ensuring effective functioning of the OSH committee. Sep-23 Contracts and Human Employment Contracts The factory's disciplinary and Include the missing criteria in on 22 Resources termination procedures do not include the disciplinary and termination all the necessary elements. procedures, such as: Timeframes for warnings and payments-Legal notice periods and termination payments Sep-23 Contracts and Human Employment Contracts Management did not have documented Document and properly filed 22 Resources evidence of performance evaluation evidence of performance procedures nor any investigations for evaluation procedures or any violations of HR policies and procedures. investigations for violations of HR policies and procedures to identify weaknesses and make necessary Sep-23 Occupational Safety and Emergency Preparedness One fire alarm trigger switch was not Ensure that fire-fighting equipment Managed fixed the issue during Health working properly. are properly working. the visit. Sep-23 Occupational Safety and Health Services and First Insufficient number of medical staff. Ensure to have the adequate 65 Health Aid number of medical staff that can serve effectively the workforce. Sep-23 Occupational Safety and Welfare Facilities Insufficient number of toilets for the Ensure to have the adequate 65 Health women. number of toilet regarding the workforce as per the Labor Code. Sep-23 Occupational Safety and Working Environment Light levels were inadequate. Ensure that lux level is adequate in 65 Health all section of the workplace. Sep-23 Occupational Safety and Working Environment Workplace temperatures exceeding Keep the temperature level under 65 Health Better Work's recommended maximum 30 C. of 30°C in all sections. Sep-23 Occupational Safety and Chemicals and Several hazardous chemicals were found Ensure that MSDS are available for The MDSS were placed where the 31 Health Hazardous Substances without chemical safety data sheets. all chemical used and stored inthe chemicals are stored and used. workplace. Sep-23 Occupational Safety and OSH Management Management failed to provide a Provide the building 's structural 11 Health Systems structural safety certificate, and safety certificate. assessors noted cracks in the chemical Sep-23 Contracts and Human Termination The annual leave upon termination is Calculate the annual leave upon 31 Resources not calculated based on the average termination based on the average daily earnings. daily earnings. Sep-23 Contracts and Human Employment Contracts The internal work rules is not adequate. Update the internal work rules 31 Resources cover the break times and the different categories of workers in the workplace. [page 299] Sep-23 Compensation Paid Leave Annual leave is not calculated based on Calculate the annual leave based 31 the average daily earnings. on the average daily earnings. Assessment August 2022 Aug-22 Occupational Safety and OSH Management The OSH policy does not have all the Include the missing criteria in the Health Systems necessary elements. OSH policy. Establish measurable objectives and improvement targets. Aug-22 Occupational Safety and OSH Management The factory does not have an adequate Include the missing criteria for an Health Systems hazard/risk management and control adequate Hazard/risk procedure. management and control procedure. Aug-22 Occupational Safety and OSH Management Management did not show evidence of Submit and record actions and Health Systems that the employer investigates, monitors procedures to investigate, monitor and measures OSH issues. and measure OSH issues. Aug-22 Occupational Safety and OSH Management Management has not assigned Update the OSH procedures to Health Systems accountability at the level of OSH assign clear responsibility to the committee for carrying out Health and OSH committee members. Safety responsibilities. Aug-22 Contracts and Human Employment Contracts The factory's disciplinary and Include the missing criteria in the Resources termination procedures do not include disciplinary and termination all the necessary elements: procedures. Timeframes for warnings and payments Legal notice periods and termination Davments. Aug-22 Contracts and Human Employment Contracts No evidence of performance evaluation Submit and record actions and Resources procedures nor any investigations for procedures to investigate, monitor violations of HR policies and procedures. and measure violations of HR policies. Aug-22 Contracts and Human Employment Contracts The employer does not clearly assign Assign accountability at all levels Resources accountability at all levels of for Human Resources management for Human Resources management. management responsibilities. Aug-22 Contracts and Human Employment Contracts The factory does not have an adequate Include the missing criteria for an Resources an HR policy. adequate HR policy. Aug-22 Working Time Regular Hours Supervisors do not allow pregnant Train supervisor on the legal Facility ensured to have all women to take advantage of the benefits for the pregnant women. supervisors aware of this policy additional breaks. and its compliance. Aug-22 Working Time Leave Pregnant workers do not go on leave 6 Pregnant women should go on weeks before giving birth. leave 6 weeks prior to giving birth. [page 300] Aug-22 Occupational Safety and Health Services and First First aid boxes were missing several Ensure that first aid boxes are It was corrected during the Health Aid products listed on the checklist readily accessible in case of assessment visit. emergency treatment. Check first aid boxes regularly, remove and replace expired ments Aug-22 Occupational Safety and Health Services and First Insufficient number of nurses. Hire adequate number of nurses. Health Aid Aug-22 Occupational Safety and Welfare Facilities Insufficient number of toilets for the Increase the number of toilets Health women. according to the workforce. Aug-22 Occupational Safety and Working Environment The light level is insufficient in several Increase the light level to comply Health sections. with Better Work's recommended level. Aug-22 Occupational Safety and Working Environment Temperature level exceeds Better Increase the ventilation with Health Work's recommended level of 30C, in all additional fans. Conduct regular sections. measurement of temperature & compare with threshold value. Aug-22 Occupational Safety and Worker Protection The Factory did not provide proper PPE Provide proper masks and gloves Proper masks and gloves are Health to all workers. to workers using chemical and provided to all workers using hazardous products. chemicals. Aug-22 Occupational Safety and Worker Protection Battery terminals on the generator are Perform regular maintenance of Maintenance team fixed the issue. Health not insulated. the generator. Make sure that the battery terminals are insulated. Aug-22 Occupational Safety and Chemicals and MSDS were not available for several Keep MSDS for all chemical and Compliance team ensured that Health Hazardous Substances chemical and hazardous products found hazardous products used in the MSDS were available for all the in the workplace. workplace. products stored in the workplace. Aug-22 Occupational Safety and Chemicals and Inventory of chemical and hazardous Regularly check the inventory to Compliance team ensured the Health Hazardous Substances substances is inaccurate. make sure it is accurate. inventory of chemicals was Ensure locations of products are updated to include all the listed on the inventory sheet. chemical storage areas. [page 301] Aug-22 Contracts and Human Termination The annual salary supplement payment Include the lunch payment in the The June 13 decree suspendés all Resources or bonus upon termination does not calculation of the daily average provisions of the 3*8 law. The include the lunch break payment salary. lunch break payment is no longer required. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haïti will not find noncompliance for the requirements in these articles during the current cycle, and will Aug-22 Contracts and Human Termination The unused annual leave upon Include the lunch payment in the The June 13 decree suspends all Resources termination does not include the lunch calculation of the daily average provisions of the 3*8 law. The break payment... salary. lunch break payment is no longer required. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haïti will not find noncompliance for the requirements in these articles during the current cycle, and will [page 302] Aug-22 Contracts and Human Termination The payment for the applicable notice Include the lunch payment in the The June 13 decree suspends all Resources period does not include the lunch break calculation of the daily average provisions of the 3*8 law. The payment. salary. lunch break payment is no longer required. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haïti will not find noncompliance for the requirements in these articles during the current cycle, and will Aug-22 Contracts and Human Employment Contracts The internal work rules do not cover the _ Include the missing information in PT Resources break times, different categories of the internal work rules. workers and their wages, date and time for wage payment. Aug-22 Compensation Social Security and Other The annual salary supplement or bonus Include the lunch payment in the The June 13 decree suspends all Benerfits does not include the lunch break calculation of the daily average provisions of the 3*8 law. The payment. salary. lunch break payment is no longer required. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haïti will not find noncompliance for the requirements in these articles during the current cycle, and will [page 303] Aug-22 Compensation Social Security and Other The workers’ contributions to OFATMA Include the lunch payment in the The June 13 decree suspends all Benefits does not include the lunch break calculation of the daily average provisions of the 3*8 law. The payment. salary. lunch break payment is no longer required. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haïti will not find noncompliance for the requirements in these articles during the current cycle, and will Aug-22 Compensation Social Security and Other The employer contribution to OFATMA Include the lunch payment in the The june 1 3 decree suspends all Benerfits does not include the lunch break calculation of the daily average provisions of the 3*8 law. The payment. salary. lunch break payment is no longer required. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haïti will not find noncompliance for the requirements in these articles during the current cycle, and will [page 304] Aug-22 Compensation Social Security and Other The workers’ contribution to ONA does Include the lunch payment in the The June 13 decree suspends all Benefits not include the lunch break payment. calculation of the daily average provisions of the 3*8 law. The salary. lunch break payment is no longer required. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haïti will not find noncompliance for the Aug-22 Compensation Social Security and Other The employer contribution to ONA does Include the lunch payment in the The June 13 decree suspends all Benefits not include the lunch break payment. calculation of the daily average provisions of the 3*8 law. The salary. lunch break payment is no longer required. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haïti will not find noncompliance for the requirements in these articles during the current cycle, and will [page 305] Aug-22 Compensation Paid Leave The factory did not pay annual leave, Include the lunch payment in the The June 13 decree suspendés all Sick leave and the daily break correctly. calculation of the daily average provisions of the 3*8 law. The salary. lunch break payment is no longer required. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haïti will not find noncompliance for the requirements in these articles during the current cycle, and will Aug-22 Compensation Paid Leave The lunch breaks is not compensated in Include the lunch payment in the The June 13 decree suspendés all the payroll. calculation of the daily average provisions of the 3*8 law. The salary. lunch break payment is no longer required. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haïti will not find noncompliance for the [page 306] Aug-22 Compensation Paid Leave The calculation of sick leave payments Include the lunch payment in the The June 13 decree suspendés all does not include the lunch break calculation of the daily average provisions of the 3*8 law. The payment. salary. lunch break payment is no longer required. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haïti will not find noncompliance for the requirements in these articles during the current cycle, and will Aug-22 Compensation Paid Leave The annual leave payment is not Include the lunch payment in the The june 1 3 decree suspends all calculated based on worker's average calculation of the daily average provisions of the 3*8 law. The daily earnings. salary. lunch break payment is no longer required. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haïti will not find noncompliance for the requirements in these articles during the current cycle, and will [page 307] BETTER WORK HAITI - 27TH SYNTHESIS REPORT =, Factory: The WILLBES Haïitian III S.A Location: Port-au-Prince Number of workers: 613 Date of registration: Sep-10 Date of last two Aug-22 Sep-23 Ratter Wark Notes : Factory experienced several days of closures due to lack of materials. Security unrest made it difficult for them to receive and ship goods. Advisory and Training Services 23-Apr-24 Advisory services Meeting with PICC members. The discussion was on verbal abuse by supervisors and Lack of communication. 12-Apr-24 Advisory services Meeting with Managers on the priorities for the year. Factory faces several days of suspension due to the country situation. Managers fear about workers' security and shortage of raw materials. 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 08-Dec-23 Industry Seminar Virtual Awareness on Convention 190 & Recommendation 206 06-Dec-23 Advisory services Meeting with management to review the highlights of the year. EA review the Improvement and ask compliance officer to follow up regarding the PR1. Factory will share proof of the remediations. Management asked regarding the annual leave payment and EA share the recommendation based on article 148. 16-Nov-23 Industry Seminar Virtual Grievance Policy on Violence and Harassment 09-Nov-23 Advisory services Meeting with to train compliance on the PR1 and follow up on improvements. Meeting with the OSH committee on the responsibilities of the OSH committee. EA review 5 whys technique with members with practical example on their OSH monitoring tasks. 13-Oct-23 Industry Seminar Virtual Leadership Skills 28-Jul-23 Industry Seminar Virtual Preventing and Addressing Sexual Harassment for Middle Management 24-Jul-23 Advisory services Review of the Improvement plan with management. Virtual factory with OSH and PICC representatives members to observe the remediati 21-Jul-23 Industry Seminar Virtual Preventing and Addressing Sexual Harassment for Workers 21-Jul-23 Industry Seminar Virtual Preventing and Addressing Sexual Harassment for Supervisory CUMPLIANCE DETAILS UF NUN ASSESSMENT CLLISTER COMPLIANCE POINT COMPITANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment September 2023 Sep-23 Occupational Safety OSH Management The OSH policy is not signed Ensure that OSH policy id sign The Osh policy is already signed 22 and Health Systems by top management and does bythe top management. by top management. not establish measurable objectives and improvement targets. [page 308] Sep-23 Occupational Safety OSH Management The factory does not have an Include the missing criteria in 22 and Health Systems adequate hazard/risk the hazard/risk management management and control and control procedure. procedures. Sep-23 Occupational Safety OSH Management Management did not show Keep the evidences of the 22 and Health Systems evidence of that the employer test, survey and inspections investigates monitors and Logging and analysis of measures OSH issues. violations of OSH procedures readily accessible for one's review Sep-23 Occupational Safety OSH Management Management has not Assign an OHS officer to be in 22 and Health Systems assigned accountability atthe charge of the committee and level of OSH committee for hold meeting on a monthly carrying out Health and basis. Safety responsibilities. Sep-23 Contracts and Human Employment Contracts The disciplinary and Include the missing criteria in 22 Resources termination procedures are the disciplinary and not adequate. termination procedures. Sep-23 Contracts and Human Employment Contracts No evidence of performance Investigate violations of HR 22 Resources evaluation procedures nor policies and procedures to any investigations for identify weaknesses and violations of Human make necessary adjustments. Resources policies and nrarnadiurne Sep-23 Occupational Safety Health Services and First Insufficient number of nurses. Hire sufficient staff medical to 142 and Health Aid efficiently serve all the workers in the workplace. Sep-23 Occupational Safety Welfare Facilities Insufficient toilets for women. Ensure to have the adequate 151 and Health number of toilet as prescribed by the labor code. Sep-23 Occupational Safety Working Environment The level of lighting was Ensure that lux level is 83 and Health insufficient in several adequate in all section of the sections. workplace. Sep-23 Occupational Safety Working Environment The temperature level Keep the temperature level 58 and Health exceeded 30C in several under 30 C in all sector of the sections. workplace. [page 309] Sep-23 Occupational Safety Chemicals and Several hazardous chemicals Ensure that MSDS are 84 and Health Hazardous Substances were found without chemical available for all chemical used safety data sheets. and stored in the workplace. Sep-23 Occupational Safety Chemicals and Assessors found Chemicals Ensure that chemical and 73 and Health Hazardous Substances such as K7M and Motor oil hazardous substances are not properly labelled in the properly labelled in the workplace. workplace. Sep-23 Occupational Safety Chemicals and The inventory of chemicals is Keep the inventory of 63 and Health Hazardous Substances not accurate and missing chemical accurate. Include items. the names and locations of all chemical products that are used in the factory. Sep-23 Occupational Safety OSH Management Management did not provide Provide the building's 11 and Health Systems a structural safety certificate, structural safety certificate. certifying the structure of the buildings meets the safety requirements for an industrial structure. Sep-23 Contracts and Human Termination The annual leave payment Calculate the annual leave 36 Resources upon termination is not upon termination based on calculated on the average the average daily earnings. daily earning. Sep-23 Contracts and Human Employment Contracts The internal work rules does Ensure that the internal work 36 Resources not cover the break times, rules cover all the categories different categories of of workers in the workplace. workers and their wages, date and time for wage payment. Sep-23 Compensation Paid Leave The annual leave payment is Calculate the annual leave 36 not calculated on the average based on the average daily daily earnings. earnings. Assessment August 2022 Aug-22 Occupational Safety OSH Management OSH policy is not signed by Include missing criteria in the and Health Systems top management and did not OSH policy. Establish have all the necessary measurable objectives and elements. improvement targets. [page 310] Aug-22 Occupational Safety OSH Management The factory does not have an Include missing criteria in the and Health Systems adequate hazard/risk hazard/risk management and management and control control procedures. procedures. Aug-22 Occupational Safety OSH Management Management did not show Submit and record actions and Health Systems evidence of that the employer and procedures to investigates monitors and investigate, monitor and measures OSH issues. measure OSH issues. Aug-22 Occupational Safety OSH Management Management has not Update the OSH procedures and Health Systems assigned accountability atthe to assign clear responsibility level of OSH committee for to the OSH committee carrying out Health and members. Safety responsibilities. Aug-22 Contracts and Human Employment Contracts The disciplinary and Include the missing criteria in Resources termination procedures are the disciplinary and not adequate. termination procedures. Aug-22 Contracts and Human Employment Contracts No evidence of performance Submit and record actions Resources evaluation procedures nor and procedures to any investigations for investigate, monitor and violations of Human measure violations of HR Resources policies and policies. Aug-22 Contracts and Human Employment Contracts The employer does not clearly Assign accountability at all Resources assign accountability at all levels for Human Resources levels of management for management. Human Resources management responsibilities. Aug-22 Contracts and Human Employment Contracts The factory does not have an Include the missing criteria Resources adequate an Human for an adequate HR policy. Resources policy. Aug-22 Working Time Regular Hours Attendance records for Have a reliable attendance Facility will keep attendance temporary workers were not system for temporary records for temporary workers. available during the workers to record accurate assessment visit . working time. Aug-22 Working Time Regular Hours Additional breaks are not Ensure that the pregnant Facility will inform all supervisors provided to pregnant women. workers can take their about the additional breaks for additional breaks. pregnant women. This break will be respected. [page 311] Aug-22 Occupational Safety Health Services and First Insufficient number of nurses. Have a number of nurse and Health Aid compatible with the workforce. Aug-22 Occupational Safety Welfare Facilities Factory has not conducted a Conduct the water test on a and Health water test on a monthly basis monthly basis. by a certified laboratory. Aug-22 Occupational Safety Welfare Facilities Insufficient number of toilets Have a sufficient number of and Health for women. toilets for women. Aug-22 Occupational Safety Working Environment The level of lighting was Ensure that light level are and Health insufficient in several appropriate in all sections sections. Aug-22 Occupational Safety Working Environment The temperature level Ensure the workplace and Health exceeded 30C in several temperature does not exceed sections. the recommended 30 C. Aug-22 Occupational Safety Worker Protection The factory did not check all Ensure to check all workers The measure is no longer a and Health workers and visitors body and visitors body requirement. temperature upon entryina temperature upon entry in a systematic way. systematic way. Ensure to keep a registry for all persons who present a temperature of 3R8C and ahove Aug-22 Occupational Safety Worker Protection The social distance is not Ensure that the 1.5 meter of The measure is no longer a and Health respected on thefloorinthe distance is respected in the requirement. preparation section, as well as preparation section as well during entry and leaving. during entry and leaving. Aug-22 Occupational Safety Worker Protection Improper maintenance of Ensure that proper Issue was corrected and Health electrical system. maintenance are conducted immediately. Facility will properly for electrical installation on a maintain all electrical regular basis. Electrical wires installation. should not be exposed. Aug-22 Occupational Safety Worker Protection Standing workers in the Provide foot rest or shock Shock absorbing mats were and Health sewing floor and packing area absorbing mats to all purchased. were not provided with foot standing workers. rests or shock absorbing Aug-22 Occupational Safety Worker Protection The employer has not been Provide support belt for and Health provided the support belt for workers doing heavy lifting workers doing heavy lifting work. work. [page 312] Aug-22 Occupational Safety Chemicals and Eye wash station is not Install an eye wash facilityin Facility has eye wash station and Health Hazardous Substances installed in all areas where the mechanic shop, spot installed in the spot cleaning chemical and hazardous cleaning area and chemical room and the chemical products are used and stored. warehouse where chemicals warehouse. It is not necessary to are used and stored. install an eye wash station at the mechanic shop. Aug-22 Occupational Safety Chemicals and Several hazardous chemicals Ensure that all chemical have Compliance team ensured that and Health Hazardous Substances were found without chemical their safety data sheets missing data safety sheets where safety data sheets. available where they are used added where the chemicals are and stored. used and stored. Aug-22 Occupational Safety Chemicals and Containers of chemical and Ensure that all chemicals and The issue was fixed during the and Health Hazardous Substances hazardous products were not hazardous products are evaluation visit. properly labelled. properly labelled. Aug-22 Occupational Safety Chemicals and The inventory of chemical and Ensure that all chemicals Factory registered new products and Health Hazardous Substances hazardous products was not used the workplace are as soon as they are stored. available. included in the inventory of rhamirale Aug-22 Contracts and Human Termination The annual salary Include the lunch break The June 13 decree suspends all Resources supplement upon termination payment in the calculation of provisions of the 3*8 law. The does not include the lunch the annual salary supplement lunch break payment is no break payment. or bonus upon termination. longer required. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haïti will not find noncompliance for the requirements in these [page 313] Aug-22 Contracts and Human Termination The annual leave payment Include the lunch break The June 13 decree suspends all Resources upon termination does not payment in the calculation of provisions of the 3*8 law. The include the lunch break annual leave upon lunch break payment is no payment. termination. longer required. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haïti will not find noncompliance for the requirements in these Aug-22 Contracts and Human Termination The payment for the Include the lunch break in the The June 13 decree suspends all Resources applicable notice period does calculation of the notice provisions of the 3*8 law. The not include the lunch break period payment. lunch break payment is no payment. longer required. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haïti will not find noncompliance for the requirements in these Aug-22 Contracts and Human Employment Contracts The internal work rules do not Specify terms and conditions Resources cover the break times, for the different categories of different categories of workers in the internal work workers and their wages, date rules. and time for wage payment. [page 314] Aug-22 Contracts and Human Employment Contracts The written employment Specify the hours of work and Resources contracts do not specify the the nature of the work to be hours of work and the nature performed in the of the work to be performed employment contracts. as required by law. Aug-22 Compensation Social Security and Other The annual salary supplement Include the lunch break The June 13 decree suspendés all Benefits or bonus does not include the payment in the calculation of provisions of the 3*8 law. The lunch break payment. the annual salary supplement lunch break payment is no or bonus. longer required. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haïti will not find noncompliance for the requirements in these Aug-22 Compensation Social Security and Other The employer did not forward Forward last 3 months pay Benefits workers! last 3 months pay slips to OFATMA for workers slips to OFATMA for workers for sick or maternity leave for sick or maternity leave payments. pavments. [page 315] Aug-22 Compensation Social Security and Other The employer contribution to Pay the lunch break. The June 13 decree suspends all Benefits OFATMA for work related provisions of the 3*8 law. The accident does not include the lunch break payment is no lunch break payment. longer required. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haïti will not find noncompliance for the requirements in these Aug-22 Compensation Social Security and Other The workers contributions to Pay the lunch break. The June 13 decree suspends all Benefits ONA does not include the provisions of the 3*8 law. The lunch break payment. lunch break payment is no longer required. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haïti will not find noncompliance for the requirements in these [page 316] Aug-22 Compensation Social Security and Other The employer contribution to Pay the lunch break. The June 13 decree suspends all Benefits OFATMA for maternity and provisions of the 3*8 law. The health insurance does not lunch break payment is no include the lunch break longer required. payment. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haïti will not find noncompliance for the requirements in these Aug-22 Compensation Paid Leave The factory did not pay Pay the lunch break. The June 13 decree suspends all annual leave, Sick leave and provisions of the 3*8 law. The the daily break correctly. lunch break payment is no longer required. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haïti will not find noncompliance for the requirements in these [page 317] Aug-22 Compensation Paid Leave Lunch breaks is not Pay the lunch break. The June 13 decree suspends all compensated in the payroll. provisions of the 3*8 law. The lunch break payment is no longer required. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haïti will not find noncompliance for the requirements in these Aug-22 Compensation Paid Leave The maternity leave payment Pay the lunch break. The June 13 decree suspendés all does not include the lunch provisions of the 3*8 law. The break payment. lunch break payment is no longer required. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haïti will not find noncompliance for the requirements in these [page 318] Aug-22 Compensation Paid Leave Sick leave payments do not Ensure that lunch break is The June 13 decree suspends all include the lunch break included in the calculation of provisions of the 3*8 law. The payment. the sick leave payment. lunch break payment is no longer required. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haïti will not find noncompliance for the requirements in these Aug-22 Compensation Paid Leave The annual leave payment Include the lunch break in the The June 13 decree suspends all does not include the lunch annual leave payment. provisions of the 3*8 law. The break payment. lunch break payment is no longer required. The decree also reinstates Labor Code Articles 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 120, 121, and 122, which were abrogated under the 3*8 Law. In order to allow factories time to effectively implement the reinstated provisions in the Labor Code, Better Work Haïti will not find noncompliance for the requirements in these Aug-22 Compensation Wage Information, Use The factory does not have an Ensure that payroll form for and Deduction accurate payroll for the temporary workers temporary workers. includes all necessary information such as hours worked and avertime [page 319] Aug-22 Compensation Minimum Wages/Piece No time record was available Ensure to have a time record Rate Wages for temporary workers. system for temporary workers. Aug-22 Child Labor Documentation and Three employment records All workers file should Protection of Young were missing their include an identification card Workers identification cards or birth to prove that are above age certificate. minimum. [page 320] BETTER WORK HAITI - 27TH SYNTHESIS REPORT :, Factory: The Willbes Haitian S.A (HT - Print Shop) Location: Port-au-Prince Number of workers: 33 Date of registration: Feb-18 Date of last two Aug-22 Jul-23 Better Work Advisory and Training Services 28-Jun-24 Industry Seminar Virtual Supervisory Skills 26-Jun-24 Industry Seminar Virtual Supervisory Skills 21-Jun-24 Advisory meeting Virtual meeting with HR team to work on compensation issues and update the improvement plan. 25-Jun-24 PICC Meeting Meeting to review the progress and monitoring of the action plan Improvement of the working environment. 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 with a summary of the last meeting, participation of the factory in Better Work training, current situations and changes made at the factory, payroll precisely payment for holidays. 26-Mar-24 PICC 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, ANNUAL LEAVE payment. 8-Dec-23 Industry Seminar Virtual Awareness on Convention 190 & Recommendation 206 16-Nov-23 Industry Seminar Virtual Grievance Policy on Violence and Harassment 28-Oct-23 PICC Meeting Meeting about support needed for new employees and process for obtaining OFATMA health card. 13-Oct-23 Industry Seminar Virtual Leadership Skills 13-Oct-23 Industry Seminar Virtual Intercultural Communication 13-Oct-23 Advisory services Virtual meeting to conduct a session on the first progress Report. Verify Social security updates for Work related accidents. Verify if the manual attendance system is link to the payroll. Provide guidance on how to develop an emergency preparedness procedure. 30-Sep-23 PICC Meeting Meeting on emergency preparedness procedure and risks identification in the factory. 28-Aug-23 Advisory services Virtual OSH tour on chemical management, Meeting with the bipartite committee to identify the root cause of the last assessment findings. Meeting with the compliance team to present a manual attendance sheet, review the payment of Social security, discuss about the participation of the factory in BW trainings. 26-Aug-23 PICC Meeting Meeting to discuss about the different problems faced by employees. 12-Jul-23 Advisory services Virtual OSH tour on emergency preparedness. Session on Self diagnosis and meeting with management to review the Internal work rules and management systems. CUMPLIANCE ASSESSMENT Ciierer COMPLIANCE POINT DETAILS OF NON COMPLIANCE IMPROVEMENT PRIORITIES REMEDIATION EFFORTS MONTHS Assessment July 2023 [page 321] Jul-23 Occupational Safety OSH Management During the assessment visit, Develop a procedure on 30 and Health Systems management failed to provide the emergency preparedness that emergency preparedness procedure. includes:Reporting fires and other emergencies. Jul-23 Contracts and Employment Contracts There is no evidence that the factory Develop a procedure on HR 11 Human Resources investigates or uncovers performance indicators. shortcomings in Human Resource performance followed by a change in mention ne nenradiien 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. ces Jul-23 Occupational Safety Emergency Preparedness The assessors noticed source of Install electrical connector and The Wires have been 11 and Health ignition not properly safeguarded. add this aspect in the daily or removed. Wires plug directly into an outlet in weekly checks. Develop a proper the mechanic shop. procedure on emergency Jul-23 Occupational Safety Emergency Preparedness Assessors observed that there is no Salle 1e Ru Eher inthe A Fire extinguisher has 80 and Health fire extinguisher in the diesel stock Diesel stock area. been installed and the area. Add this aspect in the daily or weekly checklist has been weekly checklist. updated Jul-23 Occupational Safety Health Services and First Medical staff is not available. Hire the required medical staff. 11 and Health Aid Jul-23 Occupational Safety Working Environment The level of lighting in the workplace Install additional light 11 and Health is unacceptable. Develop a preventive maintenance plan. Jul-23 Occupational Safety Working Environment Workplace temperatures exceed Take action to reduce the 80 and Health Better Work recommended temperature such as opening in temperature 30 C or below. the roof, water curtain, additional fans. Jul-23 Occupational Safety Working Environment Noise levels are unacceptable inthe 1. Noise level should not exceed 11 and Health workplace. 90 dba for workers exposed to noise 8 hours/day. 2. Measure again the noise level & compare with threshold value Jul-23 Occupational Safety Chemicals and The chemical inventory was not Assign staff members 84 and Health Hazardous Substances accurate and did not include the responsible for updating name of all chemicals used in the inventories of hazardous workplace. substances in the various locations where they are stored or used. [page 322] Jul-23 Occupational Safety Chemicals and During factory tour, assessors found Define who control the chemical 42 and Health Hazardous Substances 1 container with no labelling container on receipt from indicating chemical classification, supplier and control the label. hazards and safety precautions. Jul-23 Occupational Safety OSH Management The factory did not share any Request a structural safety 11 and 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 induktrial structure Jul-23 Contracts and Employment Contracts The factory does not an have internal Develop an Internal regulation The Internal work rules is 11 Human Resources work rules approved by the Ministry and send it to MAST for approval. sent to MAST for approval of Labor. However, management and it 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 factory is affiliated with OFATMA Have an agreement with The factory reached an 42 Benefits for accident insurance (Art 25 Annexe OFATMA regarding the payment agreement with OFATMA VIII code du travail), and they have process. to pay its debts in several paid late. The factory's management Keep records of the salary instalments. did not share the salary statement statement sent to OFATMA and sent to OFATMA for fiscal vear 2022- nroof of navments. Jul-23 Compensation Wage Information, Use A review of the working time records Install an operational electronic The factory has developed 11 and Deduction and interviews with workers revealed punch system. Attendance record a daily attendance that only the management is and payment must be checklist that is reflected responsible for clocking employees consistent. in the payroll. in and out, without any verification bv the workers themselves. Assessment August 2022 Aug-22 Occupational Safety OSH Management The factory does not have Develop a written procedure in and Health Systems emergency preparedness procedure. case of emergency. Aug-22 Contracts and Employment Contracts The factory does not investigate Define HR indicator performance Human Resources violation of HR procedures and and develop a procedure to policies. identify HR weaknesses and make necessary adjustments. Aug-22 Working Time Regular Hours The attendance record is not Have an accurate attendance accurate. recording system. Aug-22 Working Time Regular Hours The regular working hours exceed Ensure that the weekly regular the legal limit. working hours which include the daily break do not exceed 48 hours per week. Aug-22 Occupational Safety Emergency Preparedness A rechargeable light bulb was found Train supervisors and workers and Health charging in a cardboard box. about fire hazards and the need to report hazards for reparation. [page 323] Aug-22 Occupational Safety Emergency Preparedness Improper maintenance of fire Provide adequate firefighting The undercharged fire and Health extinguishers. equipment. Specify who conducts extinguisher has been regular checks to make surethat replaced. the equipment is in place and functionina. Aug-22 Occupational Safety Emergency Preparedness Improper maintenance of fire Install and maintain smoke alarm Smoke detectors have and Health detection system. in the mechanic room and been installed in the generator room. missing locations. Aug-22 Occupational Safety Health Services and First Inventory of products in first aid Equip first aid box and define Management Refilled the and Health Aid boxes is not accurate. responsibility for refillingthem. first aid Box. Aug-22 Occupational Safety Welfare Facilities Water test is not conducted monthly. Defines who organize monthly and Health test about the quality of the drinking water. Keep result of the water tect Aug-22 Occupational Safety Welfare Facilities Assessors did not observe soap and Provide soap dispenser. Define Management has and Health paper inside the women and men who will check that soap and provided soap and paper restrooms. paper are available. in the workplace. Aug-22 Occupational Safety Working Environment Temperature exceed Better Work's Take action to reduce the and Health recommended limit in several temperature ( opening in the sections of the factory. roof, water curtain, additional Aug-22 Occupational Safety Worker Protection Batteries in the generator room were Specify who is in charge to install and Health missing terminal protectors. the batteries terminal and conduct regular checks. Aug-22 Occupational Safety Chemicals and MSDS are missing for several Keep chemical MSDS for all The factory displayed the and Health Hazardous Substances chemical and hazardous products hazardous chemicals used inthe MSDS found in the workspace. workplace. Specify who is in charge of receiving MSDS from supplier / Verify the MSDS has the needed Aug-22 Occupational Safety Chemicals and Unidentified container of a chemical Define who control the chemical and Health Hazardous Substances products found in the workplace. container on receipt from supplier and control the label. Define who is entitled to pour chemicals in other recipients and label them. Aug-22 Occupational Safety Chemicals and The location of the products is not Assign responsible persons for and Health Hazardous Substances specified inventory of chemical and updating inventories of hazardous products. hazardous substances in the various locations where they are Aug-22 Occupational Safety OSH Management The employer was not able to Request a üctural safety and Health Systems provide the required structural safety certificate from the city council. certificates. [page 324] Aug-22 Occupational Safety OSH Management The bipartite OSH committee does Prepare a meeting agenda for and Health Systems not meet regularly. Meeting minutes the year. Then, conduct meeting are not available. on a monthly basis and keep records of meetinq minutes. Aug-22 Occupational Safety OSH Management The factory does not conduct regular Conduct and OSH assessment on The factory started to and Health Systems assessments of general occupational a monthly basis in consultation record general OSH safety and health. with workers representative. reports since the last assessment visit. Aug-22 Contracts and Termination The payment for annual salary Discuss legal requirements with The June 13 decree Human Resources supplement or bonus upon the General Manager. suspends the 3*8 law. The termination is not accurate. payment of the lunch Pay the lunch break and include break is no longer the payment in the calculation of required. annual salary supplement upon Aug-22 Contracts and Termination The payment for unused paid annual Discuss legal requirements with The June 13 decree Human Resources leave upon termination is not the General Manager. suspends the 3*8 law. The accurate. payment of the lunch Pay the lunch break and include break is no longer the payment in the calculation of required. annual leave 1inon termination Aug-22 Contracts and Termination The payment for the applicable Discuss legal requirements with The June 13 decree Human Resources notice period is not accurate. the General Manager. suspends the 3*8 law. The payment of the lunch Pay the lunch break and include break is no longer the payment in the calculation of required. the applicable notice period. Aug-22 Contracts and Contracting Procedures The contract for the administrative Review the employees" contract Human Resources staff does not include the salary. and include the salary. Aug-22 Compensation Social Security and Other The employer does not collects and Discuss legal requirements with The June 13 decree Benefits forwards the workers" and the General Manager. Pay the suspends the 3*8 law. The employers' contribution to OFATMA lunch break and includeitinthe payment of the lunch on time consistently. calculation for the payment. break is no longer Aug-22 Compensation Social Security and Other The employer does not collects and Discuss legal requirements with The June 13 decree Benefits forwards the workers" and the General Manager. Pay the suspends the 3*8 law. The employers' contribution to ONA on lunch break and include itinthe payment of the lunch time consistently. calculation for the payment. break is no longer Aug-22 Compensation Social Security and Other Sick leave and maternity leave Discuss legal requirements with The June 13 decree Benefits payment are not accurate. the General Manager. Pay the suspends the 3*8 law. The lunch break and include itinthe payment of the lunch calculation for the payment. break is no longer [page 325] Aug-22 Compensation Social Security and Other The payment for annual salary Discuss legal requirements with The June 13 decree Benefits supplement or bonus is not accurate. the General Manager. Pay the suspends the 3*8 law. The lunch break and include itinthe payment of the lunch calculation for the payment. break is no longer AUg-22 Compensation Social Security and Other The salary statement provided to Discuss legal requirements with The June 13 decree Benefits OFATMA for work related accident the General Manager. suspends the 3*8 law. The insurance payment was not available. Pay the lunch break and keep payment of the lunch record of salary statement sent break is no longer to OFATMA. required. Aug-22 Compensation Paid Leave The payment for annual leave, sick Discuss legal requirements with The June 13 decree leave, maternity leave and the daily the General Manager. Pay the suspends the 3*8 law. The break are not accurate. lunch break and include itinthe payment of the lunch calculation for the payments. break is no longer renuirad Aug-22 Compensation Paid Leave Sick leave payments are not based Discuss legal requirements with The June 13 decree on average daily earnings. the General Manager. suspends the 3*8 law. The Pay the lunch break and send payment of the lunch workers" pay slip to OFATMA. break is no longer Aug-22 Compensation Paid Leave The payroll sent to OFATMA for the Discuss legal requirements with The june 13 decree workers' maternity leave payment is the General Manager. Pay the suspends the 3*8 law. The not accurate lunch break and include itinthe payment of the lunch calculation for the payments. break is no longer required. Aug-22 Compensation Paid Leave The calculation for sick leave Discuss legal requirements with The June 13 decree payments is inaccurate. the General Manager. suspends the 3*8 law. The Pay the lunch break and payment of the lunch Send workers’ pay slip to break is no longer OFATMA required. Aug-22 Compensation Paid Leave The calculation for the annual leave Discuss legal requirements with The June 13 decree payment is inaccurate. the General Manager. Pay the suspends the 3*8 law. The lunch break and include itinthe payment of the lunch calculation for the payments. break is no longer [page 326] [page 327] [page 328] 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 PAS International International fA10} Labour © IFC | ARRET ed 4 Organization Creating Markets, Creating Opportunities