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Better Work Haiti: Garment Industry 9
Better Work Haiti: Garment Industry 9 Biannual Synthesis Report Under the HOPE II Legislation th Produced on 16 October 2014 Better Work Haiti is supported by the US Department of Labor. -1- Copyright © International Labour Organization (ILO) and International Finance Corporation (IFC) (2014) First published (2014) Publications of the ILO enjoy copyright under Protocol 2 of the Universal Copyright Convention. Nevertheless, short excerpts from them may be reproduced without authorization, on condition that the source is indicated. For rights of reproduction or translation, 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 by email: [email protected]. The IFC and ILO welcome such applications. Libraries, institutions and other users registered with reproduction rights organizations may make copies in accordance with the licences issued to them for this purpose. Visit www.ifrro.org to find the reproduction rights organization in your country. ILO Cataloguing in Publication Data th Better Work Haiti: garment industry 9 biannual synthesis report under the HOPE II legislation / International Labour Office; International Finance Corporation. - Geneva: ILO, 2014 1 v. 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, and 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. Catalogues or lists of new publications are available free of charge from the above address, or by email: [email protected] Visit our website: www.ilo.org/publns -2- Acknowledgements Better Work Haiti is supported by the US Department of Labor. The Better Work global program is supported by the following institutions (in alphabetical order): Australian Government Levi Strauss Foundation Netherlands Ministry of Foreign Affairs State Secretariat for Economic Affairs, Switzerland (SECO) United States Council Foundation (funds provided by The Walt Disney Company) This publication does not necessarily reflect the views or policies of the organizations or agencies listed above, nor does mention of trade names, commercial products, or organizations imply endorsement by them. -3- Table of Contents List of Acronyms ...........................................................................................................................6 Section I: Introduction and Methodology ......................................................................................7 1.1 Structure of the report .................................................................................................................. 7 1.2. Context ......................................................................................................................................... 8 1.3. The Better Work compliance assessment methodology ........................................................... 11 Section II: Findings ..................................................................................................................... 15 2.1. Compliance Assessment Findings (9th round of assessments) .................................................. 15 2.2. Detailed Findings ........................................................................................................................ 17 1. Core labour standards ........................................................................................................... 17 2. Working conditions ............................................................................................................... 18 2.3. Compliance effort ....................................................................................................................... 26 Section III: Better Work Haiti Advisory Services and Training ....................................................... 30 3.1 Better Work Haiti Advisory Services...................................................................................... 30 3.2 Better Work Haiti Training Services ...................................................................................... 30 3.3 Related activities ................................................................................................................... 31 Section IV: Conclusions and Next Steps ....................................................................................... 32 4.1 Conclusion ............................................................................................................................. 32 4.2 Next Steps.............................................................................................................................. 32 Section V: Factories in Detail ...................................................................................................... 35 5.1 List of factories ............................................................................................................................ 35 5.2. Findings from the factories ........................................................................................................ 36 Factory Tables ............................................................................................................................ 38 Annex 1. HOPE II Legislation Reporting Requirements...................................................................133 Annex 2. Minimum Wage Law (CL-09-2009-010)...........................................................................134 Annex 3. Presidential Decree on Minimum Wage Increase as of 1st May 2014...............................138 -4- List of Tables and Charts In Focus 1: Social Security and Other Benefits ...................................................................................... 18 In Focus 2: Paid Leave ........................................................................................................................... 18 In Focus 3: Dialogue, Discipline and Disputes ....................................................................................... 19 In Focus 4: Termination ......................................................................................................................... 20 In Focus 5: Health Services and First Aid ............................................................................................... 21 In Focus 6: Working Environment ......................................................................................................... 21 In Focus 7: Welfare Facilities ................................................................................................................. 22 In Focus 8: Emergency Preparedness .................................................................................................... 22 In Focus 9 : Worker Protection.............................................................................................................. 23 In Focus 10: Chemicals and Hazardous Substances .............................................................................. 24 In Focus 11: Overtime ........................................................................................................................... 25 Chart 1: Non-compliance rate .............................................................................................................. 16 Chart 2: Compliance Effort ................................................................................................................... 27 Table 1: Better Work compliance assessment framework ................................................................... 12 Ta le 2 : Pie e rate orkers’ eighted a erage ear i gs a ross all fa tories assessed Better Work ............................................................................................................................................................... 19 Table 3: Number of workers in factories registered to Better Work Haiti............................................ 35 Table 4: List of factories in the Haitian garment sector registered with Better Work as of August 2014 ............................................................................................................................................................... 35 -5- List of Acronyms ADIH Asso iatio des I dustries d’Haïti Haitia I dustr Asso iatio CAOSS Co seil d’Ad i istratio des Orga is es de “é urité “o iale (Social Security Institutions Advisory Committee) CATH Centrale Autonome des Travailleurs Haïtiens (Haitian Workers Central) CFOH Confédération des Forces Ouvrières Haïtiennes (Haitian Workforce Confederation) CNOHA Centrale Nationale des Ouvriers Haïtiens (Haitian Workers National Central) CODEVI Compagnie de Développement Industriel (Industrial Development Company) CP Compliance point CSH Coordination Syndicale Haïtienne CSS Conseil Supérieur des Salaires (Wages High Council) CTH Confédération des Travailleurs Haïtiens (Haitian Workers Confederation) CTMO-HOPE Co issio Tripartite de Mise e œu re de la loi HOPE (Tripartite HOPE Commission) EA Enterprise Advisor HELP Haiti Economic Lift Program HOPE Haitian Hemispheric Opportunity Through Partnership Encouragement ITUC International Trade Union Confederation MSDS Material Safety Data Sheet MOISE Mouvement des Organisations Indépendantes Intégrées aux Syndicats Engagés (Movement of Independent Organisations integrated to Committed Unions) MAST Ministère des Affaires Sociales et du Travail (Ministry of Labour and Social Affairs) OFATMA Offi e d’Assura e de Tra ail, de Maladie et de Mater ité Offi e for Work, Health and Maternity Insurance) ONA Offi e Natio ale d’Assura e Vieillesse Natio al Offi e for Old-Age Insurance) OSH Occupational safety and health PAC Project Advisory Committee PIC Parc Industriel de 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 Labour - Congress of Industrials Organisations SKOA Sant Kompetitivite Ouvrye Aisyen TAICNAR Technical Assistance Improvement and Compliance Needs Assessment and Remediation USDOL United States Department of Labor -6- Section I: Introduction and Methodology Better Work Haiti, a partnership between the International Labour Organization (ILO) and the International Finance Corporation (IFC), was launched in June 2009. The program aims to improve the working conditions and competitiveness of the apparel industry by increasing respect of the Haitian labour code and of the ILO Declaration on Fundamental Principles and Rights at Work and strengthening economic performance at the enterprise level. Better Work Haiti targets the apparel industry in Haiti, especially in the capital Port-au-Prince and in the north-east region of the country. In 2013, total export revenues from the textile and garment industry accounted for 91% of national export earnings and 10% of national GDP. The apparel industry is also among the largest employers within Haiti, creating jobs for over 30,000 people. Most workers (66%) are women who support a number of family members. The program assists participating factories by conducting independent compliance assessments and providing advisory services and training. This report presents the results of assessments conducted between April and August 2014 in 25 participating factories, which in turn form the basis for customized advisory services. As part of its mandate to share information with all stakeholders in the program and encourage continuous improvement, Better Work Haiti produces twice yearly synthesis reports aggregating information on the performance of all participating factories in the period. 1.1 Structure of the report This is the ninth report to be produced by Better Work Haiti in the framework of the HOPE II legislation. This synthesis report provides an overview of the working conditions of 25 factories during the period March – August 2014. Twenty-three of these factories were included in the eight synthesis report published in April 2014. The first section of this report gives an overview of the HOPE II legislation and the origin of the Better Work program in Haiti. This section also includes an explanation of the Better Work methodology, including the reports produced in the framework of the Better Work program and the HOPE II legislation. The second section of the report outlines the compliance assessment findings from the ninth round of factory assessments, conducted between April and August 2014. This section also includes an analysis of compliance effort since the previous synthesis report. The third section of the report describes Better Work Haiti advisory and training services in the period from March-August 2014. The fourth section of the report outlines the priorities of the Better Work Haiti program in the upcoming months. Finally, the last section of the report describes the efforts made by the factories to correct the compliance needs identified in the Better Work Haiti compliance assessments. Information provided for each of the participating factories includes: compliance needs for each compliance cluster and each compliance point; details of non-compliance; improvement priorities; efforts made by the factory to remedy the compliance needs as verified in the Better Work Haiti assessment visit; and with respect to non-compliance areas that have not been remediated, the amount of time that has elapsed since the non-compliance was first reported publicly. The two newly registered factories, H&H Textiles and Industrial Revolution II, are included in the overall analysis of the sector over the past months and the last assessment cycle. However, since they have each only been assessed once, data from these factories has not been included in Sections -7- 2.3 (Compliance Effort) and 5.2 (Findings from the factories/ Factories in detail) as a minimum of two assessments is required for inclusion in these sections. 1.2. Context The HOPE II legislation and the TAICNAR project In 2006, the United States Congress enacted the Haiti Hemispheric Opportunity for Partnership Encouragement Act of 2006 (HOPE), expanding preferences for Haitian apparel established under the Caribbean Basin Economic Recovery Act, thus enabling the Haitian garment industry to benefit from new duty-free preferences. In 2008, these preferences were further expanded through legislation known as HOPE II, which also established new standards and programs strengthening and monitoring working conditions in the garment sector. On 24 May 2010, the Haiti Economic Lift Program of 2010 HELP A t as sig ed i to la to e pa d e isti g prefere es e e ore to o tri ute to Haiti’s economic growth and development in both the textile and apparel sectors. Among its provisions, the HELP Act extended almost all of the trade preferences established under HOPE and HOPE II until 2020, and significantly expanded the tariff preference level limits for knit and woven apparel. In order 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 program to assess and promote compliance with core labour standards and national labour law in the factories that are eligible for tariff advantages under HOPE II. This was referred to in the legislation as the Technical Assistance Improvement and Compliance Needs Assessment and Remediation (TAICNAR) program. Finally, Haiti needed to develop a mechanism for ensuring that all producers benefiting from the HOPE II trade preferences participated in the TAICNAR program. There are two components to the TAICNAR program. The first of these consists of technical assistance to strengthen the legal and administrative structures for improving compliance in the industry. The scope of these services is extensive, encompassing technical assistance from the ILO in reviewing national laws and regulations to bring them into conformity with international standards, raisi g a are ess of orkers’ rights, a d trai i g la our i spe tors, judi ial offi ers a d other government personnel. The second element of the TAICNAR program focuses on assessing compliance with core labour standards and national labour law, supporting remediation efforts, and publicly reporting on the progress of each factory on the Labour Ombudsman’s register. To encourage compliance with core labour standards and national labour law, the legislation indicates that preferential treatment may be withdrawn, suspended, or limited by the President of the United States from producers who fail to come into compliance with the core labour standards and national labour law that is related and consistent with those standards. Better Work Haiti, which is a partnership of the ILO and the IFC, is implementing the TAICNAR program in collaboration with the Labour Ombudsman and the HOPE Commission, a presidential tripartite commission comprising three members of the Haitian government, three members of the Haitian private sector and three members of national orkers’ orga izatio s. It is super ised a President and guided by an Executive Director. Recent Developments This section of the report presents the changes and developments that have occurred during the last six months which have an impact on the Better Work Haiti program and broadly on the apparel sector in Haiti. -8- Two new factories which registered to the Better Work Haiti program in early 2014 have been assessed for the first time in this past 9th cycle of BWH assessments. In the context of mandatory participation, factories register and engage in the program as soon as production begins. All factories joining the Better Work Haiti program obtain access to a service package of assessment, advisory and training services. The Conseil Supérieur des Salaires (CSS) which was established in August 2013 presented its report to the Government of Haiti in November 2013 recommending an increase in the minimum wage classified by sectors. In the report, the CSS recommended to increase the minimum wage of reference in the garment industry from 200 to 225 Gourdes per day. This suggested increase was made effective through a presidential decree as of 1st May 2014 (see annex 3). A new USAID funded project (LEVE) is mandated to improve the competitiveness of value chains in three different sectors in Haiti (apparel, construction and agribusiness) and at assisting these sectors in creating employment. With regards to the apparel industry, an assessment of the sector in Haiti has been conducted in spring 2014. Currently, USAID project activities under LEVE are being planned. One specific project component together with CTMO-HOPE is to restructure the former Haitian apparel centre into an advanced coordination and resource centre which acts as a service provider for the industry. Various technical trainings could be offered through this facility to serve the apparel sector. Potential partnerships with CTMO-HOPE, Better Work Haiti and other stakeholders are currently being explored. The partnering ILO project which is supporting the labour inspectorate of the Ministry of Labour and Social Affairs (MAST) and which has been launched in March 2014, started its activities. A task force within the Ministry has been set up and a thorough human resources review has been completed including the elaboration of a comprehensive job profile for labour inspectors. Several initial trainings for the Ministries’ mediators, conciliators and labour inspectors have been provided since June in collaboration with the Labour Ombudsperson and Better Work Haiti. Training activities will be continuing until the end of the year. In the MAST, Mr. Renan Hédouville was officially appointed to replace Maitre Mondésir as Director of the Labour Department in the Ministry. The lawyer Mr. Hédouville is also a member of the CSS and he has already occupied the position of Director of the Labour Department in MAST from 1997-1999. Following the release of the report of the CSS in November, workers walked off the job in Port-au-Prince in early December 2013, calling for a higher increase in the minimum wage. The protests disrupted production and resulted in some violence. A number of workers from different factories were dismissed in connection with these events. Complaints from three factories for property damage e plo ers’ side and by workers for wrongful dismissals were filed with the MAST and remain unresolved as of the writing of this report. In the case of one factory, MAST stated that it was not the competent authority to adjudicate the case and the matter was transferred to the High Labour Court of Arbitration for resolution. That case is still pending. In April, an outbreak of the chicungunya virus affected the Caribbean and Haiti. The virus is transmitted by mosquitoes, leads to a few days of high fever and longer lasting effects such as joint pain, insomnia and headaches. Factories reported up to 20% absenteeism in the months of April, May and June due to the chicungunya virus which affected delivery of orders. -9- Industrial Relations in the Haitian garment industry At the time of writing, 18 officially recognised factory level unions are present in the apparel factories. These union cells are affiliated to 6 centrals/confederations and are present in 18 out of the 25 currently operating factories in Haiti that are part of the Better Work Haiti program. Thus, 70% of those participant apparel factories in the country now have a union presence.1 In 2013, the Haitian labour movement benefited from the support of two international trade union organizations, namely Solidarity Center/AFL-CIO and the International Trade Union Confederation (ITUC). ITUC no longer has an international representative in Haiti in 2014 but continues to support their affiliates in country. Solidarity Center/AFL-CIO, which is primarily assisting the unions in the apparel sector, continues its program activities in Haiti in 2014 with an office in country. Unions and employers have expressed a need for mass capacity building and awareness raising among workers about industrial relations in general terms. Better Work Haiti together with other key stakeholders in the sector such as CTMO-HOPE, the Office of the Labour Ombudsperson, ADIH, the unions, AFL-CIO and others will work together to assist the industry on gaining more mature industrial relations. Better Work Haiti will be designating an Industrial Relations Officer as of January 2015. This person will liaise with national partners to assist the sector in these efforts and to further strengthen social dialogue. The Better Work Haiti Industrial Relations Officer will work closely with the social dialogue roundtable of the garment industry in Haiti. The Social Dialogue Roundtable was created by representatives of the employers, unions, government, ILO and Better Work Haiti in July 2012 as a space for exchange, consultation and negotiation to harmonize relations between employers and workers' organizations. The members of the social dialogue roundtable have been working on a Memorandum of Understanding since its creation. The Memorandum of Understanding has been signed by the different actors engaged in the process as well as by a number of observers during an official ceremony in the Directorate General of SONAPI in Port-au-Prince on 27 March 2014. The Labour Ombudsman, CTMO-HOPE and Better Work Haiti have facilitated the signing ceremony of this Memorandum of Understanding. As per its MoU, the table will serve as a forum for exchange and negotiation between employers and workers ... in order to strengthen the competitiveness of a sector creating employment and contributing to the Haitia e o o through the pro otio of de e t ork. 2 In June, the executive secretariat of the table has been established. It consists of four members, two employer representatives and two union representatives. In September, the executive secretariat hosted its first self-organised social dialogue table meeting. The ILO is also looking into ways to provide additional trainings on relevant topics such as effective grievance mechanisms, which would be of great value to the sector. The work of the Office of the Labour Ombudsperson is being appreciated by all partners, and a number of cases were successfully remediated since the Labour Ombudsperson took on her office. 1 This information is based on information provided by the Solidarity Center, AFL-CIO Haiti Office. Note that union presence in additional factories exists and has been previously reported but these additional factory-level unions have not yet attained official recognition and therefore are not included in the calculation. 2 Memorandum of Understanding, Social Dialogue Roundtable, Apparel Sector in Haiti, p. 2. - 10 - Labour law reform Since 2011, the ILO has been providing technical assistance to reform the Haitian Labour Code thanks to financial support from Canada and by using its own resources. As a result, based on inputs from MAST and social partners, a first draft of the Labour Code was prepared. Following tripartite discussions, 11 out of 38 chapters from the draft Code were adopted in October 2013. Unfortunately, this tripartite consultation process has been on hold since then, mainly because of the tense discussions around the minimum wage. However, social partners, and in particular the MAST, have recently indicated that they are focusing their attention to the labour code in order to complete the reform process. The ILO is currently looking at ways and resources to support them, with the first step being to resume the tripartite discussions on the whole 38 chapters in the draft Code. 1.3. 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 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 Member States to respect and promote these principles and rights in four areas, whether or not they have ratified the relevant conventions. These categories, or clusters, are: freedom of association and collective bargaining, the elimination of forced or compulsory 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. Haiti has ratified all eight core Conventions listed above. According to the Haitian Constitution, ratified conventions become self-executing and therefore part of Haitian law. Working Conditions: The four other clusters assess conditions at work, including compensation, contracts and human resources, occupational safety and health, and working time. The compliance points covered in these clusters are largely consistent across countries; however each compliance point contains specific questions that may vary from country to country due to differences in national legislation. National legislation is used as a reference point even if it is not in accordance with the international conventions that have been ratified by the country. 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. - 11 - Table 1: Better Work compliance assessment framework Working Conditions Core Labour Standards Compliance clusters 1 Child labour 2 Discrimination3 3 Forced Labour 4 Freedom of Association and Collective Bargaining 5 Compensation 6 Contracts and Human Resources 7 Occupational Safety and Health 8 Working Time Compliance Points 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. Child Labourers Unconditional Worst Forms Hazardous Work Documentation and Protection of Young Workers Race and Origin Religion and Political Opinion Gender Coercion Bonded Labour Forced Labour and Overtime Prison Labour Freedom to Associate Union Operations Interference and Discrimination Collective Bargaining Strikes Minimum Wages4 Overtime Wages Premium Pay Method of Payment Wage Information, Use and Deduction Paid Leave Social Security and Other Benefits Employment Contracts Termination Dialogue, Discipline and Disputes Contracting Procedures OSH Management Systems Chemicals and Hazardous Substances Worker Protection Working Environment Health Services and First Aid Welfare Facilities Worker Accommodation Emergency Preparedness Regular Hours Overtime Leave Calculating non-compliance In public synthesis reports, Better Work reports on aggregate 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 3 In Better Work country-specific questio aires, a o plia e poi t Other Grou ds a e i luded u der the Discrimination cluster. This category is intended to assess specific discrimination issues that are covered in national labour law, and are considered to be aligned with the objectives of the relevant ILO conventions (100 and 111), but which are not explicitly named in the conventions, e.g., age, HIV/AIDS status, disability, etc. The questionnaire for Haiti does not include the Other Grou ds o plia e poi t e ause the Haitia la our law does not identify grounds for discrimination beyond those cited in Conventions 100 and 111. 4 th Since the 8 Better Work Haiti synthesis report, Better Work Haiti only reports non-compliance with the minimum wage st of reference of 200 (225 Gourdes as of 1 May 2014) Gourdes. The reporting on the production wage of 300 Gourdes will e do e ith spe ifi details o ea h fa tor ’s per e tages of orkers’ a erage ear i gs i the fa tor ta les i se tio V of the report. - 12 - 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 non-compliance rate does not sufficiently describe the specific issues that Enterprise Advisors (EAs) observe during assessments. In order to address this, tables presenting non-compliance findings in more detail are also prese ted i “e tio II see I Fo us ta les . These ta les allow the reader to fully appreciate specific challenges in compliance identified in factory assessments. In Focus tables report the number of factories found to be non-compliant with respect to each highlighted question. Better Work and public reporting The Better Work program supports fair and transparent public reporting. In all Better Work country programs, synthesis reports on the industry are prepared on the basis of the individual factory assessment reports and published twice a year. Evidence shows that public reporting of this kind helps encourage continuous improvement and reduces the probability of reversing compliance gains. Gathering and reporting these data over time enables factories to demonstrate their efforts to improve working conditions. In July 2010, Better Work Haiti published an initial compliance synthesis report, which featured aggregated compliance information based on factory assessments conducted by the program between October and December 2009. In October 2010, Better Work published its first Biannual Report under the HOPE II legislation, the first report produced under the requirements of the legislation (see Annex 1). Subsequently, Better Work Haiti produced the second (April 2011), third (October 2011), fourth (April 2012), fifth (October 2012), sixth (April 2013), seventh (October 2013), and eighth (April 2014) Biannual Reports, as required by the HOPE II legislation. The current report includes aggregated industry compliance data, as well as detailed factory-level analysis of compliance needs, priorities for remediation identified by the factory and efforts made to address compliance needs.5 Limitations in the assessment process The factory-level assessments carried out by Better Work Haiti follow a thorough checklist of more than 250 questions covering the abovementioned labour standards. Information is gathered through a variety of sources and techniques, including document review, observations on the shop floor, and interviews with managers, workers and union representatives. The information collected is compiled and analyzed to produce a detailed assessment report. Before the reports become official, factories are given seven calendar days to provide feedback. Worker interviews conducted during the assessment process are held onsite, either in a private room within the factory building or outside the building (yard, eating area), and take place 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 on their workplaces with people who are not well known to them. Nevertheless, after nine assessments conducted over 5 Reports produced under the HOPE II legislation differ in two ways from Better Work public reporting elsewhere: they include (1) factory names and compliance information from the first assessment (other Better Work country programs name factories after one year of engagement and two assessments); and (2) more details on compliance needs and factory remediation efforts. - 13 - several years, Better Work Haiti EAs have become more experienced at collecting information and interviewing workers, which together with other activities led by Better Work Haiti have contributed in creating 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. An average of 40 workers representing different sections of the factories, as well as union representatives, is interviewed. A o g the issues o ered i Better Work Haiti’s o plia e assess e t tool, se ual harassment, similarly to other countries, is one of the most sensitive and most difficult to detect during factory assessments. The assessment of sexual harassment in the workplace by Better Work Haiti is likely to underreport the extent of its occurrence. This issue has been considered seriously by employers. Thus, in 2013, Better Work Haiti contracted an American NGO which has been working in Haiti for many years, Heartland Alliance International, to conduct a qualitative study on sexual harassment in the garment sector. Better Work is following up on the findings by developing further tools to address the issue. Better Work Haiti staff received training on the detection of sexual harassment issues in the workplace in May 2013. Assessing compliance with freedom of association at the enterprise level also presents challenges, in part because some labour unions are organised at the sectoral level rather than at the factory level where small union cells predominate. - 14 - Section II: Findings 2.1. Compliance Assessment Findings (9th round of assessments) Non-compliance rates Chart 1 presents non-compliance findings for the 25 assessed factories in Haiti, showing noncompliance rates as well as the number of factories in non-compliance in brackets. Key findings are provided in Section 2.2 below. In Focus Tables provide additional information for Compliance Points, at the question level, where a significant number of factories was out of compliance. - 15 - Chart 1: Non-compliance rate* * A factory is found non-compliant in a compliance point if it is found out of compliance on any one aspect of it. - 16 - 2.2. Detailed Findings 1. Core labour standards During the last round of assessments, which took place between April 2014 and August 2014 in 25 factories, the following results have been observed. A. CHILD LABOUR Child Labour is virtually non-existent in the apparel sector in Haiti. There are no findings under the Child Labour cluster in the reporting period. B. DISCRIMINATION There was one finding of non-compliance in the Discrimination cluster for Gender. During an assessment, one factory was found to have sexual harassment of workers in the workplace. Several female workers reported having been asked for sexual favours from factory supervisors. During the assessment and in the prese e of the fa tor ’s HR Ma ager, Better Work Haiti Enterprise Advisors found a complaint in a suggestion box from one worker who claimed to have been repeatedly asked by a supervisor to have a relationship with him. At the time of the assessment, the factory had no policy in place against sexual harassment. Factory management had expressed that while they were aware of these concerns, they were lacking evidence. However, following the assessment factory management took immediate action and launched an investigation. A zero tolerance policy was drafted based on a template provided by Better Work Haiti. Supervisors were briefed on and asked to sign the policy. In addition to this, the factory requested Better Work’s supervisory training to be conducted. This training covers issues relating to sexual harassment and trains supervisors on soft skills with regards to adequate behaviour towards workers, including but not limited to abstaining from sexually harassing workers. During subsequent advisory services, the factory showed great openness to deal with and address the issue. Better Work Haiti will further develop its tools to assist factories on preventing and addressing sexual harassment. The fact that the note was found in the suggestion box and that the concern was taken seriously by the factory also testifies of a functioning grievance mechanism at this factory. Better Work is recommending well functioning grievance mechanisms to address issues in a systematic manner. C. FORCED LABOUR There are no findings under the Forced Labour cluster in this reporting period. D. FREEDOM OF ASSOCIATION AND COLLECTIVE BARGAINING There are two instances of non-compliance in this reporting period under the Cluster for Collective Bargaining and Interference and Discrimination. Both Collective Bargaining and Interference and Discrimination have non-compliance rates of 4% each. In one factory, as illustrated in previous public reports, the non-compliance finding is due to a failure to implement certain provisions of the CBA in force. In another factory, the employer had terminated two union representatives. Through intervention of the Labour Ombudsperson and mediation between the parties, the dismissed workers were reinstated but were subsequently subjected to threats, intimidation and harassment. As a consequence, seven out of the nine union members at this factory resigned from the union. 17 2. Working conditions E. COMPENSATION The Social Security and Other Benefits CP has a 52% non-compliance rate. The issues are detailed in the table below. In Focus 1: Social Security and Other Benefits Question Does the employer collect the required contribution to OFATMA from all workers? Does the employer collect the required social insurance contribution to ONA from all workers? Does the employer forward workers contributions to OFATMA? Does the employer forward workers contributions to ONA? Does the employer pay 3% of workers' basic salary to OFATMA for maternity and health insurance? Does the employer pay 3% of workers' basic salary to OFATMA for work-related accident insurance? Does the employer pay the required employer contribution to ONA? Does the employer pay workers their annual salary supplement or bonus? # factories out of compliance 0 3 0 9 0 4 9 2 The number of factories that are in non-compliance on ONA (pension funds) payments is highest in this compliance point with a total of 9 factories not forwarding employer and worker contributions to ONA. However, it has to be noted that factories pay the contributions but all of these non-compliances are due to late payments of the required ONA contributions. The Labour Law requires payments (6% of basic salaries from employees and 6% of basic salaries from employers) to be made before the 10th of each month. From the four factories that are in non-compliance on the payments for work-related accident insurance, two factories are not paying OFATMA contributions at all while the other two non-compliances relate to late payments. Paid Leave had a 24% non-compliance rate because 6 factories were non-compliant. In Focus 2 below shows the non-compliances at the question level. In Focus 2: Paid Leave Question Does the employer pay workers correctly during breastfeeding breaks? Does the employer pay workers correctly during sick leave? Does the employer pay workers correctly for annual leave? Does the employer pay workers correctly for legally mandated holidays? Does the employer pay workers correctly for maternity leave? Does the employer pay workers correctly for weekly rest days? # factories out of compliance 0 0 2 0 1 5 Five out of 6 factories did not pay workers correctly for weekly rest days. The law stipulates that workers who have worked 48 hours or 6 consecutive days are to be granted a paid weekly rest day which these five factories did not comply with. 18 Two factories did not pay annual leave correctly. In both cases, the review of payroll records showed that workers who had been on maternity leave were not paid their annual leave correctly. Maternity leave payments had not been included in annual leave calculations which lead to annual leave pay being calculated on a lower amount and subsequently being less than the amount the worker should have received. In both cases, management acknowledged the error in the calculation. The CP for Wage Information, Use and Deduction had a 20% non-compliance rate because five factories did not keep an accurate payroll record. Two factories did not pay workers 50% above the normal wage when workers worked regular hours on legally mandated holidays. There were 2 instances of non-compliance for the minimum wage of reference. As outlined above, the minimum wage of reference has been increased from 200 to 225 Gourdes as of 1st May 2014 per day for ordinary hours of work to all full-time workers. As announced in the 8th biannual public synthesis report, the compliance point on the production wage pie e rate has ee re o ed fro Better Work’s o plia e assess e t tool. Ho e er, Better Work continues to collect data from each factory on the percentages of piece rate workers earning 200-249/250299/300 and more Gourdes per day (for payrolls checked after May, the new minimum wage of reference of 225 Gourdes is being applied). Table 2 : Pie e rate orkers’ weighted average earnings across all factories assessed by Better Work 6 F. Average % of workers earning between 200/225 and 249 in 8 regular hours Average % of workers earning between 250 and 299 in 8 regular hours Average % of workers earning 300 Gourdes or more in 8 regular hours 33% 30% 37% CONTRACTS, AND HUMAN RESOURCES The highest non-compliance rating in this cluster is for Termination (40%) and Dialogue, Discipline and Disputes (32%). In Focus 3: Dialogue, Discipline and Disputes Question Did the employer resolve grievances and disputes in compliance with legal requirements? Do the disciplinary measures comply with legal requirements? 6 # factories out of compliance 0 6 Better Work collects the percentages of piece rate workers per factory who earn 200/225-249 Gourdes, 250-299 Gourdes or 300 Gourdes or more during eight hours of work (excluding workers who have been recruited within the past 3 months, or those who have been using their equipment for 3 months or less). The calculations are based on average earnings, meaning that if a worker earns 300 Gourdes per 8 hour day on nine out of ten days and then earns 250 Gourdes on the tenth day, the average earnings over the ten days would be recorded under the 250-299 Gourdes category. Please note that the percentages provided in this table are being calculated as weighted averages, taking into consideration the different factory sizes and their respective number of piece rate workers. 19 Have any workers been bullied, harassed, or subjected to humiliating treatment? 5 Six factories are found in non-compliance on disciplinary measures which do not comply with legal requirements. In most ases, dis ipli ar easures ere ot i a orda e ith the fa tories’ i ter al ork rules. In one factory, workers who did not come to work on Fridays were systematically being denied work on the following Saturday. The five cases of factories being in non-compliance on bullying, harassment or humiliating treatment relate to supervisors’ inappropriate treatment towards workers. In particular verbal abuse, shouting and harsh language have been reported by workers in these five factories. The supervisors concerned are both Haitian and foreign supervisors and all factories have acknowledged the situation. The supervisory skills training offered by Better Work is popular among factories as it helps in addressing this issue. So far, almost 200 supervisors in Haiti have been trained by Better Work Haiti. Three of the factories who had noncompliances related to bullying in the last cycle have already signed up for the training. In Focus 4: Termination Question # factories out of compliance Do workers have an opportunity to defend themselves before they are terminated based on their conduct or performance? Does the employer compensate workers for unused paid annual leave when they resign or are terminated? Does the employer comply with legal requirements before reducing the size of the workforce due to changes in operations? Does the employer notify the labour ministry when suspending operations due to lack of materials, force majeure, or accident resulting in an immediate work stoppage? Does the employer only terminate workers for valid reasons? Does the employer pay judicially ordered damages for wrongful termination? Does the employer pay workers their annual salary supplement or bonus upon termination? Does the employer provide workers proper notice of termination when required, or pay workers during the notice period? Has the employer complied with any orders to reinstate or compensate workers who were found to be unjustly terminated? 3 1 3 2 8 0 0 1 0 Under Termination, three cases of non-compliance were found for factories which did not give workers the opportunity to defend themselves before they were terminated based on their conduct or performance. Three factories were equally non-compliant on legal requirements before reducing the size of the workforce due to changes in operations. In such a case, a prior notification including the reason for the reduction of the size of the workforce needs to be submitted to MAST. A relatively high number of non-compliance points were found with regards to valid reasons for terminations. In all cases, assessors discovered files of terminated workers which either did not contain any reasons to justify their dismissal or they contained reasons that were not valid. Under Employment Contracts, three factories did not comply with the legal requirement of having internal work rules. There were no non-compliance findings for the compliance point for Contracting Procedures. 20 G. OCCUPATIONAL SAFETY AND HEALTH (OSH) The CPs for Health Services and First Aid and Working Environment both have a non-compliance rate of 100%. In Focus tables 4-5 highlight the key areas of non-compliance at the question level. In Focus 5: Health Services and First Aid Question # factories out of compliance Do workers have a medical check within the first three months of hiring and annual medical checks? Do workers who have been exposed to work-related hazards receive free health checks? Does the employer address safety and health risks to pregnant or nursing workers? Does the workplace have required onsite medical facilities and staff? Has the employer ensured there are a sufficient number of readily accessible first aid boxes/supplies in the workplace? Has the employer provided first-aid training for workers? 18 8 0 24 6 3 A total of 18 factories were non-compliant on conducting medical checks within the first three months of hiring and annual medical checks. According to the Haitian Labour Code, the annual medical exams are the responsibility of the Haitian institution OFATMA. Yet, these services are still not sufficiently delivered. All but one factory failed to provide the required number of medical facilities and staff as required by the Haitian Labour Law. The requirements of the law are quite demanding and many factories chose to not hire the required number of medical staff as according to them there is not sufficient work for them. Law requires one onsite nurse for factories with between 50 and 200 workers, two nurses for factories with between 200 and 500 workers and one additional nurse for every additional 200 workers in the factory. Moreo er, fa tories ith fe er tha 200 orkers should pro ide eekl do tor’s isits, a d fa tories ith more than 200 workers should have permanent on-site medical services. Better Work has observed improvements regarding the hiring of doctors, but the number of nurses remains substantially below the requirements, resulting in non-compliance. Some factories also have made arrangements with nearby medical facilities and provide workers free access to medical services there. On first-aid training for workers, improvements can be noted. From previously 7 non-compliant factories in the last cycle, this cycle only saw 3 factories not having provided first-aid training to the required 10% of the workforce. In Focus 6: Working Environment Question # factories out of compliance Are noise levels acceptable? Is the temperature in the workplace acceptable? Is the workplace adequately lit? Is the workplace adequately ventilated? 11 17 19 4 With regards to the Working Environment, Better Work measures noise, light and temperature levels at the factory in different sections and on different times of the day. Better Work standards are based on the ILO Code of Practice and ILO Caribbean Office OSH Program materials. Noise levels are too high in 11 factories. Most factories run music and/ or messages over a sound system which often is the cause for being over the maximum of 90 db which BW recommends. Temperature levels 21 were measured too high in 17 factories. Better Work recommends a maximum of 30 degree Celsius. Light levels have different standards depending on the section in which the lux levels are measured. A total of 19 factories were found to be non-compliant on light levels. And in 4 factories, ventilation systems need to be improved. Light, temperature and ventilation levels often relate to structural conditions of the factory buildings. In the case of rental buildings, factory management is not willing to invest substantial amounts in structural changes most of the time. In Focus 7: Welfare Facilities Question # factories out of compliance Does the employer provide workers enough free safe drinking water? Does the workplace have adequate accessible toilets? Does the workplace have adequate hand washing facilities and adequate soap? Does the workplace have all required facilities? Does the workplace have an adequate eating area? Is the workplace clean and tidy? 2 22 9 0 11 3 Welfare facilities remain with high non-compliance le els o the u er of toilets a d fa tories’ eati g areas. Similar to the requirements of the Haitian Labour law on the number of medical staff, the number of toilets that must be available in the workplace is equally demanding. One toilet is required for every 25 men and one toilet for every 15 women. Better Work recommends that existing toilets are well maintained in order to compensate for insufficient numbers. During assessments, Better Work therefore verifies the functioning of the toilets and also observes if there are lines in front of the bathrooms, which is rarely the case. The issue on drinking water in two factories where non-compliance was found is based on the water quality being found to not be satisfactory. All factories provide drinking water to workers. The non-compliance on adequate washing facilities and adequate soap in nine factories all relates to insufficient soap being provided at all times. Adequate hand washing facilities were available in all factories. Eleven factories are found to be in non-compliance on the eating area. Four factories are completely missing an eating area. The other seven have an eating area, but it is not sufficient to accommodate all workers. Three factories were not found to be sufficiently clean and tidy. In Focus 8: Emergency Preparedness Question # factories out of compliance Are emergency exits and escape routes clearly marked and posted in the work12 place? Are flammable materials safely stored? 1 Are possible sources of ignition appropriately safeguarded? 3 Are the emergency exits accessible, unobstructed and unlocked during working 7 hours, including overtime? Are there enough emergency exits? 3 Does the employer conduct periodic emergency drills? 3 Does the workplace have a fire detection and alarm system? 14 Does the workplace have adequate fire-fighting equipment? 11 22 Has the employer trained an appropriate number of workers to use the firefighting equipment? 4 There is an 84% non-compliance rate for the CP for Emergency Preparedness. In 12 factories, escape routes are not clearly marked in the workplace and/ or emergency exit sign are missing or not functioning. Sometimes when factories change the layout of their floor, the evacuation plans which were based on the previous layout of the floor become irrelevant. In three factories, Better Work found possible sources of ignition not properly safeguarded. In all three cases, mobile phones were being charged near a section, where flammable chemicals were stored. The 7 factories which were found non-compliant on emergency exits all relate to cases where these exits were obstructed by boxes or other materials. There was no case of locked exits found in any factory. Fire detection and alarm systems were found to be insufficient in 14 factories and fire-fighting equipment was equally found in non-compliance in 11 factories. The overall high non-compliance rate on emergency preparedness is partially explained by a lack of well functioning management systems in factories. An efficient management system with clear responsibilities assigned and procedures to be followed can help significantly to ensure that all emergency preparedness measures are regularly verified and updated. This does not only apply to emergency preparedness but also to other non-compliances where improvements in one cycle are followed by deteriorations in the next. Better Work is currently adjusting its advisory service package in order to be able to provide further indepth assistance to factories on this challenge (for further detail on this, see section IV Conclusion and Next Steps). In Focus 9 : Worker Protection Question # factories out of compliance Are appropriate safety warnings posted in the workplace? Are electrical wires, switches and plugs properly installed, grounded, and maintained? Are materials, tools, switches, and controls within easy reach of workers? Are proper guards installed and maintained on all dangerous moving parts of machines and equipment? Are standing workers properly accommodated? Are there sufficient measures in place to avoid heavy lifting by workers? Are workers effectively trained and encouraged to use the personal protective equipment that is provided? Are workers effectively trained to use machines and equipment safely? Are workers punished if they remove themselves from work situations that they believe present an imminent and serious danger to life or health? Do workers have chairs with backrests? Does the employer provide workers with all necessary personal protective clothing and equipment? 4 6 0 14 10 0 4 5 0 6 10 The compliance point for worker protection has a non-compliance rate of 80%. Fourteen factories did not have the appropriate guards installed on all dangerous moving parts of machines and equipment. Since the guards can break and need regular verification and replacement, non-compliance rates tend to be high due to the same reason as outlined in the previous table on emergency preparedness. Only through a system 23 which allows regular verification and update can this non-compliance be controlled in a sustainable manner. Standing workers were not properly accommodated in 10 factories. Haitian Labour Law requires that they be provided with chairs to sit on in regular intervals. Better Work also recommends that fatigue mats and/ or footrests are being provided to standing workers. Six factories did not provide chairs with backrest to workers. In 10 factories, workers were not provided with the necessary personal protective clothing and equipment. Some factories do not provide the appropriate equipment for certain working positions and others do not provide the PPE at all. During assessments, gloves were sometimes missing in the cutting section, ear plugs were found missing in the generator room or masks were missing in areas where workers were handling chemical and hazardous substances. In 4 cases, the factories were found to not having sufficiently trained workers to use the necessary PPE. This is a recurring issue as workers are usually informed of the need to wear their PPE in certain work stations, yet there is not always a formalised training being provided to them to ensure that workers fully understand the necessity to wear their PPE and thus do not comply with the requirement. In Focus 10: Chemicals and Hazardous Substances Question # factories out of compliance Are chemicals and hazardous substances properly labelled? Are chemicals and hazardous substances properly stored? Does the employer have chemical safety data sheets for all the hazardous chemicals used in the workplace? Does the employer keep an inventory of chemicals and hazardous substances used in the workplace? Does the employer provide adequate washing facilities and cleansing materials in the event of exposure to hazardous chemicals? Has the employer effectively trained workers who work with chemicals and hazardous substances? Has the employer taken action to assess, monitor, prevent and limit workers' exposure to chemicals and hazardous substances? 11 1 8 2 9 4 2 With regard to the relatively high amount of non-compliances on chemical and hazardous materials, factories do not have a functioning system in place to ensure that containers are always labelled, MSDS are continuously provided, and the inventories are always kept up to date. The fact that these substances are being renewed continuously contributes to the high non-compliance rates on these issues. Eleven factories were found in non-compliance on labelling of chemicals and hazardous substances and eight did not have the required MSDS for them. The 9 non-compliant factories with regard to adequate washing facilities and cleansing materials in the event of exposure to chemicals lacked sufficient eye wash stations. Training of workers who work with chemical and hazardous is not always formalised, or it is insufficiently provided, as workers neglect to follow instructions on the safe use of chemicals. Better Work is planning a training on chemical management to be offered to factories in October 2014. Under the CP for OSH Management Systems, which has the lowest non-compliance rate for this cluster (56%), the primary area of concern is that 11 employers had not performed an assessment of general occupational safety and health issues in the factory. 24 H. WORKING TIME The highest non-compliance finding is in the Overtime CP (36%). In Focus 11: Overtime Question # factories out of compliance Does the employer comply with limits on overtime hours worked? Does the employer obtain authorization from the Department of Labour before working on Sundays? Does the employer obtain authorization from the Department of Labour before working overtime? Is overtime work voluntary? 4 0 6 1 The legal limit by the Haitian Labour Code is a maximum of 80 hours of overtime per trimester. In four factories, some sections have performed overtime exceeding this legal limit. Six factories did not obtain authorisation from the Department of Labour before working overtime. Overtime was found to not be voluntary in one factory. Although several notices displayed in the workplace stated that overtime is supposed to be worked on a voluntary basis in the factory, different interviews with workers indicated that this was not the case. A note was anonymously posted in a suggestion box reaffirming that the fa tor does ot respe t orkers’ rights regardi g olu tar o erti e. Under the CP for Leave, there are no non-compliances at the question level except for 7 factories did not provide required breastfeeding breaks. For Regular Hours, 2 factories did not keep working time records that reflected the actual hours worked. 25 2.3. Compliance effort Compliance effort relates to the changes in non-compliance for each CP between the previous round of assessments and the present one. Compliance effort refers only to the factories that were registered with Better Work Haiti in both reporting periods. It must be noted that, as the compliance effort is an aggregate indicator for all factories that have been assessed at least twice by Better Work Haiti, it is sensitive to simultaneous improvements and declines in non-compliance. For example, if a factory moves from being non-compliant to compliant and another factory that had no non-compliance findings now is noncompliant in the same CP, the two would level each other out with no change in compliance effort. Among the 23 factories that have been assessed more than once, 5 factories improved their average noncompliance rate. Eighteen factories had higher non-compliance rates in this period than in the previous one, and 3 stayed the same. 26 Chart 2: Compliance Effort 27 There are no changes under the Clusters for Child Labor, Forced Labour and Freedom of Association and Collective Bargaining. Within the Discrimination cluster, Better Work Haiti finds a decrease in non-compliance for Gender of 4%. A case of sexual harassment was found at one factory. As pointed out under section 1.3 (Limitations in the assessment process), sexual harassment is generally likely to be underreported in factories. Method of Payment also improves by 4% as one additional factory was found to pay wages on time. Social Security and Other Benefits decreases by 13%, for a host of reasons. But the primary reason is due to 2 additional factories that were found to not pay workers their annual salary supplement or bonus. However, 3 employers began to pay 3% of orkers’ asi salar to OFATMA. Minimum Wages decreases by 13%. Two factories were not paying full time workers at least 200/ 225 (225 Gourdes as of 1st May 2014) Gourdes per day for ordinary hours of work. In one case, a factory failed to pay the correct new amount after the official increase to 225 Gourdes in their May payroll. In another case, a factory send workers home by mid day because they were not reaching the production targets and failed to pay these workers the minimum wage of reference. Wage Information, Use and Deduction decreases by 8% because 2 additional factories did not keep only one accurate payroll record. Employment Contracts decreases by 4% because internal work rules did not comply with legal requirements in one factory. Termination decreases by 4%. This is primarily because four additional factories either terminated workers for reasons that were not valid or they failed to provide any reasons for termination in some orkers’ files. Chemicals and Hazardous Substances declines by 21%. This is mainly due to increase is noncompliances in two areas. Five factories did not properly label chemicals and hazardous substances, and 7 additional factories did not provide adequate washing facilities and cleansing materials in the event of exposure to hazardous chemicals. Proper training needs to be provided to key middle management staff to ensure proper chemical and hazardous substances management. Emergency Preparedness declines by 4%. Possible sources of ignition were not appropriately safeguarded in 3 factories that initially did have them safe. In 6 additional factories, emergency exits were not accessible, unobstructed and unlocked during working hours, including overtime. No factory had locked exits, but in all but two cases, exits were found obstructed by boxes or other materials. This is due to the fact that assessments provide a snapshot of the situation at the factory of the time of the assessment. A factory may be assessed at a day where exits are obstructed while the next day this is no longer the case. Functioning management systems are required to allow a factory to have this non-compliance removed in a sustainable manner. OSH Management Systems sees a 17% decrease because 2 additional factories did not perform an assessment of general occupational safety and health issues in the factory. Welfare Facilities sees a 4% decline because 2 additional factories did not have adequate soap provided to workers. Again, the follow-up needs to be ensured in a systematic manner by management staff to ensure that non-compliance on this point is being avoided. 28 Worker Protection sees an 8% decline because standing workers were not properly accommodated in 6 additional factories. Working Environment sees a 4% decline as noise levels got worse in 4 additional factories. Factories play music and/ or messages over a sound system, which is often the cause for being over the maximum noise level of 90 db recommended by Better Work Haiti. Leave improves by 8% and Regular Hours improves by 4%. 29 Section III: Better Work Haiti Advisory Services and Training 3.1 Better Work Haiti Advisory Services This section highlights the advisory and training services undertaken by Better Work Haiti during the period of March to August 2014. Better Work programs include both compliance assessments and advisory services. Following the assessment of compliance needs at a factory, Better Work EAs typically work directly with the factory to set up a bipartite worker-management committee known as a Performance Improvement Consultative Committee (PICC). The EA then works with the PICC to create and implement improvement plans that address both non-compliance issues and ideally management systems. While factories are responsible for identifying and implementing improvement plans, advisory services ensure a tailored approach that provides direction and capacity building. In the past, there were some challenges setting up PICCs in Haiti. Due to these challenges, Better Work Haiti EAs have primarily provided advisory services with the management team of the factories through assistance in writing the improvement plans and monitoring of the remediation efforts. In order to ensure the involvement of worker representatives in these remediation efforts, Better Work Haiti has continued to assist the already established bipartite OSH committees in factories. However, in 2014, Better Work Haiti has been working with factories and unions to strengthen existing PICCs and establish new ones. Better Work Haiti is aiming at having functioning PICC established in 6 factories by the end of the year and at least 12 by the end of 2015. During advisory services, Better Work Haiti Enterprise Advisors discuss the purpose, composition and functioning of the PICC with factory management and – if applicable - existing union cells at the factory level during advisory services. A pre-PICC training is being held for interested candidates. Information flyers for all workers are being distributed prior to the election to inform workers about the process. The already existing PICC at Caribbean Island Apparel S.A. has been newly composed. Democratic elections among worker representatives have been held in May and the new PICC has been trained subsequently. Elections have been held in two additional factories, in March at Horizon Manufacturing S.A and in August at Modas Bu Il S.A. and trainings to the new bipartite committee members have been provided. In general, advisory services in the Better Work Haiti program will be strengthened through the bipartite committees at the factory level as evidence from other country programs shows. 3.2 Better Work Haiti Training Services In addition to factory assessments and advisory work, the Better Work program has designed a range of trainings intended for workers, line supervisors and managers. Better Work Haiti’s Trai i g Offi er has ee largely focussing on a new supervisory skills training which has been launched in late 2013. So far, almost 200 supervisors from eight different factories have been undergoing the 3-day long supervisory skills training which is being sponsored by The Walt Disney Company in all of Better Work country programs. The training is designed to give supervisors and middle managers a deeper understanding of important leadership and supervision concepts. Participants are trained to avoid a passive or authoritarian style of leadership and to strike a fair balance between the interests of the company and the interests of staff. The training also covers the topic of sexual harassment. 30 Apart from this training for supervisors, Better Work Haiti offers a range of shorter trainings for factory workers. Occupational Safety and Health training includes one course for workers to raise awareness of the potential risks in the workplace, and one course for OSH committee members on how to conduct regular hazard assessments and identify solutions to decrease risk. A series of Life Skills trainings aims to raise awareness and increase knowledge among workers on social aspects of their life and reduce their vulnerability. In addition to supporting workers to make good decisions in their everyday lives, this training provides them with more confidence and encourages them to disseminate helpful information to their peers. The Life Skills Training Kit includes the following modules: Maternity Protection, Introduction to Workplace Communication, Financial Literacy and Introduction to HIV/AIDS. The trainings are designed to accommodate approximately 25 participants. Worker trai i gs, hi h take i to a ou t orkers’ litera le els, are fo used o parti ipatio a d interaction through games and quizzes that encourage the learning and retention of information. Between March and August 2014, 834 workers from different factories were trained on Workplace Communication, Maternity Protection, financial literacy, HIV/AIDS and Occupational Safety and Health. The majority of these workers (676) were from factories in the North (CODEVI, S&H Global) as Better Work Haiti conducted 2 intensive training and advisory services missions to the North in the reporting period. As the highest non-compliance rates for the entire sector remain in the cluster Occupational safety and health (OSH), Better Work continues to provide support to factories on this topic. In cooperation with the Interamerican Development Bank (IDB), Better Work Haiti offered extensive training sessions to factory OSH committees since 2012. Effectively functioning OSH committees can assist factories in the systematic improvement of OSH-related non-compliance issues. Moreover, IDB experts conducted a Training of Trainers on OSH issues for key factory personnel in June 2014. These series of trainings on OSH matters in collaboration with IDB will continue in October 2014 with a particular focus on chemical management. 3.3 Related activities HER Project The majority of workers in the garment sector are women. In Haiti the current percentage is at 66% being women and therefore, a particular focus on topics of relevance for women is indispensable for Better Work activities. In this context and in partnership with the Share Hope Foundation and the Levi Strauss Foundation, Better Work launched the HER Project in Haiti in early 2014. This project focuses o o e ’s health issues. A peer approach is being used to train female factory workers on health issues, such as hygiene, maternal health, nutrition, HIV/AIDS and others. The one-hour training modules are designed for the workplace setting and are supposed to have widespread effects that bypass the factory context and impact communities. The project was initially launched in a first factory in the metropolitan industrial park SONAPI at Pacific Sports Haiti S.A. and in April, parallel project activities started in CODEVI in Ouanaminthe in the north of the country. Depending on the size of the factory, the entire project duration is between 18-24 months per factory to train female workers on 6 different modules. Share Hope Foundation which is implementing the HER Project activities in Haiti is planning on carrying on with the project beyond the initial two factories. Potential factories for delivery of the trainings are currently being assessed. 31 Section IV: Conclusions and Next Steps 4.1 Conclusion Overall, Better Work observes an increased level of engagement of all actors in the sector to contribute to improvements of the competitiveness of the Haitian garment sector. The HOPE II legislation has opened opportunities and brought about changes in the industry in Haiti. Old and new actors have to work together to find workable solutions to challenges. The commitment to set up a social dialogue roundtable for the sector has set a precedent for other industries in the country, and reflects a change of culture. The establishment of bipartite committees at the factory level will further strengthen this new approach. This ninth Better Work Haiti synthesis report highlights both the current state of working conditions in the factories enrolled in the program as well as the improvements that they have made in the last six months. Occupational Safety and Health remains the cluster with the highest non-compliance rates although many of the non-compliance issues are rather easy to fix. The program is addressing these issues through advisory services that are customized to address the non-compliance points specific to each factory, and through trainings targeted to workers and managers. In the reporting period, 25 factories have been assessed, including two for the first time. Better Work is still assessing each factory in Haiti twice a year, and given that the program has been established in 2009 with nine rounds of assessments being completed, overall substantial progress has been made by the factories and knowledge of compliance issues has significantly increased since the beginning of the program. Yet, Better Work Haiti can state that factories have reached a plateau in their learning curve and that currently, non-compliance levels see rather small changes from one cycle to the next. Also, remediated non-compliance issues have a tendency to not be fixed in a sustainable manner. Thus, factories may be found again non-compliant on an issue which had actually already been fixed in a past cycle. Therefore, Better Work recognises the necessity to shift its focus as of 2015 onwards to provide more in depth advisory services to assist factories to address root causes for non-compliance issues. Better Work along with constituents and donor partners is looking into the necessity of assessing all factories twice per year. While assessments provide a snap shot of the compliance issues, they do not add significant value to improvement. The HOPE II law requires two reports per year, but Better Work is looking at alternative ways beyond assessments to generate the information needed to satisfy the reporting requirements. Additional information could come from the advisory work done with the factories. 4.2 Next Steps Better Work Haiti Assessment and Advisory Services As the Better Work program is in its third phase as a global program with operations in now eight countries (Bangladesh, Cambodia, Haiti, Indonesia, Jordan, Nicaragua, Lesotho, and Vietnam), tools and approaches are constantly being adapted and revised to respond to the needs of the partners that the respective country programs work with. 32 Better Work Haiti’s compliance assessment tool (CAT) is currently being reviewed in all country programs to add management systems level questions and to also rationalise the entire catalogue of currently approximately 250 questions. Once this CAT rationalisation process is being finalised, the Better Work Haiti CAT will also be available on the Better Work website available for everybody. Together with fa tor assess e ts, Better Work’s ad isor a d trai i g ser i es are a i tegral part of the Better Work program. Better Work is currently working on developing tools for its advisory services to assist factories at the management systems level to tackle underlying reasons for recurring non-compliance issues. Factories with well established management systems can ensure that compliance improvements are sustainable in the long run. A new service delivery model with a stronger focus on advisory services will be implemented in all Better Work country programs in 2015. In Haiti, the establishment of PICCs will gradually move advisory services to the next level and at the same time, these bipartite committees will further promote the good practice of social dialogue at the factory level. In this context, Better Work Haiti is also working on providing support on productivity challenges to Haitian garment factories with a strong emphasis on management systems, including additional information on various incentive schemes, which are the subject of a sector-wide discussion in Haiti. Better Work Haiti Training Services The supervisory skills training will remain a focus until the end of the year with the objective of training a minimum of 400 supervisors in 2014 in Haiti. This training module will definitely continue to be part of Better Work’s trai i g portfolio. As the training is an extensive 3-day long capacity building measure, it is logistically challenging for factories to make their supervisors available for this required time. Therefore, Better Work Haiti is trying to accommodate each fa tor ’s specific needs in order to facilitate this important training to as many supervisors as possible. The training is being offered on weekends and in factory cluster sessions, where a reduced number of supervisors from various factories follow the course together. This also allows for exchange across factories. Moreover, factories are invited to send potential supervisors to the training. Better Work Haiti is equally considering offering this training in Spanish in 2015, as a substantial number of supervisors in the sector are from Spanish speaking countries. The portfolio of Better Work Haiti worker trainings will be extended by an additional training, most likely on fire safety by the end of the year. The focus on fire safety and emergency preparedness re ai s o Better Work’s age da. In October, another OSH training for factories in cooperation with the Interamerican Development Bank will be held. The focus of the training will be on chemical management. The topics covered include the potential impact of hazardous substances on people and environment, written records of a chemical management system, the benefits of a system, benefits and scope of a chemical management plan etc. Other activities Due to human resource constraints, Better Work did not hold its annual OSH fair in April nor its buyers’ & multistakeholders’ forum in summer 2014. Both activities are now planned for the last trimester of the year. The fair on Occupational Safety and Health, an event providing free medical checks to works, offering training courses on OSH subjects and raising awareness with a series of partners, will be held on October 25th in the Metropolitan industrial park SONAPI. The buyers’ & multistakeholders’ forum is planned for December 8th-9th. It serves as an opportunity for 33 international brands that already are or may be interested in sourcing in Haiti to meet with the various stakeholders of the Haitian garment industry to discuss issues of common relevance. 34 Section V: Factories in Detail 5.1 List of factories As of September 2014, 27 factories were registered with Better Work Haiti. Two factories, H&H Textiles S.A. and Industrial Revolution II, joined the program in early 2014 and have been assessed for the first time in this past assessment cycle. Their data with regards to this section of the report will be included in the next synthesis report after their second assessment. At the time of the ninth cycle of assessments, two factories, Lucotex and Fox River, were still temporarily not producing or not producing for exportation. Hence, they were both not assessed. Table 3: Number of workers in factories registered to Better Work Haiti7 N° of workers in factories registered to Better Work Haiti Of these, N° of women workers June 2010 22,598 Dec 2010 27,264 June 2011 27,000 Dec 2011 24,298 June 2012 24,497 Dec 2012 25,924 June 2013 28,591 Dec 2013 29,299 July 2014 30,841 14,796 16,978 15,783 15,523 15,380 16,688 17,887 18,899 20,284 Table 4: List of factories in the Haitian garment sector registered with Better Work as of August 2014 Name of factory Status 1. Caribbean Island Apparel S.A. Registered in 2009 2. CODEVI Registered in 2009 3. DKDR HAITI S.A. Registered in 2009 4. Fairway Apparel S.A. Registered in 2010 5. Fox River Caribe, INC Registered in 2009 (temporarily out of operations) 6. Genesis S.A. Registered in 2009 7. Gladiator Textiles LLC Registered in 2012 8. Global Manufacturers & Contractors S.A. Registered in 2010 8 9. H&H Textiles S.A. Registered in 2014 10. Horizon Manufacturing S.A. Registered in 2010 11. Indigo Mountain Haiti S.A. Registered in 2012 12. Industrial Revolution II S.A. 9 Registered in 2014 7 Please note the orkers of t o fa tories listed i Ta le 4 List of fa tories i the Haitia gar e t se tor registered ith Better Work as of August 2014” are not included in this total number of workers: Foxriver and Lucotex (both not producing/ exporting during the past assessment cycle). Also please note that the total number of workers only reflects the number of production workers but not all employees of the factory. Management staff for all factories adds up to an additional 2,004 emloyees for all of the 25 factories included in this calculation. 8 Data for this factory is not included in Section 5.2 of this report. 9 Data for this factory is not included in Section 5.2 of this report. 35 13. InterAmerican Wovens S.A. Registered in 2009 14. Johan Company Registered in 2009 15. Lucotex Manufacturing CO Registered in 2010 (temporarily not producing for export) 16. Modas BU IL Haiti S.A. Registered in 2013 17. MGA Haiti S.A Registered in 2009 (before: Modas Gloria Apparel S.A.) 18. Multiwear S.A. Registered in 2009 19. One World Apparel S.A. Registered in 2009 20. Pacific Sports Haiti S.A. Registered in 2009 21. Palm Apparel S.A. Registered in 2009 22. Premium Apparel S.A. Registered in 2009 23. Quality Sewing MFG. S.A. Registered in 2009 (before: Magic Sewing MFG S.A.) 24. Sewing International S.A. Registered in 2009 25. S&H Global S.A. Registered in 2012 26. The Willbes Haitian II S.A. Registered in 2010 27. The Willbes Haitian III S.A. Registered in 2010 5.2. Findings from the factories This section reports on efforts made by the factories to address their non-compliance findings as outlined in the previous HOPE II biannual reports (October 2010, April 2011, October 2011, April 2012, October 2012, April 2013, October 2013 and April 2014). After receiving the assessment report, factories have to identify their improvement priorities detailing them in an Improvement Plan. Better Work Haiti works alongside the factory through advisory services documenting progress made against these priorities in the Progress Report. The factory tables presented in this section provide detailed i for atio deri ed fro ea h fa tor ’s I pro e e t Pla a d Progress Report. As required by the HOPE II legislation, the following information is given for each factory that has been assessed at least twice by Better Work Haiti: compliance needs by compliance cluster and by compliance point: black dots () represent non-compliance identified in the baseline assessment and non-compliance that has not yet been addressed by the factory in its improvement plan. Half-black dots ( ) represent areas where factories have made several improvements but are still in non-compliance since each compliance point is comprised by several questions; details on the non-compliance identified by EAs: the information included in this column constitutes the issues where evidence of non-compliance was found; improvement priorities identified by the factory; efforts made by the factory to remedy the compliance needs as verified in the most recent assessment visit; with respect to non-compliance areas that have not been remediated, the amount of time that has elapsed since the first public report. Note: Better Work is not reporting on compliance with the production wage, but is indicating the percentage of piece rate workers being paid 300 Gourdes or more during ordinary hours of work in the chart below each individual factory table. These percentages can vary over the cycles as they 36 depend on a number of factors, such as the geographical location which can cause challenges to find skilled workforce (e.g. in the newly developed industrial area in the North where no garment industry existed before), fluctuation of orders and production cycles. 37 Factory Tables 38 Caribbean Island Apparel S.A. Location: Number of workers: Date of registration: Factory was found non-compliant. Factory was progressing No-evidence of non-compliance. Port-au-Prince 1543 9-Sep-09 Advisory and Training Services Date Activity 25-Mar-14 Management Intro Meeting 8-Apr-14 Pre-PICC training provided to 14 workers 30-Apr-14 Social dialogue round table 8-May-14 New PICC Election 09-10 June 2014 Participation in OSH Training in collaboration with IDB 26-Jun-14 Social dialogue round table Compliance cluster Compliance point Assessment Details of non-compliance 1 2 3 4 5 6 7 8 9 Improvement Priorities Child Labourers Documentation and Protection of Child Labour Young Workers Hazardous Work Unconditional Worst Forms Gender Other Grounds Discrimination Race and Origin Religion and Political Opinion Bonded Labour Coercion Forced Labour Forced Labour and Overtime Prison Labour Collective Bargaining Freedom of Association and Interference and Discrimination Collective Bargaining Strikes Union Operations Method of Payment Minimum Wages Overtime Wages Paid Leave Compensation Premium Pay Payment for weekly rest days Pay workers correctly for weekly rest day Payment for annual leave Pay workers correctly for annual leave Remediation Efforts Months Compliance cluster Compliance point Social Security and Other Benefits Assessment Details of non-compliance 1 2 3 4 5 6 7 8 9 Payment of annual salary supplement or bonus. Improvement Priorities Remediation Efforts Months Pay workers the annual salary supplement or bonus. Wage Information, Use and Deduction Contracting Procedures Contracts and Human Resources Dialogue, Discipline and Disputes Employment Contracts Termination Chemicals and Hazardous Substances Number of emergency exits. Ensure there are at least 2 exits per building 6 The factory installed fire detection and alarm systems. Emergency Preparedness The emergency exits and escape routes are marked and posted. Onsite medical facilities and Ensure there sufficient onsite staff. medical facilities and staff. Health Services and First Aid Occupational Safety and Health Pre-assignment and/or annual medical checks for workers. 48 Ensure that workers receive their medical checks. Workers who are exposed to work-related hazards receive periodic health checks. OSH Management Systems Toilets. Welfare Facilities Worker Accommodation Ensure that the number of toilets is complaint with the law. 18 Compliance cluster Compliance point Assessment Details of non-compliance 1 2 3 4 5 6 7 8 9 Workplace temperature. Working Environment Workplace lighting. Worker Protection Improvement Priorities Ensure that workplace temperature is acceptable. Ensure that workplace lighting is at the minimum required level. Installing guards on all dangerous moving parts of machines and equipment. Install guards on dangerous moving parts of machines Authorization from the Department of Labor for overtime. Have the proper authorization to work overtime. Leave Working Time Overtime Regular Hours Perce tage of piece rate orkers ear i g 300 Gourdes or Oct-13 47% ore for eight hours of ork Apr-14 34% orkers’ a erage ear i gs : Oct-14 60% Remediation Efforts Months 36 CODEVI Location: Number of workers: Date of registration: Factory was found non-compliant Factory was progressing No-evidence of non-compliance Ouanaminthe 6460 24-Sep-09 Advisory and Training Services Date Activity 26-Apr-14 3-day long Supervisory Skills Training provided to 25 supervisors 5-May-14 Improvement plan intro meeting with factory management. 7-May-14 3-day long Supervisory Skills Training provided to 14 supervisors 21-Jun-14 3-day long Supervisory Skills Training provided to 11 supervisors 8-May-14 Training on maternity protection provided to 92 workers 21-Jun-14 Supervisory Skills Training 23-Jun-14 Training on workplace cooperation 1&2 provided to 44 workers 26-Jun-14 Training on workplace cooperation 1&2 provided to 31 workers 27-Jun-14 Training on maternity protection provided to 54 workers 28-Jun-14 3-day long supervisory skills training provided to 9 supervisors 30-Jun-14 Training on financial literacy 1&2 provided to 52 workers 1-Jul-14 Training on financial literacy 3 provided to 52 workers 2-Jul-14 Training on OSH awareness provided to 25 workers 2-Jul-14 Training on workplace cooperation 1&2 provided to 28 workers 4-Jul-14 Training on OSH awareness provided to 43 workers 26-Aug-14 Training on workplace cooperation 1&2 provided to 75 workers 27-Aug-14 Management Intro meeting 28-Aug-14 Training on financial literacy 1, 2 & 3 provided to 59 workers 29-Aug-14 Training on HIV provided to 87 workers 29-Aug-14 Advisory visit , improvement and action plan Compliance cluster Compliance point Child Labour Child Labourers Documentation and Protection of Young Workers Hazardous Work Unconditional Worst Forms Gender Discrimination Forced Labour Other Grounds Race and Origin Religion and Political Opinion Bonded Labour Coercion Forced Labour and Overtime Prison Labour Assessment Details of non-compliance 1 2 3 4 5 6 7 8 9 Improvement Priorities Remediation Efforts The factory is implementing a system to prevent sexual harassment at the workplace. Months Compliance cluster Compliance point Collective Bargaining Assessment Details of non-compliance 1 2 3 4 5 6 7 8 9 Improvement Priorities Implementation of collective agreement. Correctly apply the collective bargaining agreement. Payment for ordinary overtime. Overtime wages must be paid 50% above the normal wage. Payment for overtime worked at night. Overtime hours completed at night must be paid 100% above the normal wage. Remediation Efforts Months 42 Freedom of Association and Collective Bargaining Interference and Discrimination Strikes Union Operations Method of Payment Minimum Wages Overtime Wages Overtime hours worked on Payment for overtime hours legally mandated holidays worked on holidays. must be paid 100% above the normal wage. Paid Leave Payment for weekly rest days. Payment for regular hours worked on holidays. Compensation Pay weekly rest day to all workers entitled to it. Pay workers 50% above the normal wage for regular hours worked on legally mandated holidays. Premium Pay Employer contribution to OFATMA for work-related accident insurance. Forwarding of workers' contributions for social insurance funds to ONA. Wage Information, Use and Deduction Contracting Procedures 12 Payment for regular working hours worked on weekly rest days was done according to the law. Employer contribution to ONA. Social Security and Other Benefits 36 Forward workers’ contribution to ONA on time. Forward employers’ contribution to ONA on time. Pay work-related accident insurance to OFATMA. 30 Compliance cluster Compliance point Assessment Details of non-compliance 1 2 3 4 5 6 7 8 9 Improvement Priorities The factory is implementing a system to prevent bullying, harassment or humiliating treatment of workers. Dialogue, Discipline and Disputes Employment Contracts Reasons for termination. Contracts and Human Resources Termination Remediation Efforts Opportunity for workers to defend themselves before termination based on conduct or performance. Suspension of workers due to lack of materials, force majeure, or accident resulting in an immediate work stoppage. Reason for termination must be clearly mentioned in workers files and they must be in accordance with the law with regards to workers performance and conduct. Workers must be given an opportunity to defend themselves before disciplinary measures are applied. Notify the labor ministry when suspending operations due to lack of materials, force majeure, or accident resulting in an immediate work stoppage. Months Compliance cluster Compliance point Chemicals and Hazardous Substances Assessment Details of non-compliance 1 2 3 4 5 6 7 8 9 Improvement Priorities Inventory of chemicals and hazardous substances used in the workplace. Keep an accurate inventory of all chemicals and hazardous substances used in the workplace. Labelling of chemicals and hazardous substances. Label all containers of chemicals and hazardous substances used in the workplace. Remediation Efforts Months 48 Washing facilities or cleansing materials in the Install eye wash stations in event of chemical exposure. all areas where chemicals are stored or in use. Chemical safety data sheets for all chemicals and hazardous substances in the Provide MSDS for all workplace. chemicals and hazardous substances used in the workplace. All building s were found equipped with an adequate storage for chemicals and hazardous substances. Emergency Preparedness Accessible, unobstructed, and/or unlocked emergency exits during working hours, including overtime. Ensure that all escape routes and exits remain unobstructed and open, unlocked at all time during working hours. Fire detection and alarm system. Install smoke detectors in all buildings. Firefighting equipment. Install and maintain proper fire-fighting equipment in and ensure they are readily accessible at all time Marking or posting of emergency exits and/or escape routes in the workplace. Post and mark emergency exits and escape routes in the workplace. 30 Compliance cluster Compliance point Assessment Details of non-compliance 1 2 3 4 5 6 7 8 9 Improvement Priorities Remediation Efforts Onsite medical facilities and Provide the number of staff. nurses inside the workplace as per labour law. Health Services and First Aid First aid boxes/supplies in the workplace. Occupational Safety and Health Pre-assignment and/or annual medical checks for workers. Recording work-related accidents and diseases and/or submitting the record to OFATMA. Months 48 Keep first aid boxes readily accessible. Provide pre-assignment and annual medicals checks for workers. Submit all work-related accidents and diseases to OFATMA. OSH Management Systems 42 The factory has conducted several assessment of general occupational safety and health issues in the factory. Washing facilities and/or soap. Provide washing facilities and soap Toilets. Provide the amount of toilets required by the Haitian Labour Code. Eating area. Provide seats for all the workers during lunch time. 48 Welfare Facilities Enough safe drinking water is being provided to all workers. Worker Accommodation Workplace temperature. Decrease the temperature levels in the workplace. Workplace noise levels. Decrease the noise levels in the workplace. Workplace lighting. Adequately lit the workplace. Working Environment 36 Compliance cluster Compliance point Assessment Details of non-compliance 1 2 3 4 5 6 7 8 9 Improvement Priorities Remediation Efforts Providing workers with Provide workers with personal protective clothing personal protective clothing and equipment. and equipment. Chairs with backrests. 48 Provide workers with chairs with backrest. Installing, grounding, and/or Safely maintain and isolate maintaining electrical wires, all electrical wires and installations in the switches, and/or plugs. workplace. Installing guards on all dangerous moving parts of Install and maintain proper machines and equipment. guards on all dangerous moving parts of machines. Worker Protection Time off for annual leave is granted according to the law. Leave Limits on overtime hours worked. Comply with limits on overtime hours worked. Authorization from the Department of Labour for overtime. Obtain authorization from the Department of Labour for overtime. Working Time Overtime Regular Hours Perce tage of piece rate orkers ear i g 300 Gourdes or Oct-13 51% Months ore for eight hours of ork Apr-14 37% orkers’ a erage ear i gs as a u Oct-14 44% eighted a erage for all uildi gs : 36 DKDR Haiti S.A. Location: Number of workers: Date of registration: Factory was found non-compliant Factory was progressing No-evidence of non-compliance Port-au-Prince 1412 9-Oct-09 Advisory and Training Services Date Activity 26-Mar-14 Follow up visit on improvement plan. 22-Aug-14 Management Intro Meeting Compliance cluster Child Labour Discrimination Forced Labour Compliance point Assessment Details of non-compliance Improvement Priorities 1 2 3 4 5 6 7 8 9 Remediation Efforts Months Child Labourers Documentation and Protection of Young Workers Hazardous Work Unconditional Worst Forms Gender Other Grounds Race and Origin Religion and Political Opinion Bonded Labour Coercion Forced Labour and Overtime Prison Labour Collective Bargaining Threats, intimidation or harassment of unionists. Freedom of Association and Interference and Discrimination Collective Bargaining Eliminates threats, intimidation or harassment of unionists. 6 Terminating workers for Reinstate all eligible workers joining a union or engaging who were terminated for in union activities. joining a union or engaging in union activity. Strikes Union Operations Method of Payment Minimum Wages Overtime Wages Paid Leave Premium Pay Payment for weekly rest days. Pay weekly rest days to all eligible workers. 6 Compliance cluster Compliance point Assessment Details of non-compliance Improvement Priorities 1 2 3 4 5 6 7 8 9 Remediation Efforts The employer pays its contribution to OFATMA for work related accident insurance. Compensation Social Security and Other Benefits Employer contribution to ONA. Pay employer contribution to ONA. Forwarding of workers' contributions for social insurance funds to ONA. Forward workers' contributions for social insurance funds to ONA. Months 24 The employer keeps accurate payroll records. Wage Information, Use and Deduction Contracting Procedures Disciplinary measures. Ensure that disciplinary measures comply with the law. Bullying, harassment or humiliating treatment of workers. Ensure that workers are not bullied, harassed or humiliated. Dialogue, Discipline and Disputes Employment Contracts 24 Compliance cluster Compliance point Contracts and Human Resources Termination Chemicals and Hazardous Substances Assessment Details of non-compliance Improvement Priorities 1 2 3 4 5 6 7 8 9 Reasons for termination. Provide valid reasons for termination. Opportunity for workers to defend themselves before termination based on conduct or performance. Offer opportunity for workers to defend themselves before termination based on conduct or performance. Notice of termination. Provide appropriate notice of termination. Remediation Efforts Months Reductions in workforce size Follow legal guidelines when due to changes in reducing workforce size due operations. to changes in operations. Suspension of workers due to lack of materials, force majeure, or accident resulting in an immediate work stoppage. Follow legal guidelines when suspending workers due to lack of materials, force majeure, or accident resulting in an immediate work stoppage. Assessing, monitoring, preventing and/or limiting workers' exposure to hazardous substances. Assess, monitor, prevent and/or limit workers' exposure to hazardous substances. 48 The employer keep adequate inventory of chemicals and hazardous substances used in the workplace. All chemicals and hazardous substances are labelled. All chemicals and hazardous substances are correctly stored. Compliance cluster Compliance point Assessment Details of non-compliance Improvement Priorities 1 2 3 4 5 6 7 8 9 Remediation Efforts Training workers to use the Train workers to use the firefighting equipment. firefighting equipment. Emergency Preparedness Accessible, unobstructed, and/or unlocked emergency exits during working hours, including overtime. Ensure that all emergency exits are kept accessible, unobstructed, and/or unlocked during working hours, including overtime. Fire detection and alarm system. Install appropriate fire detection and alarm system. Months 18 Adequate firefighting equipment is available in the workplace. All emergency exits and/or escape routes in the workplace are marked or posted. The employer trained the required number of workers in first aid. 48 Onsite medical facilities and Provide onsite medical staff. facilities and staff as required by law. Health Services and First Aid OSH Management Systems Occupational Safety and Pre-assignment and/or annual medical checks for workers. Provide pre-assignment and/or annual medical checks for workers. Health checks for workers who are exposed to work-related hazards. Provide health checks for workers who are exposed to work-related hazards. Assessment of general Perform regular assessment occupational safety and of general occupational health issues in the factory. safety and health issues in the factory. 6 Compliance cluster Compliance point Occupational Safety and Health Welfare Facilities Assessment Details of non-compliance Improvement Priorities 1 2 3 4 5 6 7 8 9 Washing facilities and/or soap. Provide adequate washing facilities and/or soap. Providing drinking water. Provide drinking water. Workplace cleanliness. Ensure that the workplace is kept clean and tidy. Toilets. Increase the number of toilets and repair the ones that are malfunctioning. Eating area. Provide an adequate eating area. Remediation Efforts Months 48 Worker Accommodation The workplace is well ventilated. Working Environment Workplace temperature. Reduce the workplace temperature. Workplace noise levels. Reduce the workplace noise levels. Workplace lighting. Increase the workplace lighting. 36 Compliance cluster Compliance point Assessment Details of non-compliance Improvement Priorities 1 2 3 4 5 6 7 8 9 Remediation Efforts Providing workers with Provide workers with personal protective clothing personal protective clothing and equipment. and equipment. Training and encouragement of workers to use the personal protective equipment provided. Train and encourage workers to use the personal protective equipment provided. Accommodating standing workers. Accommodate standing workers properly. Chairs with backrests. Provide all workers with chairs with backrests. 48 Installing, grounding, and/or Ensure that all electrical maintaining electrical wires, wires, switches, and/or plugs are correctly installed, switches, and/or plugs. grounded, and/or maintained. Training of workers to use Train workers to use machines and equipment machines and equipment safely. Safety warnings are posted in safely. the workplace. Worker Protection Guards have been installed on all dangerous moving parts of machines and equipment. Time off for breastfeeding breaks. Leave Working Time Voluntary overtime. Overtime Regular Hours Perce tage of piece rate orkers ear i g 300 Gourdes or Oct-13 11% ore for eight hours of ork Apr-14 9% orkers’ a erage ear i gs : Oct-14 11% Provide time off for breastfeeding breaks to all eligible workers.. Ensure that overtime is voluntary. Months Fairway Apparel S.A. Location: Number of workers: Date of registration: Factory was found non-compliant Factory was progressing No evidence of non-compliance Port-au-Prince 487 22-Oct-10 Advisory and Training Services Date Activity 25-Mar-14 Advisory on the introduction of a grievance mechanism in the factory 26-Mar-14 Meeting with factory manager. Training plan proposal. Factory tour 14-May-14 Follow up visit on the establishment of PICC. 30-Apr-14 Participation in the social dialogue roundtable. 09, 10 June 2014 Participation in OSH training in collaboration with IDB 26-Jun-14 Participation in the social dialogue roundtable. 22-Jul-14 Management intro meeting. Improvement plan discussion. Compliance cluster Compliance point Assessment Details of non-compliance 1 2 3 4 5 6 7 8 Improvement Priorities Child Labourers Documentation and Protection of Child Labour Young Workers Hazardous Work Unconditional Worst Forms Gender Other Grounds Discrimination Race and Origin Religion and Political Opinion Bonded Labour Coercion Forced Labour Forced Labour and Overtime Prison Labour Collective Bargaining Freedom of Association and Interference and Discrimination Collective Bargaining Strikes Union Operations Method of Payment Minimum Wages Overtime Wages Payment for weekly rest days. Paid Leave Months Remediation Efforts Ensure that all workers completing six consecutive work days of 48 hours receive payment for the weekly rest day. Compliance cluster Compliance point Assessment Details of non-compliance 1 2 3 4 5 6 7 8 Improvement Priorities Months Remediation Efforts Premium Pay Compensation Social Security and Other Benefits Employer contribution to ONA. Regularize back payment for employer’s contribution and make ongoing monthly payment to ONA on time. Forwarding of workers' contributions for social insurance funds to ONA. Regularize back payment for worker’s o tri utio and make ongoing monthly payment to ONA on time. 30 Employer contribution to OFATMA for work-related accident insurance is paid by the factory. Payroll records. Factory must ensure accuracy between the payroll and attendance records. All working hours must be clearly reported. Bullying, harassment or humiliating treatment of workers. Ensure that no worker is subjected to bullying or humiliating treatment in the workplace. Wage Information, Use and Deduction Contracting Procedures Contracts and Human Resources Dialogue, Discipline and Disputes Employment Contracts Termination Chemicals and Hazardous Substances 6 Compliance cluster Assessment Details of non-compliance 1 2 3 4 5 6 7 8 Compliance point Fire detection and alarm system. Improvement Priorities Months Remediation Efforts Install adequate fire detection and alarm system in the cutting building. Emergency Preparedness 36 Fire alarm and smoke detectors were installed in the cutting building after the last assessment. To be verified during the next assessment. The factory has removed the flammable materials that were subjected to fire risk. All material are being stored safely. Occupational Safety and Health Health Services and First Aid Onsite medical facilities and Provide the required staff. medical staff as per the law. 42 Toilets. Provide the quantity of toilets required by the Haitian Labour code. 42 Workplace lighting. Increase the lighting levels in the workplace. 24 Installing guards on all dangerous moving parts of machines and equipment. Install guards on all dangerous moving parts of machines and equipment. 6 OSH Management Systems Welfare Facilities Worker Accommodation Working Environment Worker Protection Leave Overtime Regular Hours Working Time Perce tage of piece rate orkers ear i g 300 Gourdes or Oct-13 11% ore for eight hours of ork Apr-14 0% orkers’ a erage ear i gs : Oct-14 6.50% Genesis S.A. Location: Port-au-Prince Factory was found non-compliant Number of workers: 1096 Factory was progressing Date of registration: 28-Oct-09 No-evidence of non-compliance Advisory and Training Services Date 26-Feb-14 27-Feb-14 10-Apr-14 9th-10th June 2014 26-Aug-14 Activity Follow up on improvement plan/ PICC discussions Meeting/Training session with OSH committee Advisory on Pre- assessment questionnaire and PICC formation Participation in OSH Training in collaboration with IDB Management Intro Meeting Compliance cluster Compliance point Assessment 1 2 3 4 5 6 7 8 Child Labour Child Labourers Documentation and Protection of Young Workers Hazardous Work Unconditional Worst Forms Gender Discrimination Other Grounds Race and Origin Religion and Political Opinion Bonded Labour Forced Labour Coercion Forced Labour and Overtime Prison Labour Collective Bargaining Freedom of Association and Interference and Discrimination Collective Bargaining Strikes Union Operations Method of Payment Minimum Wages Overtime Wages Paid Leave Compensation Details of non-compliance Improvement Priorities Remediation Efforts Months Compliance cluster Compliance point Assessment Details of non-compliance Improvement Priorities Labeling of chemicals and hazardous substances Ensure that all secondary containers are labeled Firefighting equipment. Ensure that there are adequate fire fighting equipment . Remediation Efforts Months 1 2 3 4 5 6 7 8 Compensation Premium Pay Social Security and Other Benefits Wage Information, Use and Deduction Contracting Procedures Contracts and Human Resources Dialogue, Discipline and Disputes Employment Contracts Termination Chemicals and Hazardous Substances Emergency Preparedness Marking or posting of emergency exits and/or escape routes in the workplace. Ensure that exits are marked and posted in the workplace. Onsite medical facilities and Ensure that factory is staff. compliant with the number of nurses and doctor visits required. Pre-assignment and/or annual medical checks for workers. Ensure that workers receive free health checks. Health Services and First Aid The factory put a system in place with a near by hospital in order to monitor and ensure that workers exposed to work related hazard receive the necessary medical checks Occupational Safety and Health OSH Management Systems Toilets. Welfare Facilities Ensure the number of toilets is compliant with the law 42 Compliance cluster Assessment Compliance point Details of non-compliance Improvement Priorities Workplace temperature. Ensure that the temperature is acceptable. Remediation Efforts Months 1 2 3 4 5 6 7 8 Worker Accommodation Workplace noise levels. Working Environment Ensure that there is adequate lighting in the workplace. Workplace lighting. Worker Protection Leave Overtime Regular Hours Working Time Perce tage of piece rate orkers ear i g 300 Gourdes or Oct-13 7% ore for eight hours of ork Apr-14 7% Maintain noise levels below 90db. orkers’ a erage ear i gs : Oct-14 20% 12 Gladiator LLC Location: Port-au-Prince Factory was found non-compliant Number of workers: 298 Factory was progressing Date of registration: 27-Nov-12 No evidence of non-compliance Advisory and Training Services 13-Aug-14 Management Intro Meeting Compliance cluster Compliance point Assessment 1 2 3 4 Child Labour Child Labourers Documentation and Protection of Young Workers Hazardous Work Unconditional Worst Forms Gender Discrimination Other Grounds Race and Origin Religion and Political Opinion Bonded Labour Forced Labour Coercion Forced Labour and Overtime Prison Labour Collective Bargaining Freedom of Association and Interference and Discrimination Collective Bargaining Strikes Union Operations Method of Payment Minimum Wages Overtime Wages Paid Leave Compensation Premium Pay Details of non-compliance Improvement Priorities Remediation Efforts Months Compliance cluster Compliance point Assessment Details of non-compliance Improvement Priorities Internal work rules. Ensure that internal work rules comply with the legal requirements. Labelling of chemicals and hazardous substances. Label all chemicals and hazardous substances used in the workplace. Remediation Efforts Months 1 2 3 4 Social Security and Other Benefits Wage Information, Use and Deduction Contracting Procedures Dialogue, Discipline and Disputes Contracts and Human Resources Employment Contracts Termination Chemicals and Hazardous Substances 18 Chemical safety data sheets for all chemicals and Post chemical safety data hazardous substances in the sheets for all chemicals and workplace. hazardous substances in the workplace. The factory keeps an inventory of chemicals and hazardous substances used in the workplace. Emergency Preparedness Onsite medical facilities and Provide onsite medical staff. facilities and staff as required by law. Occupational Safety and Health Health Services and First Aid Pre-assignment and/or annual medical checks for workers. Provide pre-assignment and/or annual medical checks for workers. Health checks for workers who are exposed to work-related hazards. Provide health checks for workers who are exposed to work-related hazards. 18 Compliance cluster Compliance point Assessment Details of non-compliance Improvement Priorities Remediation Efforts Months 1 2 3 4 Assessment of general Conduct an assessment of occupational safety and general occupational safety health issues in the factory. and health issues in the factory. OSH Management Systems Increase the number of toilets as required by law. Toilets. 18 Welfare Facilities The factory has an adequate eating area. Worker Accommodation Workplace lighting. Improve workplace lighting. Installing guards on all dangerous moving parts of machines and equipment. Install guards on all dangerous moving parts of machines and equipment. 18 Working Environment Worker Protection The factory provides breastfeeding break to all eligible workers. Leave Working Time Limits on overtime hours worked. Overtime Comply with the limits on overtime hours worked. Regular Hours Perce tage of piece rate orkers ear i g 300 Gourdes or Oct-13 8% ore for eight hours of ork Apr-14 33% orkers’ a erage ear i gs : Oct-14 22% Global Manufacturers & Contractors S.A. Location: Port-au-Prince Factory was found non-compliant Number of workers: 998 Factory was progressing Date of registration: 19-Sep-10 No-evidence of non-compliance Advisory and Training Services Date Activity 27-Feb-14 Management Intro meeting 31-Mar-14 Advisory on PICC and IP verification 10-Apr-14 Advisory on payroll calculations 30-Apr-14 Social dialogue round table meeting 26-Jun-14 Social dialogue round table meeting 11-Aug-14 Management Intro meeting Compliance cluster Compliance point Assessment Details of non-compliance Improvement Priorities 1 2 3 4 5 6 7 8 Child Labour Child Labourers Documentation and Protection of Young Workers Hazardous Work Unconditional Worst Forms Gender Discrimination Other Grounds Race and Origin Religion and Political Opinion Bonded Labour Forced Labour Coercion Forced Labour and Overtime Prison Labour Freedom of Association and Collective Bargaining Collective Bargaining Interference and Discrimination Strikes Union Operations Method of Payment Minimum Wages Overtime Wages Payment of minimum wage Pay workers the minimum for full time workers. wage. Remediation Efforts Months Compliance cluster Compliance point Assessment Details of non-compliance Improvement Priorities Remediation Efforts Months 1 2 3 4 5 6 7 8 Payment for weekly rest day is done. Paid Leave Payment for sick leave is done. Compensation Premium Pay Employer contribution to ONA. Social Security and Other Benefits Forwarding of workers' contributions for social insurance funds to ONA. Pay employer contribution to ONA on time. Forward workers' contribution to ONA on time Wage Information, Use and Deduction Contracting Procedures Contracts and Human Resources Disciplinary measures are in accordance with internal work rules. Dialogue, Discipline and Disputes Employment Contracts Termination Labelling of chemicals and hazardous substances. Ensure that all secondary containers of chemicals are labelled. 24 Chemicals and Hazardous Substances Eye wash stations have been added. Compliance cluster Compliance point Assessment Details of non-compliance Improvement Priorities Remediation Efforts Months 1 2 3 4 5 6 7 8 Accessible, unobstructed, Ensure that exits are and/or unlocked emergency accessible and unlocked at exits during working hours, all times. including overtime. 42 Firefighting equipment. Ensure that the workplace has adequate firefighting equipment. Emergency Preparedness Marking or posting of emergency exits and/or escape routes in the workplace. Ensure that emergency exits and escape route are marked and posted in the workplace. Workers are trained to use firefighting equipments. Onsite medical facilities and Ensure that the number of staff. onsite medical staff in the workplace is in line with the requirements of the law. Health Services and First Aid First aid boxes/supplies in the workplace. 42 Ensure that there accessible first aid boxes in the workplace. Medical checks are provided to the workers. First aid training is provided to workers. OSH Management Systems Occupational Safety and Health Assessment of general occupational safety and health issues in the factory. Conduct a self assessment of OSH issues in the workplace. 12 Compliance cluster Compliance point Assessment Details of non-compliance Improvement Priorities Workplace cleanliness. Ensure that the workplace is clean and tidy. Remediation Efforts Months 1 2 3 4 5 6 7 8 Welfare Facilities Toilets. 42 Ensure that there are sufficient toilets in the workplace. Worker Accommodation Workplace temperature. Workplace lighting. Working Environment Ensure that workplace temperature is acceptable. 42 Ensure that there is adequate lighting in the workplace. Ventilation has been improved in the workplace. Providing workers with Provide PPE to workers. personal protective clothing and equipment. Training and encouragement Effectively train and encourage workers to use of workers to use the PPE personal protective equipment provided. Worker Protection Accommodating standing workers. Provide standing mats or footrest to standing workers. Training of workers to use machines and equipment safely. Train workers to use machines safely. Installing guards on all dangerous moving parts of machines and equipment. Install guards on all dangerous moving parts of machines Compliance cluster Compliance point Assessment Details of non-compliance Improvement Priorities Limits on overtime hours worked. Give time off to eligible workers for breastfeeding breaks. Limit overtime hours to less than 8o in 13 weeks. Authorisation from the Department of Labour for overtime. Request authorization from MAST before working overtime. Remediation Efforts Months 1 2 3 4 5 6 7 8 Leave Overtime Working Time 12 42 Ensure that overtime is voluntary Regular Hours Perce tage of piece rate orkers ear i g 300 Gourdes or Oct-13 9% ore for eight hours of ork Apr-14 2% orkers’ a erage ear i gs : Oct-14 0% Horizon Manufacturing S.A. Location: Port-au-Prince Factory was found non-compliant Number of workers: 387 Factory was progressing Date of registration: 25-Aug-10 No-evidence of non-compliance Advisory and Training Services Date 18-Feb-14 20-Mar-14 27-Mar-14 26-Apr-14 26-Jun-14 22-Jul-14 24-Jul-14 25-Jul-14 28-Aug-14 Activity Compliance cluster Compliance point Pre-PICC training for workers Advisory visit , follow up on improvement plan and PICC set up Advisory visit on light levels and ventilation systems Advisory on Sexual Harassment Participate in the social dialogue table meeting. Management intro meeting to discuss issues with management on assessment report . Management training on PICC First PICC meeting Second PICC meeting Assessment Details of non-compliance Improvement Priorities Remediation Efforts Sexual harassment Set up system to prevent sexual harassment of workers in the workplace Following the assessment, supervisors underwent a training on sexual harassment and signed a policy against sexual harassment. 1 2 3 4 5 6 7 8 Child Labour Child Labourers Documentation and Protection of Young Workers Hazardous Work Unconditional Worst Forms Gender Discrimination Other Grounds Race and Origin Religion and Political Opinion Bonded Labour Forced Labour Coercion Forced Labour and Overtime Prison Labour Collective Bargaining Freedom of Association and Interference and Discrimination Collective Bargaining Months Compliance cluster Compliance point Assessment Details of non-compliance Improvement Priorities Reductions in workforce size due to changes in operations. The employer needs to comply with the legal requirement to provide advance notice to MAST before reducing the size of the workforce. Eye wash bottles need to be replaced when used. Remediation Efforts Months 1 2 3 4 5 6 7 8 Collective Bargaining Strikes Union Operations Method of Payment Minimum Wages Overtime Wages Paid Leave Compensation Premium Pay Social Security and Other Benefits Wage Information, Use and Deduction Contracting Procedures Dialogue, Discipline and Disputes Employment Contracts Contracts and Human Resources Termination Washing facilities or cleansing materials in the event of chemical exposure. Chemicals and Hazardous Substances Chemical safety data sheets for all chemicals and hazardous substances in the workplace. Factory needs to have MSDS for all of the chemicals used in the workplace. The factory has marked and posted all emergency exits and escape routes in the workplace. Emergency Preparedness Onsite medical facilities and staff. Health Services and First Aid Occupational Safety and Health OSH Management Systems First aid boxes/supplies in the workplace. Provide the number of nurses inside the workplace as required by the labour law. Provide all required first aid boxes/supplies in the workplace. 42 Compliance cluster Compliance point Assessment Details of non-compliance Improvement Priorities Washing facilities and/or soap. Set up a system to have a stock of soap in the toilet cabinets for quick replacement. Workplace ventilation. Increase ventilation in the workplace. Workplace noise levels. Decrease noise level. Workplace lighting. Adequately light the workplace. Remediation Efforts Months 1 2 3 4 5 6 7 8 Welfare Facilities Worker Accommodation Working Environment 12 The temperature in the workplace has been reduced. Worker Protection Time off for breastfeeding breaks. Implement a new policy on breastfeeding breaks providing no limitation on the break for workers entitled to it. Authorization from the Department Obtain Authorization from of Labour for the Department of Labour overtime. for overtime. Leave Working Time Overtime Regular Hours Perce tage of piece rate orkers ear i g 300 Gourdes or Oct-13 41% ore for eight hours of ork Apr-14 50% orkers’ a erage ear i gs : Oct-14 37% Indigo Mountain Haiti S.A. Location: Port-au-Prince Factory was found non-compliant. Number of workers: 315 Factory was progressing Date of registration: 15-Mar-12 No-evidence of non-compliance Advisory and Training Services Date 31-Jan-14 26-Feb-14 19-Mar-14 25-Jul-14 26-Aug-14 Activity Management intro meeting Verification of improvements made PICC discussions Management intro meeting Meting with the HR officer and factory tour Compliance cluster Compliance point Assessment 1 Child Labour Child Labourers Documentation and Protection of Young Workers Hazardous Work Unconditional Worst Forms Gender Discrimination Other Grounds Race and Origin Religion and Political Opinion Bonded Labour Forced Labour Coercion Forced Labour and Overtime Prison Labour Collective Bargaining Freedom of Association and Collective Bargaining Interference and Discrimination Strikes Union Operations Method of Payment Minimum Wages Overtime Wages Paid Leave Compensation Premium Pay 2 3 4 Details of non-compliance 5 Improvement Priorities Remediation Efforts Months Compliance cluster Compliance point Assessment 1 2 3 4 Details of non-compliance Improvement Priorities Remediation Efforts 5 Social Security and Other Benefits Wage Information, Use and Deduction Contracting Procedures Dialogue, Discipline and Disputes Contracts and Human Resources The bullying issues have been addressed by management. Employment Contracts Termination The workers are given the opportunity to defend themselves before termination based on conduct or performance. Months Compliance cluster Compliance point Assessment 1 2 3 4 Details of non-compliance Improvement Priorities Inventory of chemicals and hazardous substances used in the workplace. Keep an inventory of chemicals and hazardous substances used in the workplace. Labelling of chemicals and hazardous substances. Label all containers of chemicals. Assessing, monitoring, preventing Assess and monitor workers' and/or limiting exposure to hazardous workers' exposure to hazardous substances. substances. Chemicals and Hazardous Substances Remediation Efforts Months 5 Training workers who work with chemicals and hazardous substances. Train workers who work with chemicals and hazardous substances. Washing facilities or cleansing Have all necessary eye wash materials in the event of chemical stations available in the exposure. workplace. Storage of chemicals and hazardous substances. Have appropriate storage for the chemicals in the workplace. Chemical safety data sheets for all Have MSDS for all chemicals chemicals and hazardous used in the workplace. substances in the workplace. 12 Compliance cluster Compliance point Assessment 1 Emergency Preparedness 2 3 4 Details of non-compliance Improvement Priorities Accessible, unobstructed, and/or unlocked emergency exits during working hours, including overtime. Ensure that exits are accessible and unlocked at all times. Periodic emergency drills. Perform periodic emergency drills. Firefighting equipment. Have the appropriate firefighting equipment. Remediation Efforts Months 5 6 The exits and escape routes are marked and posted. Onsite medical facilities and staff. Provide the required number of onsite medical staff as per the law. Pre-assignment and/or annual medical checks for workers. Ensure that workers receive the appropriate medical checks Occupational Safety and Health Health Services and First Aid 24 Health checks for workers who are Provide medicals checks exposed to twice a year for workers work-related hazards. who are exposed to workrelated hazards. OSH Management Systems Recording work-related accidents and diseases and/or submitting the record to OFATMA. Record and submit workrelated accidents to OFATMA on a monthly basis. 24 Compliance cluster Compliance point Assessment 1 2 3 4 Details of non-compliance Improvement Priorities Washing facilities and/or soap. Ensure that there is sufficient soap available for workers. Providing drinking water. Provide clean and safe drinking water. Toilets. Provide the number of toilets required by the law. Eating area. Ensure that there is an eating area that can accommodate the workers. Workplace temperature. Ensure that temperature in the workplace is acceptable. Remediation Efforts Months 5 Welfare Facilities 24 Worker Accommodation Workplace lighting. 6 Ensure that the workplace is adequately lit. Working Environment Workplace ventilation has been improved. Worker Protection Providing workers with personal protective clothing and equipment. Provide workers with the appropriate PPE. Training and encouragement of workers to use the personal protective equipment provided. Train and encourage workers to use their PPEs. Leave Overtime Regular Hours Working Time Perce tage of piece rate orkers ear i g 300 Gourdes or Oct-13 0% ore for eight hours of ork Apr-14 0% Oct-14 18% orkers’ a erage ear i gs : 24 Interamerican Wovens S.A. Location: Number of workers: Date of registration: Factory was found non-compliant Factory was progressing No evidence of non-compliance Port-au-Prince 848 28-Oct-09 Advisory and Training Services Date 5-Feb-14 30-Apr-14 11-Aug-14 Activity Management Intro Meeting Social dialogue roundtable meeting Management Intro Meeting Compliance cluster Compliance point Assessment Details of non-compliance Improvement Priorities Remediation Efforts 1 2 3 4 5 6 7 8 Child Labour Child Labourers Documentation and Protectino of Young Workers Hazardous Work Unconditional Worst Forms Gender Discrimination Other Grounds Race and Origin Religion and Political Opinion Bonded Labour Forced Labour Coercion Forced Labour and Overtime Prison Labour Collective Bargaining Freedom of Association and Interference and Discrimination Collective Bargaining Strikes Union Operations Method of Payment Minimum Wages Overtime Wages Paid Leave Premium Pay The factory correctly pays for weekly rest days. Months Compliance cluster Compliance point Assessment Details of non-compliance Improvement Priorities Employer contribution to ONA. Pay employer contribution to ONA on time. Collecting workers' contributions to ONA for social insurance funds. Collect workers' contributions to ONA for social insurance funds. Remediation Efforts Months 1 2 3 4 5 6 7 8 Compensation Social Security and Other Benefits 6 Forwarding of workers' contributions Forward of workers' for social contributions for social insurance funds to ONA. insurance funds to ONA on time. Wage Information, Use and Deduction Contracting Procedures Disciplinary measures comply with the law. Contracts and Human Resources Dialogue, Discipline and Disputes The factory ensures that workers are not bullied, harassed or humiliated. Employment Contracts Termination Chemicals and Hazardous Substances Training of workers who work with Train workers who work chemicals and hazardous substances. with chemicals and hazardous substances. Washing facilities or cleansing materials in the event of chemical Provide adequate washing exposure. facilities or cleansing materials in the event of chemical exposure. Safeguarding possible sources of ignition. Safeguard possible sources of ignition in the warehouse. Fire detection and alarm system. Install adequate fire detection and alarm system in the warehouse. Firefighting equipment. Install adequate firefighting equipment in the warehouse. Emergency Preparedness Compliance cluster Compliance point Assessment Details of non-compliance Improvement Priorities Onsite medical facilities and staff. Provide onsite medical facilities and staff as required by law. First aid boxes/supplies in the workplace. Install first aid boxes/supplies in the warehouse. Pre-assignment and/or annual medical checks for workers. Provide pre-assignment and/or annual medical checks for workers. Health checks for workers who are exposed to work-related hazards. Provide health checks for workers who are exposed to work-related hazards. Remediation Efforts Months 1 2 3 4 5 6 7 8 Health Services and First Aid Occupational Safety and Health OSH Management Systems Assessment of general occupational Perform regular assessment safety and of general occupational health issues in the factory. safety and health issues in the factory. Washing facilities and/or soap. Welfare Facilities 42 Toilets. Provide adequate washing facilities and/or soap. Increase the number of toilets as required by the law. Eating area. Provide an adequate eating area. Workplace temperature. Reduce workplace temperature. Workplace ventilation. Improve workplace ventilation. Worker Accommodation Working Environment 12 Compliance cluster Compliance point Assessment Details of non-compliance Improvement Priorities Remediation Efforts Months 1 2 3 4 5 6 7 8 Training of workers to use machines Train workers to use and equipment machines and equipment safely. safely. Installing guards on all dangerous moving parts of machines and equipment. Worker Protection 18 Install guards on all dangerous moving parts of machines and equipment. All electrical wires, switches, and/or plugs are correctly installed, grounded, and/or maintained. Time off for breastfeeding breaks. Leave Working Time The factory complies with the legal limits on overtime hours worked. Overtime Regular Hours Perce tage of piece rate orkers ear i g 300 Gourdes or Oct-13 12% Provide time off for breastfeeding breaks to all eligible workers. ore for eight hours of ork Apr-14 9% orkers’ a erage ear i gs : Oct-14 26% Johan Company Location: Port-au-Prince Factory was found non-compliant Number of workers: 176 Factory was progressing Date of registration: 23-Sep-09 Factory was compliant Advisory and Training Services Date 12-May-14 Activity Advisory visit , follow up on improvement plan and factory tour Compliance cluster Compliance point Assessment 1 Child Labour Details of non-compliance Improvement Priorities Remediation Efforts 2 3 4 5 6 7 8 9 Child Labourers Documentation and Protection of Young Workers Hazardous Work Unconditional Worst Forms Gender Discrimination Other Grounds Race and Origin Religion and Political Opinion Bonded Labour Forced Labour Coercion Forced Labour and Overtime Prison Labour Collective Bargaining Freedom of Association and Interference and Discrimination Collective Bargaining Strikes Union Operations The factory is paying workers on time. Method of Payment Minimum Wages Overtime Wages Paid Leave Payment of minimum wage for full time workers. Pay the minimum wage to all full time workers. Months Compliance cluster Compliance point Assessment 1 Premium Pay Compensation Social Security and Other Benefits Wage Information, Use and Deduction Details of non-compliance Improvement Priorities Payment for regular hours worked on holidays Pay workers for regular hours worked on holidays. Employer contribution to ONA. Forward employer's contribution to ONA. Employer contribution to OFATMA for work-related accident insurance. Pay work-related accident insurance to OFATMA. Collecting workers' contributions to ONA for social insurance funds. Collect required ONA contribution from workers. Forwarding of workers' contributions for social insurance funds to ONA. Forward workers' contribution to ONA. Payroll records. Have an accurate payroll showing the hours worked. Internal work rules The factory's internal work rules need to be approved by MAST. Have valid reasons before terminating a worker. Remediation Efforts Months 2 3 4 5 6 7 8 9 42 Contracting Procedures Dialogue, Discipline and Disputes Contracts and Human Resources Employment Contracts Reasons for termination Termination Chemicals and Hazardous Substances 48 The factory stopped using chemicals in the workplace to clean garments so that no related non-compliances occur anymore under this point. Compliance cluster Compliance point Assessment 1 Details of non-compliance Improvement Priorities Training workers to use firefighting equipment. Train 10 % of workforce to use firefighting equipment. Number of emergency exits The factory needs to have a minimum of 2 emergency exits. Fire detection and alarm system. Install a fire detection and a alarm system. Marking or posting of emergency exits and/ or escape routes in the workplace. Post evacuation plan and mark the escape route in the workplace. Remediation Efforts Months 2 3 4 5 6 7 8 9 48 Emergency Preparedness The factory performs periodic drills twice a year. All flammable substances are properly stored. Pre-assignment and/ or annual medical checks for workers. Health Services and First Aid Provide pre-assignment and/or annual medical check for workers. 48 On site medical facilities and Provide the required onsite staff. medical facilities and staff according to the law. Health checks for workers who are exposed to workrelated hazards. Provide health checks for workers who are exposed to work-related hazards. The factory provided first-aid boxes/supplies in the workplace. Compliance cluster Compliance point Assessment 1 Occupational Safety and Health OSH Management Systems Details of non-compliance Improvement Priorities Assessment of general occupational safety and health issues in the factory. Conduct periodic selfassessments of general occupational safety and health issues in the factory. Mechanisms to ensure cooperation between workers and management on OSH matters. Have a system in place to ensure cooperation between workers and management on OSH matters. Remediation Efforts Months 2 3 4 5 6 7 8 9 48 Record all work-related Recording work-related accidents and diseases and submit the reports to accidents and diseases and/or submitting the record OFATMA. to OFATMA. Have a written OSH policy. Written OSH policy. Washing facilities and/or soap. Provide washing facilities and/or soap. Toilets. Provide the amount of toilets required by the Haitian Labour Code. Eating area. Provide seats for all the workers during lunch time. Welfare Facilities 48 The factory is providing workers with enough free safe drinking water. Worker Accommodation Workplace temperature. Working Environment Lower the temperature in the workplace. Workplace lighting. Adequately light the workplace. 6 Compliance cluster Compliance point Assessment 1 Details of non-compliance Improvement Priorities Installing guards on all dangerous moving parts of machines and equipment. Install guards on all dangerous moving parts of machines and equipment. Posting safety warnings in the workplace. Post safety warning in the workplace. Accomodate standing workers. Provide standing workers with fatigue mats or foot rests. Remediation Efforts Months 2 3 4 5 6 7 8 9 Worker Protection 48 The factory trained workers on the safe use of machines. The factory provided workers with the necessary protective clothing and equipment. Time off for breastfeeding breaks. Leave Working Time Provide time off for breastfeeding breaks to workers entitled to it. The factory obtained authorization from the Department of Labour before working overtime. Overtime Working time records Regular Hours Perce tage of piece rate orkers ear i g 300 Gourdes or Oct-13 0% 36 ore for eight hours of ork Apr-14 91% orkers’ a erage ear i gs : Oct-14 1.50% Set up a reliable attendance system. 6 Modas Bu Il S.A. Location: Port-au-Prince Factory was found non-compliant Number of workers: 1170 Factory was progressing Date of registration: 14-Aug-13 No-evidence of non-compliance Advisory and Training Services Date 26-Feb-14 19-Mar-14 9-Apr-14 10-Apr-14 22-Apr-14 5-Aug-14 6-Aug-14 14-Aug-14 18-Aug-14 21-Aug-14 26-Aug-14 Activity Management Intro Meeting Follow-up on Improvement plan Worker training on OSH awareness provided to 17 workers Training on Workplace Communication 1 & 2 provided to 12 workers PICC presentation and discussions PICC panning session with Senior Management PICC planning session with workers Advisory on FOA issues Management Intro Meeting Advisory on FOA issues and remediation plan PICC election planning with Management Compliance cluster Compliance point Details of non-compliance 1 Child Labour Child Labourers Documentation and Protection of Young Workers Hazardous Work Unconditional Worst Forms Gender Discrimination Other Grounds Race and Origin Religion and Political Opinion Bonded Labour Forced Labour Coercion Forced Labour and Overtime Prison Labour Collective Bargaining Freedom of Association and Interference and Discrimination Collective Bargaining Strikes Union Operations Method of Payment Minimum Wages 2 Improvement Priorities Remediation Efforts Months Compliance cluster Compliance point Details of non-compliance 1 Improvement Priorities Remediation Efforts Months 2 Overtime Wages Sick leave is being paid correctly. Paid Leave Premium Pay The factory pays employer contributions to ONA on time. Compensation Social Security and Other Benefits Employer forwards the workers contribution for social insurance funds to ONA on time. Wage Information, Use and Deduction Contracting Procedures Dialogue, Discipline and Disputes Employment Contracts Reductions in workforce size Inform MAST before due to changes in workforce reductions. operations. Contracts and Human Resources Termination 6 Terminations are based on valid reasons. Notice of termination is properly paid to workers. Compliance cluster Compliance point Details of non-compliance 1 Improvement Priorities Remediation Efforts Months 2 Washing facilities or Have eye wash bottles near cleansing materials in the places in the workplace event of chemical exposure. where chemicals are being used. The factory now keeps an inventory of chemicals used in the workplace. The factory trained workers who work with chemicals and hazardous substances. Chemicals and Hazardous Substances The factory properly stores chemicals and hazardous substances. MSDS for all chemicals and hazardous substances are being posted. Emergency Preparedness Occupational Safety and Health Training workers to use the firefighting equipment Effectively train workers to use firefighting equipment. Periodic emergency drills. Perform emergency drills every 6 months. Fire detection and alarm system. Ensure that there are functioning fire detection and alarm systems. Firefighting equipment. Ensure that the workplace has adequate firefighting equipment. Marking or posting of emergency exits and/or escape routes in the workplace. Ensure that escape routes and exits are clearly marked and posted. 6 Compliance cluster Compliance point Details of non-compliance 1 Improvement Priorities Remediation Efforts 2 Onsite medical facilities and Ensure that there is a staff. sufficient number of onsite medical staff. Health Services and First Aid Months Pre-assignment and/or annual medical checks for workers. First-aid training for workers. Assessment of general occupational safety and health issues in the factory. OSH Management Systems 6 Conduct the required medical checks for workers. Train at least 10% of workforce in first aid. The factory provides health checks for workers exposed to work-related hazards. Perform a periodic assessment of general occupational safety and health issues in the factory. Work related accidents are recorded and submitted to OFATMA. Toilets. Ensure that the number of toilets complies with the requirements of the law. 6 Workplace temperature. Ensure that the temperature is acceptable. 6 Working Environment Workplace ventilation. Ensure that the workplace is adequately ventilated. Worker Protection Accommodating standing workers. Accommodate all standing workers with standing mats or footrests. Leave Time off for breastfeeding breaks. Provide time off for breastfeeding breaks for eligible workers. Working time records. Ensure that working time records are accurate. Welfare Facilities Worker Accommodation Working Time Overtime Regular Hours Perce tage of piece rate orkers ear i g 300 Gourdes or Apr-14 1% ore for eight hours of ork Oct-14 21% orkers’ a erage ear i gs : 6 MGA Haiti S.A. Location: Port-au-Prince Factory was found non-compliant Number of workers: 940 Factory was progressing Date of registration: 8-Oct-09 No-evidence of non-compliance Advisory and Training Services Date Activity 20-Mar-14 Management Intro-Meeting, introduction of the improvement plan. 14-May-14 Follow visit on improvement plan. Factory tour. 1-Apr-14 Training on workplace communication 1 & 2 provided to 14 workers 2-Apr-14 Training on workplace communication 1 & 2 provided to 12 workers 14-May-14 Follow visit on improvement plan. Factory tour. 26-Jun-14 Participation in 9th meeting of social dialogue roundtable meeting Compliance cluster Compliance point Assessment 1 2 3 4 5 6 7 8 9 Child Labour Child Labourers Documentation and Protection of Young Workers Hazardous Work Unconditional Worst Forms Gender Discrimination Other Grounds Race and Origin Religion and Political Opinion Bonded Labour Forced Labour Coercion Forced Labour and Overtime Prison Labour Collective Bargaining Freedom of Association and Interference and Discrimination Collective Bargaining Strikes Union Operations Method of Payment Minimum Wages, 200 Gourdes Overtime Wages Paid Leave Details of non-compliance Improvement Priorities Remediation Efforts Months Compliance cluster Compliance point Assessment Details of non-compliance Improvement Priorities Remediation Efforts 1 2 3 4 5 6 7 8 9 Compensation Premium Pay Employer contribution to OFATMA for work-related accident insurance is sent on time. Social Security and Other Benefits Wage Information, Use and Deduction Contracting Procedures Contracts and Human Resources Disciplinary measures. Comply with legal requirements for disciplinary measures. Labelling of chemicals and hazardous substances. Properly label all chemicals and hazardous substances used in the workplace. Dialogue, Discipline and Disputes Employment Contracts Termination Chemicals and Hazardous Substances Training workers who work with chemicals and hazardous substances. Provide appropriate training to all workers using chemicals or doing hazardous work in the factory. Washing facilities or cleansing materials in the event of chemical exposure. Provide accessible cleansing materials in all areas where chemicals are being used or stored for use in the event of accidental exposure. Have MSDSs available in all locations were chemicals and hazardous substances are in Chemical safety data sheets for use or stored in the all chemicals and hazardous workplace. substances in the workplace. Months Compliance cluster Compliance point Assessment Details of non-compliance Improvement Priorities Accessible, unobstructed, and/or unlocked emergency exits during working hours, including overtime. The factory needs to ensure that all exits and escape routes remain unblocked during working time. Remediation Efforts Months 1 2 3 4 5 6 7 8 9 Fire detection and alarm system. Firefighting equipment. 48 A fire detection and alarm system must be installed in storage area in building 11. The factory must ensure the accessibility to fire-fighting equipment as well as their functioning state. An accurate evacuation plan must be available and posted in both building 11 and 17. Emergency Preparedness Marking or posting of emergency exits and/or escape routes in the workplace. Workers have been trained to use the firefighting equipment. Flammable materials in the mezzanine were removed and stored in a safe area. Occupational Safety and Health Onsite medical facilities and staff. Health Services and First Aid Comply with the number of medical staff required by the law. 48 First-aid training has been provided to workers. Work-related accidents and diseases are recorded and submitted to OFATMA. OSH Management Systems The factory conducts an assessment of general occupational safety and health issues. Compliance cluster Compliance point Assessment Details of non-compliance Improvement Priorities Remediation Efforts Months 1 2 3 4 5 6 7 8 9 Washing facilities and/or soap. Ensure enough soap and paper is available in toilets during working hours. Toilets. Provide the number of toilets required by the Haitian Labour code. Eating area. Provide an eating area to accommodate the workers. Workplace temperature. Reduce the temperature in the workplace. Welfare Facilities 48 Worker Accommodation Working Environment Workplace lighting. 36 Adequately light the workplace. Workplace noise levels have been reduced. Worker Protection Providing workers with personal protective clothing and equipment. Provide all workers using chemicals and mechanic shop with the appropriate protection equipment. Accommodating standing workers. Equip all standing workstations with fatigue mats or tables with foot rest. Chairs with backrests. Ensure that all chairs are equipped with back rests. Installing, grounding, and/or maintaining electrical wires, switches, and/or plugs. Ensure that all electrical installations are safely maintained to prevent electrical shocks. 48 All machines and equipment were found with the appropriate guards installed. Working Time Leave Overtime Compliance cluster Compliance point Assessment Details of non-compliance 1 2 3 4 5 6 7 8 9 Regular Hours Perce tage of piece rate orkers ear i g 300 Gourdes or Oct-13 40% ore for eight hours of ork orkers’ a erage ear i gs : Apr-14 60% Oct-14 89% Improvement Priorities Remediation Efforts Months Multiwear S.A. Location: Port-au-Prince Factory was found non-compliant Number of workers: 1982 Factory was progressing Date of registration: 5-Oct-09 No-evidence of non-compliance Advisory and Training Services Date Activity 25-Feb-14 Management intro meeting. Meeting with Compliance officer and OSH officer to present the improvement plan. 18-Mar-14 PICC induction meeting with Compliance manager, OSH compliance officer. 28-Apr-14 PICC timeline meeting with compliance officer. 9, 10-Jun-14 Participation in OSH training in collaboration with IDB. 22-Jul-14 Social dialogue and industrial relation meeting with compliance, floor managers, HR and factory owner. 5-Aug-14 Meeting on PICC establishment timeline. 8-Aug-14 PICC induction for management. 14-Aug-14 PICC induction for Unions cells. 22-Aug-14 PICC induction for Unions cells. Compliance cluster Compliance point Assessment 1 2 3 4 5 6 7 8 9 Child Labour Child Labourers Documentation and Protection of Young Workers Hazardous Work Unconditional Worst Forms Gender Discrimination Other Grounds Race and Origin Religion and Political Opinion Bonded Labour Forced Labour Coercion Forced Labour and Overtime Prison Labour Collective Bargaining Freedom of Association and Interference and Discrimination Collective Bargaining Strikes Union Operations Details of non-compliance Improvement Priorities Remediation Efforts Months Compliance cluster Compliance point Assessment Details of non-compliance Improvement Priorities Payment for annual leave. Maternity leave payments must be included in bonus and annual leave calculations. Remediation Efforts Months 1 2 3 4 5 6 7 8 9 Method of Payment Minimum Wages Overtime Wages Paid Leave Payment for maternity leave. All workers must be paid their maternity leave upon termination. Premium Pay Compensation Employer contribution to ONA. Social Security and Other Benefits Forwarding of workers' contributions for social insurance funds to ONA. Forward employer’s contribution to ONA on time. 6 Forward worker’s o tri utio to ONA on time. Employer contribution to OFATMA for work-related accident insurance is forwarded on time. Wage Information, Use and Deduction \ Contracting Procedures Dialogue, Discipline and Disputes Employment Contracts Contracts and Human Resources Reasons for termination. Reason for termination must be clearly stated in workers' files and must be done in proportion to workers' behavior and performance. Labelling of chemicals and hazardous substances. Label all chemicals and hazardous substances used in the workplace. Termination Chemicals and Hazardous Substances 6 Compliance cluster Compliance point Assessment Details of non-compliance Improvement Priorities Accessible, unobstructed, and/or unlocked emergency exits during working hours, including overtime. The factory must ensure that escape routes and emergency exits remain unobstructed at all times and lead to safe exits. Remediation Efforts Months 1 2 3 4 5 6 7 8 9 Emergency Preparedness Fire detection and alarm system. Install adequate fire detection and alarm system in warehouses of building 37 and 47. Onsite medical facilities and Provide the required number staff. of medical staff as per the law. Health Services and First Aid Pre-assignment and/or annual medical checks for workers. 48 Ensure that all workers receive a medical check at least once a year. OSH Management Systems Washing facilities and/or soap. Welfare Facilities Toilets. Eating area. Ensure enough soap and paper is available at all times in all restrooms at the factory. 48 Provide the number of toilets required by the Haitian Labour code. Provide an eating area to accommodate the workers. Occupational Safety and Health Worker Accommodation Workplace temperature. Reduce the temperature in the workplace. Workplace ventilation. Ensure that windows remain unobstructed to allow air to flow into the workplace in building 47. Workplace lighting. Adequately light the workplace. Working Environment 24 Compliance cluster Compliance point Assessment Details of non-compliance Improvement Priorities Remediation Efforts Months 1 2 3 4 5 6 7 8 9 Providing workers with Provide workers in mechanic personal protective clothing shop with protective goggles. and equipment. Standing workers must be Accommodating standing provided with fatigue mats or workers. have tables equipped with foot rest. Chairs with backrests. Worker Protection Installing guards on all dangerous moving parts of machines and equipment. 48 The factory must ensure that all chairs are equipped with back rest. The factory must install guards on all dangerous moving parts of machines and equipment. The factory has trained workers and encourages them to use machines and equipment safely. The factory has addressed the issue on sick leave. No denial of sick leave time was reported. Leave Working Time Overtime Regular Hours Perce tage of piece rate orkers ear i g 300 Gourdes or Oct-13 9% ore for eight hours of ork Apr-14 78% orkers’ a erage ear i gs : Oct-14 54% One World Apparel S.A. Location: Port-au-Prince Factory was found non-compliant Number of workers: 1329 Factory was progressing Date of registration: 27-Oct-09 No evidence of non-compliance Advisory and Training Services Activity 25-Feb-14 18-Mar-14 25-Mar-14 30-Apr-14 Date Meeting with management, union representatives and workers in order to follow up on possible FOA issue. Management Intro Meeting Meeting with management in order to discuss the implementation of better grievance mechanisms. Participation in social dialogue table meeting. Compliance cluster Compliance point Assessment Details of non-compliance Improvement Priorities Payment for weekly rest days. Provide adequate payment for weekly rest days. 1 2 3 4 5 6 7 8 Child Labour Child Labourers Documentation and Protection of Young Workers Hazardous Work Unconditional Worst Forms Gender Discrimination Other Grounds Race and Origin Religion and Political Opinion Bonded Labour Forced Labour Coercion Forced Labour and Overtime Prison Labour Collective Bargaining Freedom of Association and Interference and Discrimination Collective Bargaining Strikes Union Operations Method of Payment Minimum Wages Overtime Wages Paid Leave Remediation Efforts Months Compliance cluster Compliance point Assessment Details of non-compliance Improvement Priorities Employer contribution to ONA. Pay employer contribution to ONA. Forwarding of workers' contributions for social insurance funds to ONA. Forward of workers' contributions for social insurance funds to ONA. Disciplinary measures. Ensure that disciplinary measures complies with the law. Training workers who work with chemicals and hazardous substances. Provide training for workers who work with chemicals and hazardous substances. Remediation Efforts Months 1 2 3 4 5 6 7 8 Premium Pay Compensation Social Security and Other Benefits 42 Wage Information, Use and Deduction Contracting Procedures Contracts and Human Resources Dialogue, Discipline and Disputes Employment Contracts Termination Chemicals and Hazardous Substances 6 All chemicals and hazardous substances are correctly labeled. Firefighting equipment. Emergency Preparedness Marking or posting of emergency exits and/or escape routes in the workplace. Onsite medical facilities and staff. Ensure that the workplace is equipped with adequate firefighting equipment. Mark or post emergency exits and/or escape routes in the workplace. Provide onsite medical facilities and staff as required by law. Health Services and First Aid Pre-assignment and/or annual medical checks for workers. OSH Management Systems 12 Provide pre-assignment and/or annual medical checks for workers. 42 Compliance cluster Assessment Compliance point Details of non-compliance Improvement Priorities Toilets. Increase the number of toilets as required by law. Remediation Efforts Months 1 2 3 4 5 6 7 8 Welfare Facilities Occupational Safety and Health 42 Worker Accommodation The temperature level in the workplace is acceptable. Working Environment Workplace noise levels. Reduce the workplace noise levels. Workplace lighting. Increase the workplace lighting. Installing guards on all dangerous moving parts of machines and equipment. Install guards on all dangerous moving parts of machines and equipment. Accommodating standing workers. Provide fatigue mats or tables with footrest to standing workers. Installing, grounding, and/or Ensure that all electrical maintaining electrical wires, wires, switches, and/or plugs are correctly installed, switches, and/or plugs. grounded, and/or maintained. Providing workers with personal protective clothing Provide all workers with personal protective clothing and equipment. and equipment. Worker Protection Leave Overtime Regular Hours Working Time Perce tage of piece rate orkers ear i g 300 Gourdes or Oct-13 3% ore for eight hours of ork Apr-14 10% orkers’ a erage ear i gs : Oct-14 72% 12 42 Pacific Sports S.A. Location: Port-au-Prince Factory was found non-compliant Number of workers: 1767 Factory was progressing Date of registration: 11-Nov-09 No-evidence of non-compliance Advisory and Training Services Date Activity 18-Mar-14 Management Intro Meeting 14-May-14 Improvement verification with Compliance officer 09, 10 June 2014 Participation in OSH training in collaboration with IDB Compliance cluster Compliance point Assessment 1 2 3 4 5 6 7 8 9 Child Labour Child Labourers Documentation and Protection of Young Workers Hazardous Work Unconditional Worst Forms Gender Discrimination Other Grounds Race and Origin Religion and Political Opinion Bonded Labour Forced Labour Coercion Forced Labour and Overtime Prison Labour Collective Bargaining Freedom of Association and Interference and Discrimination Collective Bargaining Strikes Union Operations Method of Payment Minimum Wages Overtime Wages Paid Leave Compensation Premium Pay Details of non-compliance Improvement Priorities Remediation Efforts Months Compliance cluster Compliance point Assessment Details of non-compliance Improvement Priorities Payment of annual salary supplement or bonus. Pay annual salary supplement or bonus correctly. Disciplinary measures. Ensure that disciplinary measures comply with the internal work rules and the law. Bullying, harassment or humiliating treatment of workers. Ensure that workers are not subject to humiliating treatments. Remediation Efforts Months 1 2 3 4 5 6 7 8 9 Social Security and Other Benefits Wage Information, Use and Deduction Contracting Procedures Dialogue, Discipline and Disputes Contracts and Human Resources Employment Contracts Workers are only terminated for valid reasons. The factory informs MAST of any reductions in workforce size due to changes in operations. Termination Secondary containers are labelled. Chemicals and Hazardous Substances Fire detection and alarm system. Ensure that the factory has adequate firefighting equipment. 6 Emergency Preparedness Exits and escape routes are clearly marked and posted. Health Services and First Aid OSH Management Systems Onsite medical facilities and Provide the required number staff. of medical staff as per the law. Compliance cluster Compliance point Assessment Details of non-compliance Improvement Priorities Toilets. Ensure that the number of toilets is compliant with the labor code. Remediation Efforts Months 1 2 3 4 5 6 7 8 9 48 Enough clean drinking water is provided in the workplace. Occupational Safety and Health Welfare Facilities Management has put a system in place to ensure that the factory remains clean. Worker Accommodation Workplace temperature. Workplace noise levels. Working Environment Ensure workplace temperature is acceptable. 36 Ensure that noise levels do not surpass 90 db. Ensure that the workplace has adequate lighting. Workplace lighting. Personal protective clothing and equipment is provided to workers. Worker Protection Leave Working Time Limits on overtime hours worked. Overtime Regular Hours Perce tage of piece rate orkers ear i g 300 Gourdes or Oct-13 5% ore for eight hours of ork Apr-14 90% orkers’ a erage ear i gs : Oct-14 52% Comply with the legal limits on overtime. Palm Apparel S.A. Location: Port-au-Prince Factory was found non-compliant Number of workers: 1406 Factory was progressing Date of registration: 17-Nov-09 No-evidence of non-compliance Advisory and Training Date 20, 21, 22-Feb-14 3-day long supervisory skills training provided to 14 supervisors Activity 9, 10-Jun-14 22, 23, 24 July 2014 27-Aug-14 Management intro meeting with plant manager and compliance assistant. Introduction to the improvement plan. Proposition of training plan Participation in OSH training provided in collaboration with IDB 3-day long supervisory skills training provided to 19 supervisors Management intro meeting . Introduction to the improvement plan. Proposition of a training plan. Compliance cluster Compliance point 21-Mar-14 Assessment 1 2 3 4 5 6 7 8 9 Child Labour Child Labourers Documentation and Protection of Young Workers Hazardous Work Unconditional Worst Forms Gender Discrimination Other Grounds Race and Origin Religion and Political Opinion Bonded Labour Forced Labour Coercion Forced Labour and Overtime Prison Labour Collective Bargaining Freedom of Association and Interference and Discrimination Collective Bargaining Strikes Union Operations Method of Payment Minimum Wages Overtime Wages Compensation Paid Leave Premium Pay Details of non-compliance Improvement Priorities Remediation Efforts Months Compliance cluster Compliance point Assessment Details of non-compliance Improvement Priorities Reasons for termination. Reasons for termination must be clearly stated in workers' files and must be done in proportion to workers' behavior and performance. Remediation Efforts Months 1 2 3 4 5 6 7 8 9 Social Security and Other Benefits Wage Information, Use and Deduction Contracting Procedures Dialogue, Discipline and Disputes Employment Contracts Contracts and Human Resources Termination Workers are given an opportunity to defend themselves before termination based on conduct or performance. Management has an open door policy on complaints and contestations. Labelling of chemicals and hazardous substances. Chemicals and Hazardous Substances Label all chemicals and hazardous substances used in the workplace. 48 Chemical safety data sheets for all chemicals and hazardous substances have been made available in all areas where these substances are in use in the workplace. Compliance cluster Compliance point Assessment Details of non-compliance Improvement Priorities Training workers to use the firefighting equipment. Provide fire-fighting training to 10% of the workforce. Marking or posting of emergency exits and/or escape routes in the workplace. Mark escape route to emergency exit of floor 5. Remediation Efforts Months 1 2 3 4 5 6 7 8 9 12 All existing fire detection and alarm systems have been fixed and are functioning. Emergency Preparedness The factory ensured that all fire-fighting equipments are kept unobstructed and in a functioning state. Onsite medical facilities and staff. Provide required onsite medical facilities and staff. 48 Provide pre-assignment Pre-assignment and/or annual and/or annual medical medical checks for workers. checks for all workers. Health Services and First Aid First-aid training for workers. Provide first-aid training to 10% of the workforce. The factory has provided free health checks for workers who are exposed to work-related hazards. Occupational Safety and Health OSH Management Systems Assessment of general occupational safety and health issues in the factory. Conduct a self assessment of occupational safety and health issues on a regular basis Compliance cluster Compliance point Assessment Details of non-compliance Improvement Priorities Toilets. Provide the number of toilets required by the Haitian Labour code. Eating area. Improve the existing eating areas to accommodate more workers. Workplace temperature. Reduce the temperature in the workplace. Workplace noise levels. Reduce the noise levels in the factory. Workplace lighting. Adjust the lighting in the workplace. Providing workers with personal protective clothing and equipment. Provide workers in spot cleaning areas with appropriate personal protective clothing and equipment. Training and encouragement of workers to use the personal protective equipment provided. The factory must train and encourage workers to use machines and equipment safely. Accommodating standing workers. All standing workstations must be equipped with fatigue mats or tables with foot rest. Installing, grounding, and/or maintaining electrical wires, switches, and/or plugs. All wires must be maintained in a safe state to prevent the risk of electrical shock. Remediation Efforts Months 1 2 3 4 5 6 7 8 9 Welfare Facilities 48 Worker Accommodation Working Environment Worker Protection 12 48 The factory has Installed guards on all dangerous moving parts of machines and equipment. Compliance cluster Compliance point Assessment Details of non-compliance Improvement Priorities Remediation Efforts 1 2 3 4 5 6 7 8 9 The factory has addressed the issue of time off for breastfeeding breaks. All workers who are entitled to the break are granted the benefit. Leave Working Time Overtime Regular Hours Perce tage of piece rate orkers ear i g 300 Gourdes or Oct-13 49% ore for eight hours of ork orkers’ a erage ear i gs : Apr-14 68% Oct-14 31% Months Premium Apparel S.A. Location: Port-au-Prince Factory was found non-compliant Number of workers: 1081 Factory was progressing Date of registration: 28-Oct-09 No evidence of non-compliance Advisory and Training Date 5-Feb-14 14-Aug-14 Activity Compliance cluster Compliance point Management Intro Meeting Management Intro Meeting Assessment 1 2 3 4 5 6 7 8 9 Child Labour Child Labourers Documentation and Protection of Young Workers Hazardous Work Unconditional Worst Forms Gender Discrimination Other Grounds Race and Origin Religion and Political Opinion Bonded Labour Forced Labour Coercion Forced Labour and Overtime Prison Labour Collective Bargaining Freedom of Association and Interference and Discrimination Collective Bargaining Strikes Union Operations Method of Payment Minimum Wages Overtime Wages Paid Leave Compensation Premium Pay Details of non-compliance Improvement Priorities Remediation Efforts Months Compliance cluster Compliance point Assessment Details of non-compliance Improvement Priorities Collecting workers' contributions to ONA for social insurance funds. Collect the adequate workers' contributions to ONA for social insurance funds. Remediation Efforts Months 1 2 3 4 5 6 7 8 9 Compensation Social Security and Other Benefits Wage Information, Use and Deduction Contracting Procedures Contracts and Human Resources Dialogue, Discipline and Disputes Employment Contracts Termination Chemicals and Hazardous Substances Emergency Preparedness The factory provided health checks for workers who are exposed to work-related hazards. 48 Onsite medical facilities and Provide onsite medical staff. facilities and staff as required by the law. Health Services and First Aid Pre-assignment and/or annual medical checks for workers. Provide pre-assignment and/or annual medical checks for workers. First-aid training for workers. Train 10 percent of the workforce in first-aid. Occupational Safety and Health OSH Management Systems Recording work-related accidents and diseases and/or submitting the record to OFATMA. Submit records of workrelated accidents and diseases to OFATMA on a monthly basis. Toilets. Increase the number of toilets as required by law. 48 Workplace noise levels. Reduce the workplace noise levels. 48 Welfare Facilities Worker Accommodation Working Environment Worker Protection The factory improved workplace light levels. Compliance cluster Compliance point Assessment Details of non-compliance Improvement Priorities Time off for breastfeeding breaks. Provide time off for breastfeeding breaks to all eligible workers. Remediation Efforts 1 2 3 4 5 6 7 8 9 Leave Working Time The factory complies with the limits on overtime hours worked. Overtime Regular Hours Perce tage of piece rate orkers ear i g 300 Gourdes or Oct-13 25% ore for eight hours of ork Apr-14 4% orkers’ a erage ear i gs : Oct-14 17% Months Quality Sewing Manufacturing S.A. Location: Port-au-Prince Factory was found non-compliant Number of workers: 368 Factory was progressing Date of registration: 1-Oct-09 No evidence of non-compliance Advisory and Training Services 28-Nov-13 14-Feb-14 12-Aug-13 Participation in Social Dialogue Table Meeting Management Intro Meeting Management Intro Meeting Compliance cluster Compliance point Assessment Details of non-compliance Improvement Priorities Remediation Efforts 1 2 3 4 5 6 7 8 9 Child Labour Child Labourers Documentation and Protection of Young Workers Hazardous Work Unconditional Worst Forms Discrimination Gender Factory did not dismiss any worker or forced them to resign based on pregnancy, nursing or maternity leave. Other Grounds Race and Origin Religion and Political Opinion Bonded Labour Forced Labour Coercion Forced Labour and Overtime Prison Labour Collective Bargaining Freedom of Association and Interference and Discrimination Collective Bargaining Strikes Union Operations Method of Payment Minimum Wages Overtime Wages Sick leave is paid correctly. Paid Leave Months Compliance cluster Compliance point Assessment Details of non-compliance Improvement Priorities Remediation Efforts Months 1 2 3 4 5 6 7 8 9 Premium Pay Compensation Social Security and Other Benefits Employer contribution to OFATMA for work-related accident insurance. Pay employer contribution to OFATMA for work-related accident insurance on time. Payroll records. Keep accurate payroll records. Wage Information, Use and Deduction 30 No unauthorized deductions from workers' wages are being made. Contracting Procedures Disciplinary measures. Dialogue, Discipline and Disputes Contracts and Human Resources Ensure that disciplinary measures comply with legal requirements. 6 Employment Contracts Factory complies with legal requirements in case of reduction of workforce due to changes in operations. Termination Chemicals and Hazardous Substances Emergency Preparedness Labelling of chemicals and hazardous substances. Label all chemicals and hazardous substances. Chemical safety data sheets for all chemicals and hazardous substances in the workplace. Display chemical safety data sheets for all chemicals and hazardous substances in the workplace. Fire detection and alarm system. Install adequate fire detection and alarm system. Marking or posting of emergency exits and/or escape routes in the workplace. 42 48 Mark or post all emergency exits and/or escape routes in the workplace. The factory conducted required emergency drills. The workplace is equipped with adequate fire fighting equipment. Compliance cluster Compliance point Assessment Details of non-compliance Improvement Priorities Remediation Efforts Months 1 2 3 4 5 6 7 8 9 Onsite medical facilities and Provide onsite medical staff. facilities and staff as required by the law. Health Services and First Aid Occupational Safety and Health OSH Management Systems Pre-assignment and/or annual medical checks for workers. Provide pre-assignment and/or annual medical checks for workers. Health checks for workers who are exposed to workrelated hazards. Provide health checks for workers who are exposed to work-related hazards. 48 Assessment of general Conduct an assessment of occupational safety and general occupational safety health issues in the factory. and health issues in the factory. 18 Toilets. 48 Increase the number of toilets as required by law. Welfare Facilities The factory has an adequate eating area. Worker Accommodation Workplace lighting. Working Environment Adequately light the workplace. 12 Providing workers with Provide workers with personal protective clothing personal protective clothing and equipment. and equipment. 48 Installing, grounding, and/or Install, ground, and/or maintaining electrical wires, maintain electrical wires, switches, and/or plugs. switches, and/or plugs. Worker Protection Posting safety warnings in the workplace. Installing guards on all dangerous moving parts of machines and equipment. Post safety warnings in the workplace. Install guards on all dangerous moving parts of machines and equipment. The factory trained workers to use machines and equipment safely. Leave Compliance cluster Compliance point Assessment Details of non-compliance Improvement Priorities Remediation Efforts Months 1 2 3 4 5 6 7 8 9 Authorization from the Department of Labour for overtime. Request authorization from the Department of Labour for overtime. 48 Overtime Working Time The factory complies with the limits on overtime hours worked. The factory keeps adequate working time records. Regular Hours Perce tage of piece rate orkers ear i g 300 Gourdes or Oct-13 18% ore for eight hours of ork Apr-14 12% orkers’ a erage ear i gs : Oct-14 39% S & H Global S.A. Location: Port-au-Prince Factory was found non-compliant. Number of workers: 2279 Factory was progressing Date of registration: 19-Jun-12 No-evidence of non-compliance. Advisory and Training Services 25-Feb-14 Advisory visit and payroll advise. 28-Apr-14 Advisory visit and follow - up on improvement plan 30-Apr-14 Training workplace communication 1 & 2 provided to 25 workers 30-Apr-14 Training on Occupational Safety and Health (OSH) provided to 27 workers 01, 02, 03 May 2014 3-day long supervisory skills training provided to 57 supervisors 2-May-14 Training workplace communication 1 & 2 provided to 48 workers 2-May-14 Training on Maternity Protection provided to 34 workers 22, 23, 24 June 2014 3-day long supervisory skills training provided to 12 supervisors 24-Jun-14 Advisory on labor law with Compliance manager 25-Aug-14 Advisory visit and PICC introduction to management 26-Aug-`14 Management intro meeting 28-Aug-14 Advisory visit , improvement plan and meeting with unions on PICC Compliance cluster Compliance point Assessment 1 2 3 4 Child Labour Child Labourers Documentation and Protection of Young Workers Hazardous Work Unconditional Worst Forms Gender Discrimination Other Grounds Race and Origin Religion and Political Opinion Bonded Labour Forced Labour Coercion Forced Labour and Overtime Prison Labour Collective Bargaining Freedom of Association and Interference and Discrimination Collective Bargaining Strikes Union Operations Details of non-compliance Improvement Priorities Remediation Efforts Months Compliance cluster Compliance point Assessment Details of non-compliance Improvement Priorities Remediation Efforts 1 2 3 4 Method of Payment Minimum Wages Overtime Wages Paid Leave The factory is paying workers correctly for regular hours work on holidays. Compensation Premium Pay Social Security and Other Benefits Wage Information, Use and Deduction Payroll records Ensure consistency of the payroll to avoid miscalculations. Contracting Procedures Contracts and Human Resources Dialogue, Discipline and Disputes Bullying, harassment or humiliating Avoid bullying, harassment or treatment of workers. humiliating treatment of workers. Employment Contracts Termination Chemicals and Hazardous Substances Washing facilities or cleansing materials in the event of chemical exposure. Set up an eye wash station in the warehouse where chemicals are store. Chemical safety data sheets for all chemicals and hazardous substances in the workplace. Provide chemical safety data sheets for all chemical and hazardous substances used in the warehouse. The factory started training their supervisors through a supervisory skills training provided by BWH. Months Compliance cluster Compliance point Assessment Details of non-compliance Improvement Priorities Number of emergency exits. The factory needs to have at least 2 emergency exits in the warehouse. Safeguarding possible sources of ignition. Fire detection and alarm system. Ensure that all sources of ignition sources are safely guarded. Install a fire detection and alarm system in the warehouse. Firefighting equipment. Provide sufficient adequate firefighting equipment. Remediation Efforts Months 1 2 3 4 Emergency Preparedness Marking or posting of emergency exits and /or escape routes in the workplace. 6 Mark or post of emergency exits and/ or escape route in the warehouse. The factory trained workers to use the firefighting equipment. Occupational Safety and Health Onsite medical facilities and staff. First aid boxes/supplies in the workplace. Health Services and First Aid Provide onsite medical facilities and staff according to Labour code. 18 Ensured that there are a sufficient number of readily accesible first aid boxes in the workplace. Health checks for workers who are exposed to work-related hazards. Provided free health checks for workers who are exposed to work-related hazards The factory trained workers on first aid. OSH Management Systems Assessment of general occupational Perform an assessment of safety and health issues in the general occupational safety and factory. health issues in the factory on a monthly basis. Compliance cluster Assessment Compliance point Details of non-compliance Improvement Priorities Washing facilities and/or soap. Regularly provide soap. Workplace noise levels. Decrease the noise levels in the workplace. Decrease the temperature level . Post safety warnings in the warehouse. Remediation Efforts Months 1 2 3 4 Welfare Facilities 12 Worker Accommodation Working Environment Workplace temperature level. Posting safety warnings in the warehouse. Worker Protection Workers are provided with the required time off for breastfeeding breaks. Leave Overtime Regular Hours Oct-13 5% 6 Workers are being provided with personal protective clothing and equipment. Working Time Perce tage of piece rate orkers ear i g 300 Gourdes or 6 ore for eight hours of ork Apr-14 0% Oct-14 7% orkers’ a erage ear i gs : Sewing International S.A. Location: Port-au-Prince Factory was found non-compliant Number of workers: 1817 Factory was progressing Date of registration: 25-Sep-09 No evidence of non-compliance Advisory and Training Services Date 23-Feb-14 27-Mar-14 9 + 10-Jun-14 19-Aug-14 26-Aug-14 Compliance cluster Activity Training on Workplace Communication Training 1 & 2 provided to 41 workers Follow up visit on improvement plan Participation in OSH Training in collaboration with IDB Management Intro Meeting Meeting with the OSH Committee in order to present the OSH assessment checklist & Meeting with the plant manager, HR manager and the union representative in order to plan the implementation of the PICC. Compliance point Assessment 1 2 3 4 5 6 7 8 9 Child Labour Child Labourers Documentation and Protection of Young Workers Hazardous Work Unconditional Worst Forms Gender Discrimination Other Grounds Race and Origin Religion and Political Opinion Bonded Labour Forced Labour Coercion Forced Labour and Overtime Prison Labour Collective Bargaining Freedom of Association and Interference and Discrimination Collective Bargaining Strikes Union Operations Method of Payment Minimum Wages, 200 Gourdes Overtime Wages Paid Leave Compensation Details of non-compliance Improvement Priorities Remediation Efforts Months Compliance cluster Compliance point Assessment Details of non-compliance Improvement Priorities Payroll records. Keep accurate payroll records. Remediation Efforts Months 1 2 3 4 5 6 7 8 9 Compensation Premium Pay Social Security and Other Benefits Wage Information, Use and Deduction 12 Contracting Procedures Contracts and Human Resources Dialogue, Discipline and Disputes Employment Contracts Termination Chemicals and Hazardous Substances Washing facilities or Provide adequate washing cleansing materials in the facilities and cleansing event of chemical exposure. materials in the event of chemical exposure. The factory trained the required number of workers in fire fighting. Periodic emergency drills. Storage of flammable materials. Emergency Preparedness Safeguarding possible sources of ignition. Fire detection and alarm system. Conduct emergency drills at least every 6 months. Ensure that all flammable materials are correctly stored. Safeguard possible sources of ignition. Install adequate fire detection and alarm system. 48 Compliance cluster Compliance point Assessment Details of non-compliance Improvement Priorities Remediation Efforts Months 1 2 3 4 5 6 7 8 9 Onsite medical facilities and Provide onsite medical staff. facilities and staff as required by law. Pre-assignment and/or annual medical checks for workers. 48 Provide pre-assignment and/or annual medical checks for workers. Health Services and First Aid The factory provides health checks for workers who are exposed to work-related hazards. Occupational Safety and Health The factory trained workers on first aid. OSH Management Systems Workplace cleanliness. Welfare Facilities Toilets. Ensure that the workplace is kept clean and tidy. 48 Increase the number of toilets as required by law. Worker Accommodation Workplace temperature. Reduce workplace temperature. Workplace noise levels. Reduce workplace noise levels. Working Environment 12 Compliance cluster Compliance point Assessment Details of non-compliance Improvement Priorities Chairs with backrests. Provide chairs with backrests for all workers. Training of workers to use machines and equipment safely. Train workers to use machines and equipment safely. Installing guards on all dangerous moving parts of machines and equipment. Install guards on all dangerous moving parts of machines and equipment. Remediation Efforts Months 1 2 3 4 5 6 7 8 9 Worker Protection 48 The factory accommodates standing workers through fatigue mats or tables with footrest. Leave The factory complies with limits on overtime hours worked. The factory's time records reflect the hours actually worked. Overtime Working Time Regular Hours Perce tage of piece rate orkers ear i g 300 Gourdes or Oct-13 40% ore for eight hours of ork Apr-14 30% orkers’ a erage ear i gs : Oct-14 54% The Willbes Haitian II S.A. Location: Number of workers: Port-au-Prince 1061 Factory was found non-compliant Date of registration: 27-Aug-10 No-evidence of non-compliance Factory was progressing Advisory and Training Services Date Activity 18-Feb-14 PICC planning meeting. 18-Mar-14 Follow-up meeting on PICC establishment. 09, 10 June 2014 Participation in OSH Training in collaboration with IDB Participation in 9th meeting of social dialogue roundtable meeting 26-Jun-14 22-Jul-14 Management Intro meeting. Discussion on the improvement plan. 19-Aug-14 Factory visit with ILO-MAST capacity project 21-Aug-14 Visit and discussion on Industrial Relations. 29-Aug-14 Meeting with unions cells on industrial relations. Compliance cluster Child Labour Discrimination Forced Labour Compliance point Child Labourers Documentation and Protection of Young Workers Hazardous Work Unconditional Worst Forms Gender Other Grounds Race and Origin Religion and Political Opinion Bonded Labour Coercion Forced Labour and Overtime Prison Labour Collective Bargaining Freedom of Association and Interference and Discrimination Collective Bargaining Strikes Union Operations Method of Payment Minimum Wages Assessment Details of non-compliance 1 2 3 4 5 6 7 8 Improvement Priorities Remediation Efforts Months Compliance cluster Compliance point Assessment Details of non-compliance Improvement Priorities Reasons for termination. Reason for termination must be clearly stated in workers' files and must be done in proportion to workers' behavior and performance. Labelling of chemicals and hazardous substances. Label all chemicals and hazardous substances used in the workplace. 1 2 3 4 5 6 7 8 Overtime Wages Paid Leave Compensation Premium Pay Social Security and Other Benefits Wage Information, Use and Deduction Contracting Procedures Dialogue, Discipline and Disputes Employment Contracts Contracts and Human Resources Termination Chemicals and Hazardous Substances Washing facilities or cleansing Install eye wash stations in all areas where chemicals materials in the event of are stored or in use. chemical exposure. Chemical safety data sheets for all chemicals and hazardous substances in the workplace. Post chemical safety data sheets for all chemicals and hazardous substances used in the workplace. Remediation Efforts Months Compliance cluster Compliance point Assessment Details of non-compliance Improvement Priorities Remediation Efforts Accessible, unobstructed, and/or unlocked emergency exits during working hours, including overtime. Ensure that escape routes in packing areas remain unobstructed at all time during working hours. Management has relocated the congested packing area to prevent obstruction of escape routes. Months 1 2 3 4 5 6 7 8 Emergency Preparedness Firefighting equipment. Marking or posting of emergency exits and/or escape routes in the workplace. Onsite medical facilities and staff. Occupational Safety and Health Health Services and First Aid Pre-assignment and/or annual medical checks for workers. 42 Install adequate fire fighting equipment in the warehouse. Mark or post all emergency exits and/or escape routes in the workplace. Provide the required medical facilities and staff as per Haitian Labour Law. 42 Provide pre-assignment and/or annual medical checks for workers. The factory has hired a doctor who provides free health checks for workers who are exposed to workrelated hazards. OSH Management Systems Welfare Facilities Worker Accommodation Toilets. Provide the number of toilets required by the Haitian Labour code. Eating area. Provide an adequate eating area to accommodate the workers. 42 Compliance cluster Assessment Compliance point Details of non-compliance Improvement Priorities Workplace temperature. Reduce the temperature in the workplace. Workplace lighting. Adequately lit the workplace. Installing guards on all dangerous moving parts of machines and equipment. Install guards on all dangerous moving parts of machines and equipment. Remediation Efforts Months 1 2 3 4 5 6 7 8 Working Environment Worker Protection The factory provided operators of incinerators with appropriate protective clothing and equipments. The factory has implemented a breastfeeding policy. Leave Working Time Overtime Regular Hours Perce tage of piece rate orkers ear i g 300 Gourdes or Oct-13 27% 42 ore for eight hours of ork orkers’ a erage ear i gs : Apr-14 14% Oct-14 36% The Willbes Haitian III S.A. Location: Port-au-Prince Factory was found non-compliant. Number of workers: 586 Factory was progressing Date of registration: 27-Aug-10 No-evidence of non-compliance. Advisory and Training Services Date Activity 18-Feb-14 18-Mar-14 09, 10 June 2014 26-Jun-14 22-Jul-14 19-Aug-14 21-Aug-14 29-Aug-14 PICC implementation meeting. Follow-up meeting on PICC establishment. Participation in OSH training in collaboration with IDB Participation in 9th meeting of social dialogue roundtable meeting Management Intro meeting. Discussion on the improvement plan. Factory visit with ILO-MAST capacity project Visit and discussion on Industrial Relations. Meeting with unions cells on industrial relations. Compliance cluster Compliance point Assessment 1 2 3 4 5 6 7 8 Child Labour Child Labourers Documentation and Protection of Young Workers Hazardous Work Unconditional Worst Forms Gender Discrimination Other Grounds Race and Origin Religion and Political Opinion Bonded Labour Forced Labour Coercion Forced Labour and Overtime Prison Labour Collective Bargaining Freedom of Association and Collective Bargaining Interference and Discrimination Strikes Union Operations Method of Payment Minimum Wages Overtime Wages Details of non-compliance Improvement Priorities Remediation Efforts Months Compliance cluster Compliance point Assessment Details of non-compliance Improvement Priorities Reasons for termination. Reason for termination must be clearly stated in workers' files and must be done in proportion to workers' behavior and performance. Remediation Efforts Months 1 2 3 4 5 6 7 8 Paid Leave Compensation Premium Pay Social Security and Other Benefits Wage Information, Use and Deduction Contracting Procedures Dialogue, Discipline and Disputes Employment Contracts Contracts and Human Resources Termination Payment for unused paid annual leave upon resignation or termination. 6 Ensure that all workers are paid their remaining annual leave allowances upon resignation or termination. Management has put a monitoring system in place to ensure that all workers are paid their annual salary supplement or bonus upon termination. Labelling of chemicals and hazardous substances. Chemicals and Hazardous Substances Label all chemicals and hazardous substances used in the workplace. 42 Chemical safety data sheets for all chemicals and hazardous substances have been made available in all areas where these substances are in use in the workplace. Compliance cluster Compliance point Assessment Details of non-compliance Improvement Priorities Remediation Efforts Fire detection and alarm system. Install adequate fire detection and alarm system in the main warehouse and the mezzanine of building 41. New fire alarm and smoke detectors have been installed in the warehouse building and in the mezzanine level. Months 1 2 3 4 5 6 7 8 12 A new exit door has been made available for use in case of emergency. The factory has ensured that the firefighting equipment is fully functional and new extinguishers were in the warehouse building. Emergency Preparedness All emergency exits and escape routes in the workplace are clearly marked and posted. Pre-assignment and/or annual Ensure that all workers medical checks for receive a medical check at workers. least once a year and within the first three months of employment. 42 Health checks for workers who All workers who are exposed are exposed to to work-related hazards work-related hazards. must be allowed free health checks. Health Services and First Aid Occupational Safety and Health The factory had hired a doctor and an additional nurse to provide free medical checks for all workers on a permanent basis. The factory has installed new fully equipped first aid boxes in the warehouse building. OSH Management Systems Compliance cluster Compliance point Assessment Details of non-compliance Improvement Priorities Toilets. Provide the number of toilets required by the Haitian Labour code. Eating area. Provide an eating area to accommodate the workers. Remediation Efforts Months 1 2 3 4 5 6 7 8 Welfare Facilities 42 The factory has made soap available in washing facilities in a more consistent manner. Worker Accommodation Workplace lighting. Adequately light the workplace. 24 Providing workers with personal protective clothing and equipment Provide all workers doing hazardous work in the factory with the appropriate protective equipment. 42 Working Environment Accommodating standing workers. Worker Protection Training of workers to use machines and equipment safely. Installing guards on all dangerous moving parts of machines and equipment. Leave Standing workers must be provided with fatigue mats or have tables equipped with foot rest. The factory must ensure that all chairs are equipped with back rest. The factory must install guards on all dangerous moving parts of machines and equipment. The factory is implementing the provisions of the law on breastfeeding. Compliance cluster Compliance point Assessment Details of non-compliance Improvement Priorities Remediation Efforts Authorization from the Department of Labour for overtime. The factory must request an The factory has requested the authorization from the authorization to do overtime Department of Labour for work and it has been granted. working overtime. 1 2 3 4 5 6 7 8 Working Time Overtime Regular Hours Perce tage of piece rate orkers ear i g 300 Gourdes or Oct-13 27% ore for eight hours of ork Apr-14 30% orkers’ a erage ear i gs : Oct-14 28% Months Annex 1. HOPE II Legislation Reporting Requirements 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. (iii) For each producer listed under clause (ii) — (I) a description of the deficiencies found to exist and the specific suggestions for remediating such deficiencies made by the entity operating the TAICNAR Program; (II) a description of the efforts by the producer to remediate the deficiencies, including a description of assistance provided by any entity to assist in such remediation; and (III) with respect to deficiencies that have not been remediated, the amount of time that has elapsed since the deficiencies were first identified in a report under this subparagraph. (iv) For each producer identified as having deficiencies with respect to the conditions described under subparagraph (B) in a prior report under this subparagraph, a description of the progress made in remediating such deficiencies since the submission of the prior report, and an assessment of whether any aspect of such deficiencies persists. [...] 133 Annex 2. Minimum Wage Law (CL-09-2009-010) 134 135 136 137 Annex 3. Presidential Decree on Minimum Wage Increase as of 1st May 2014 138 139 140 141 142