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.
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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
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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.
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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
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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
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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
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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
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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.
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
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.
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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.
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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.
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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.
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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.
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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.
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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