Se ha denunciado esta presentación.
Utilizamos tu perfil de LinkedIn y tus datos de actividad para personalizar los anuncios y mostrarte publicidad más relevante. Puedes cambiar tus preferencias de publicidad en cualquier momento.
Brief on
BSCI (Business Social Compliance Initiative) Code of Conduct
&
it’s practical implementation
according to BSCI Co...
Content
2
Sl Particular
Page
From To
1 Introduction 3 4
2
Social Management System &
Cascade Effect
5 13
3
Workers Involve...
Introduction
3
BSCI was launched in 2003 as an initiative of the Foreign Trade Association (FTA) in response to the increasing
business d...
Performance Area: 1
Social Management System & Cascade Effect
5
BSCI Principals acknowledge their capacity to influence social changes in their supply chains through their
purchasing act...
The above aspects requires the following:
Management System
 Set up an effective management system to implement BSCI Code...
The above aspects requires the following:
Management System
 Appoint Sr. Manager to ensure that the BSCI values & princip...
The above aspects requires the following:
Management System
 Good overview of the significant business partners & their l...
The above aspects requires the following:
Management System
 Workforce capacity is properly organized to meet the expecta...
The above aspects requires the following:
Cascade Effects
 Monitor how business partner observe the BSCI Code of Conduct ...
The above aspects requires the following:
Cascade Effects
 Develop the necessary policy & processes to prevent & address ...
The above aspects requires the following:
Cascade Effects
 Manage business relations in a responsible manner -
 Have the...
Performance Area: 2
Workers Involvement & Protection
14
Business enterprises should establish good management practices that involve workers & their
representatives to do appropr...
The above aspects requires the following:
 Define long term goals for protecting workers in line with aspirations of BSCI...
The above aspects requires the following:
 Take specific steps to make workers aware of their rights & responsibilities -...
The above aspects requires the following:
 Build sufficient competent among managers, workers & workers representatives t...
The above aspects requires the following:
Grievance Mechanism
 Have established, or participates in, an effective operati...
Performance Area: 3
The rights of Freedom of Association
&
Collective Bargaining
20
Business partners shall -
I. Respect the right of workers to form unions.
II. Not discriminate against workers because of ...
The above aspects requires the following:
 Respect the right of workers to form unions in a free & democratic way –
 Wor...
The above aspects requires the following:
 Respect the workers’ rights to bargain collectively –
 Workers representative...
The above aspects requires the following:
 No discrimination against workers because of their trade union membership –
 ...
Performance Area: 4
No Discrimination
25
Business partners shall not discriminate, exclude or have a certain performance for persons on the basis of the
following ...
The above aspects requires the following:
 Take necessary measures to avoid or eradicate discrimination in the work place...
The above aspects requires the following:
 Take the necessary preventative and / or remedial measures to ensure workers a...
The above aspects requires the following:
 Take the necessary preventative and / or remedial measures so workers are not ...
Performance Area: 5
Fair Remuneration
30
Business partners observe this principal when they respect the right of the workers to receive fair
remuneration that is s...
The above aspects requires the following:
 Wages are paid in a timely manner, regularly & fully in legal tender –
 Respe...
The above aspects requires the following:
 The level of wages reflects the skills & education of workers –
 To verify th...
The above aspects requires the following:
 The level of wages reflects the skills & education of workers –
 Consult with...
The above aspects requires the following:
 Provide sufficient remuneration that allows workers to meet a decent standard ...
The above aspects requires the following:
 Provide sufficient remuneration that allows workers to meet a decent standard ...
The above aspects requires the following:
 Provide sufficient remuneration that allows workers to meet a decent standard ...
The above aspects requires the following:
 Provide workers with the social benefits that are legally granted –
 Be aware...
The above aspects requires the following:
 Provide workers with the social benefits that are legally granted –
Note: 2. E...
The above aspects requires the following:
 Deductions are only taken under the conditions & to the extent prescribed by t...
The above aspects requires the following:
 Deductions are only taken under the conditions & to the extent prescribed by t...
Performance Area: 6
Decent Working Hours
42
Business partners observe this principle when they ensure that workers have decent working hour without
prejudice to the s...
The above aspects requires the following:
 Does not require more than regular 48 working hours per week, without prejudic...
The above aspects requires the following:
 Overtime is in line with the BSCI Code of Conduct –
 Most countries legislati...
The above aspects requires the following:
 Overtime is in line with the BSCI Code of Conduct –
 Make a procedure for ove...
The above aspects requires the following:
 Grant workers the right to resting breaks in every working day –
 The workers...
The above aspects requires the following:
 Grant workers the right to at least 1 day off in every 7 days –
 Respect rele...
Performance Area: 7
Occupational Health & Safety
49
Business partners observe this principal when they respect the right to healthy working & living conditions of
workers & l...
The above aspects requires the following:
 Observe occupational health & safety regulations applicable for its activities...
The above aspects requires the following:
 Improve workers protection in case of accident, including through compulsory i...
The above aspects requires the following:
Risk Assessment
 Carry out regularly risk assessments for safe, healthy & hygie...
The above aspects requires the following:
Risk Assessment
 Active cooperation between management & workers (and / or thei...
The above aspects requires the following:
Training
 Provide regularly OHS trainings to ensure workers understand the rule...
The above aspects requires the following:
Training
 Provide regularly OHS trainings to ensure workers understand the rule...
The above aspects requires the following:
Personal Protective Equipment (PPE)
 Enforces the use of PPE to provide protect...
The above aspects requires the following:
Chemicals
 Implements engineering & administrative control measures to avoid or...
The above aspects requires the following:
Chemicals
 Implements engineering & administrative control measures to avoid or...
The above aspects requires the following:
Chemicals
 Implements engineering & administrative control measures to avoid or...
The above aspects requires the following:
Accident & Emergency Procedures
 Have developed & implemented accident & emerge...
The above aspects requires the following:
Accident & Emergency Procedures
 Make visible potential hazards to the workers ...
The above aspects requires the following:
Accident & Emergency Procedures
 Have & properly use the procedures & systems f...
The above aspects requires the following:
Accident & Emergency Procedures
 Have & properly use the procedures & systems f...
The above aspects requires the following:
Accident & Emergency Procedures
 Confirm that the equipment & buildings used fo...
The above aspects requires the following:
Accident & Emergency Procedures
 Respect the workers right to remove themselves...
The above aspects requires the following:
Electricity
 Make sure a competent person periodically checks the electrical in...
The above aspects requires the following:
Electricity
 Make sure a competent person periodically checks the electrical in...
The above aspects requires the following:
Fire Protection
 Install an adequate amount of properly working firefighting eq...
The above aspects requires the following:
Fire Protection
 Install an adequate amount of properly working firefighting eq...
The above aspects requires the following:
Escape Routes & Emergency Exits
 Ensure that escape routes, aisles & emergency ...
The above aspects requires the following:
Escape Routes & Emergency Exits
 Ensure that escape routes, aisles & emergency ...
The above aspects requires the following:
Escape Routes & Emergency Exits
 Ensure evacuation plans meet legal requirement...
The above aspects requires the following:
Machine & Vehicle Safety
 Ensure adequate safeguards for any machine part, func...
The above aspects requires the following:
First Aid
 Ensure qualified first aid is available at all times –
 Respect nat...
The above aspects requires the following:
First Aid
 Ensure qualified first aid is available at all times –
 Where immed...
The above aspects requires the following:
First Aid
 Have emergency procedures, in writing to deal with cases of trauma o...
The above aspects requires the following:
Work place & Social facilities including housing provided by the facility manage...
The above aspects requires the following:
Work place & Social facilities including housing provided by the facility manage...
The above aspects requires the following:
Work place & Social facilities including housing provided by the facility manage...
The above aspects requires the following:
Work place & Social facilities including housing provided by the facility manage...
The above aspects requires the following:
Work place & Social facilities including housing provided by the facility manage...
The above aspects requires the following:
Work place & Social facilities including housing provided by the facility manage...
Performance Area: 8
No Child Labor
84
Business partners observe this principle when they do not employ directly or indirectly, children bellow the
minimum age o...
The above aspects requires the following:
 Do not engage in illegal child labor directly or indirectly –
 Light work ref...
The above aspects requires the following:
 Do not engage in illegal child labor directly or indirectly –
 The facility h...
The above aspects requires the following:
 Do not engage in illegal child labor directly or indirectly –
 If the facilit...
The above aspects requires the following:
 Do not engage in illegal child labor directly or indirectly –
Note: 1. The iss...
The above aspects requires the following:
 Have established robust age verification mechanisms as part of the recruitment...
The above aspects requires the following:
 Have established robust age verification mechanisms as part of the recruitment...
The above aspects requires the following:
 Have adequate policies & procedures in writing toward protecting children from...
The above aspects requires the following:
 Have adequate & remedial policies & procedures to provide for further protecti...
Performance Area: 9
Special protection for Young Workers
94
BSCI (Business Social Compliance Initiative) Code of Conduct & it’s practical implementation
BSCI (Business Social Compliance Initiative) Code of Conduct & it’s practical implementation
BSCI (Business Social Compliance Initiative) Code of Conduct & it’s practical implementation
BSCI (Business Social Compliance Initiative) Code of Conduct & it’s practical implementation
BSCI (Business Social Compliance Initiative) Code of Conduct & it’s practical implementation
BSCI (Business Social Compliance Initiative) Code of Conduct & it’s practical implementation
BSCI (Business Social Compliance Initiative) Code of Conduct & it’s practical implementation
BSCI (Business Social Compliance Initiative) Code of Conduct & it’s practical implementation
BSCI (Business Social Compliance Initiative) Code of Conduct & it’s practical implementation
BSCI (Business Social Compliance Initiative) Code of Conduct & it’s practical implementation
BSCI (Business Social Compliance Initiative) Code of Conduct & it’s practical implementation
BSCI (Business Social Compliance Initiative) Code of Conduct & it’s practical implementation
BSCI (Business Social Compliance Initiative) Code of Conduct & it’s practical implementation
BSCI (Business Social Compliance Initiative) Code of Conduct & it’s practical implementation
BSCI (Business Social Compliance Initiative) Code of Conduct & it’s practical implementation
BSCI (Business Social Compliance Initiative) Code of Conduct & it’s practical implementation
BSCI (Business Social Compliance Initiative) Code of Conduct & it’s practical implementation
BSCI (Business Social Compliance Initiative) Code of Conduct & it’s practical implementation
BSCI (Business Social Compliance Initiative) Code of Conduct & it’s practical implementation
BSCI (Business Social Compliance Initiative) Code of Conduct & it’s practical implementation
BSCI (Business Social Compliance Initiative) Code of Conduct & it’s practical implementation
BSCI (Business Social Compliance Initiative) Code of Conduct & it’s practical implementation
BSCI (Business Social Compliance Initiative) Code of Conduct & it’s practical implementation
BSCI (Business Social Compliance Initiative) Code of Conduct & it’s practical implementation
BSCI (Business Social Compliance Initiative) Code of Conduct & it’s practical implementation
BSCI (Business Social Compliance Initiative) Code of Conduct & it’s practical implementation
BSCI (Business Social Compliance Initiative) Code of Conduct & it’s practical implementation
BSCI (Business Social Compliance Initiative) Code of Conduct & it’s practical implementation
BSCI (Business Social Compliance Initiative) Code of Conduct & it’s practical implementation
BSCI (Business Social Compliance Initiative) Code of Conduct & it’s practical implementation
BSCI (Business Social Compliance Initiative) Code of Conduct & it’s practical implementation
BSCI (Business Social Compliance Initiative) Code of Conduct & it’s practical implementation
BSCI (Business Social Compliance Initiative) Code of Conduct & it’s practical implementation
BSCI (Business Social Compliance Initiative) Code of Conduct & it’s practical implementation
BSCI (Business Social Compliance Initiative) Code of Conduct & it’s practical implementation
BSCI (Business Social Compliance Initiative) Code of Conduct & it’s practical implementation
BSCI (Business Social Compliance Initiative) Code of Conduct & it’s practical implementation
BSCI (Business Social Compliance Initiative) Code of Conduct & it’s practical implementation
BSCI (Business Social Compliance Initiative) Code of Conduct & it’s practical implementation
BSCI (Business Social Compliance Initiative) Code of Conduct & it’s practical implementation
BSCI (Business Social Compliance Initiative) Code of Conduct & it’s practical implementation
BSCI (Business Social Compliance Initiative) Code of Conduct & it’s practical implementation
BSCI (Business Social Compliance Initiative) Code of Conduct & it’s practical implementation
Próxima SlideShare
Cargando en…5
×

BSCI (Business Social Compliance Initiative) Code of Conduct & it’s practical implementation

2.749 visualizaciones

Publicado el

A guide-line is prepared according to BSCI Code of Conduct & Check list, update amendment, 2014 which may be needful for RMG factories to implement BSCI standard.

Publicado en: Educación
  • Inicia sesión para ver los comentarios

BSCI (Business Social Compliance Initiative) Code of Conduct & it’s practical implementation

  1. 1. Brief on BSCI (Business Social Compliance Initiative) Code of Conduct & it’s practical implementation according to BSCI Code of Conduct & Check list, update amendment, 2014 Prepared by Amatun Noor, Asst. Manager, Compliance department 1
  2. 2. Content 2 Sl Particular Page From To 1 Introduction 3 4 2 Social Management System & Cascade Effect 5 13 3 Workers Involvement & Protection 14 19 4 The Rights of the Freedom of Association & Collective Bargaining 20 24 5 No Discrimination 25 29 6 Fair Remuneration 30 41 7 Decent Working Hours 42 48 8 Occupational Health & Safety 49 83 Sl Particular Page From To 9 No Child Labor 84 93 10 Special Protection for Young workers 94 101 11 No Precarious Employment 102 109 12 No Bonded Labor 110 117 13 Protection of the Environment 118 123 14 Ethical Business Behavior 124 127 15 Document Summary 128 135 16 Question & Answer 136 -
  3. 3. Introduction 3
  4. 4. BSCI was launched in 2003 as an initiative of the Foreign Trade Association (FTA) in response to the increasing business demand for transparent & improved working conditions in the global supply chain. There are 1,500 companies been united around 1 common Code of Conduct & support them in their efforts towards building an ethical supply chain by providing them with a step-by-step development-oriented system, applicable to all sectors & all sourcing countries. The fundamental goals of BSCI are only achievable through a strong commitment from participants to implement the system. All work is based on the BSCI Code of Conduct, which all participants accept upon joining BSCI. The code ensures a strong & credible commitment from both BSCI participants & their business partners to achieve the goals. BSCI is a system open to all retail, brand & importing companies committed to improving working conditions in the global supply chain. Interested companies & associations can only participate in BSCI after joining FTA. BSCI is shaped by its participants. The BSCI secretariat is responsible for the implementation of the organization’s objectives & its day-to-day management. In June 2014, FTA also launched the Business Environmental Performance Initiative (BEPI), to support retailers, importers & brand companies, to improve environmental performance in supplying factories & farms worldwide. 4
  5. 5. Performance Area: 1 Social Management System & Cascade Effect 5
  6. 6. BSCI Principals acknowledge their capacity to influence social changes in their supply chains through their purchasing activities. They manage their relationships with all business partners in a responsible way & expect the in return. This requires a co-operative approach where every business enterprise: I. Involves it’s respective business partners. II. Takes all responsible & appropriate measures in it’s sphere of influence, needed to implement the BSCI Code of Conduct. III. Exchange information to timely identify any challenge that requires mitigation. The above aspects requires the following: Management System  Set up an effective management system to implement BSCI Code of Conduct –  Understand →  Why own good social performance is important for BSCI Participants?  The importance & benefits of having an effective management system & related procedures in place.  The content of the BSCI Code & Terms of Implementation for business partners to be involved in the BSCI monitoring process.  The need to develop internal procedures to integrate the BSCI Code into day-to-day business practices. 6
  7. 7. The above aspects requires the following: Management System  Set up an effective management system to implement BSCI Code of Conduct –  Understand →  How business relations are affected by the implementation of BSCI.  The difference between short-term investment and long-lasting solutions.  The need to consult customers & stakeholders to adhere to a continuous improvement approach in day-to-day business practices.  Show full commitment towards integrating the BSCI Code into the business culture.  Appoint Sr. Manager to ensure that the BSCI values & principals are followed in a satisfactory manner -  The function →  Is part of senior management.  Actively works towards adhering to the Code of Conduct as part of the business culture.  Includes other duties & covers several areas of work such as strategy & business development (if relevant).  Has decision-making power & allocated budget to succeed in the follow-up of BSCI social performance. 7
  8. 8. The above aspects requires the following: Management System  Appoint Sr. Manager to ensure that the BSCI values & principals are followed in a satisfactory manner -  The individual with this function has →  A good understanding of the BSCI Code of Conduct & Terms of Implementation.  A good overview of the supply chain: • Which business partners are important (significant) for the business. • Which stakeholders are relevant for integrating BSCI values & principles into the business culture.  Designate specific person for specific role & responsibility, such as –  Implementing BSCI Code of Conduct in the business culture  Grievance mechanism  HR  Training  OHS issues  Business partners monitoring  Acknowledge those responsible through letter and keep record.  These functions have sufficient skills (by training or by experience) to fulfil their responsibilities.  These functions have allocated budget to succeed in the implementation of BSCI principles and values.8
  9. 9. The above aspects requires the following: Management System  Good overview of the significant business partners & their level of alignment with the BSCI Code of Conduct -  Examples of business partners are →  Subcontractors.  Recruitment agencies.  Catering service.  Suppliers (including farms).  Have management system to select current & future significant business partners.  Consider not only price & quality but also willingness to respect the BSCI requirements during selection.  Keep accurate information on different significant business partners.  Know how long business partners have been working with it.  Monitors current & future significant business partners Social performance. These verifications can be conducted by either its own personnel (as long as they are qualified to do so ) or 3rd parties mandated to conduct such assessments.  Take assurance from the business partner to abide BSCI values & principals.  Be familiar with the ways in which business partners manage their own businesses.  Keep records of any complaints received about business partners & deal with these complaints. 9
  10. 10. The above aspects requires the following: Management System  Workforce capacity is properly organized to meet the expectations of delivery order and / or contracts -  Effective workforce planning reduce unnecessary subcontracting or overtime, which represent social risks for both the facility & its clients.  Develop reliable methodology to plan production, including delivery time.  Have good understanding of →  The production rate per production unit.  The production rate per worker.  Have a “Contingency Plan” in case something slows down or interrupts production.  Make aware management of how much more “Overtime” premium would be added to cost, in case it is needed, to match a delivery order.  Discuss workforce capacity with the head of HR & Worker’s representatives.  Designate specific person to make the final decision to change regular work capacity if it appears that delivery time will not be meet. 10
  11. 11. The above aspects requires the following: Cascade Effects  Monitor how business partner observe the BSCI Code of Conduct -  Request significant business partners to sign the BSCI Code & relevant Terms of Implementation & keep copy of that document.  Include social performance criteria as pre – requisites to select business partners.  Have institutionalized different processes to make necessary business decisions and / or any corrective actions to address risks found in the activities of business partners.  Have monitoring system in place for business partners with schedule →  Regular transparent reporting related to social ricks.  Internal auditing.  2nd party or 3rd party audits.  Designate responsible person for →  The monitoring.  Be informed about any relevant problem related to the business partner.  Make those responsible persons competent (as a result of training or experience).  Fix the consequences if a business partner fails to observe the BSCI Code.  Have a system to pass on this information (e.g. to a BSCI Participant). 11
  12. 12. The above aspects requires the following: Cascade Effects  Develop the necessary policy & processes to prevent & address any adverse human rights impacts that may be detected in its supply chain -  Infringement of human rights at the workplace or in the supply chain often occurs in a context of:  Absent, vague or insufficient rules of conduct.  Lack of or vague working procedures.  Be aware of the correlation between working conditions & potential human rights violations.  Understand that human rights impacts can be prevented & addressed.  Prevention & remediation of any adverse human rights should at least permeate:  The regular risk assessment conducted in the company (e.g. occupational health & safety risk assessment).  The decision-making process regarding human resources management as well as relations with business partners.  The available budget to address impacts & remediate victims (if relevant).  The systematic follow-up & review of the measures taken. 12
  13. 13. The above aspects requires the following: Cascade Effects  Manage business relations in a responsible manner -  Have the communication channels that allow business partners to explain their difficulties as well as progress towards aligning to the Code.  Fix particular base for terminating contracts or business relations.  Fix the specific clauses in the contracts about ending business partnership. Note: It does not need to stop business with business partners that do not observe the BSCI Code of Conduct as long as those partners are transparent about their difficulties & take effective actions towards improvements. 13
  14. 14. Performance Area: 2 Workers Involvement & Protection 14
  15. 15. Business enterprises should establish good management practices that involve workers & their representatives to do appropriate measures for protecting workers in line with the aspirations of the BSCI Code of Conduct. The above aspects requires the following:  Have good management practices that involve workers & their representatives in sound information exchange on work place issue –  Have establish communication structures to genuinely involve workers & their representatives.  Exchange information on workplace related issues with workers & their representatives:  Fix the schedule for management & workers to meet in order to discuss about improving working conditions.  The minutes of such meetings taken, kept & available for consultation.  Have a system that the workers representative elected:  Keep records of the election process.  Elections are not affected by undesirable interference from the management.  Follow-up on workers requests or complaints.  Pay concern on the most vulnerable workers (e.g. migrants, young workers).  Define long term goals for protecting workers in line with aspirations of BSCI Code of Conduct -  Have the vision, mission & objectives of the company in line with BSCI Code.  Have a long term goals & it shall reflect a step by step approach toward sustainable improvements.15
  16. 16. The above aspects requires the following:  Define long term goals for protecting workers in line with aspirations of BSCI Code of Conduct -  Involve the workers & workers representatives genuinely in defining this goals.  Have a strategic plan to achieve those goals in writing & it shall be approved by the competent person (or governance body).  Take specific steps to make workers aware of their rights & responsibilities -  Make aware regularly all workers (New, regular, young, migrant, Seasonal, Piece rate, etc.) of the following issues & keep record:  Legal rights & obligation according to the country law.  Employment contract.  Job description.  Working rules of the workplace which abide the law.  Occupational Health & Safety.  Grievance mechanism.  Sources of rights & obligations must be available for workers & their representatives.  The BSCI Code of Conduct (not necessarily including the Appendices) is displayed in a visible place of the workplace.  Confirm that workers have a good level of awareness of their rights & responsibilities through interview. 16
  17. 17. The above aspects requires the following:  Take specific steps to make workers aware of their rights & responsibilities -  Designate a person as in charge of training & make him / her qualified (by qualification or experience) to train workers about their rights & obligations.  Clearly explain workers rights & obligations in the employment contracts.  Make a procedure for training. Note: a. Training is mandatory for new workers, even those, recruited through recruiting agency also. b. Migrant worker need to be trained & must receive a version of the work contract in a language they understand.  Build sufficient competent among managers, workers & workers representatives to successfully embed responsible practices in the business operation -  Trainings are granted for workers representatives, managers & other decision-makers.  Ensure that management regularly receive:  Informative sessions on the BSCI Code of Conduct through training.  Specific training for human resources, OHS & the grievance mechanism personnel. • Feedback on the BSCI Audit results & follow up.  Have training materials related to BSCI Code content.  Do “Post assessment” of the training through interview with managers & other decision makers to confirm a good level of awareness on social responsibility & the content of the BSCI Code. 17
  18. 18. The above aspects requires the following:  Build sufficient competent among managers, workers & workers representatives to successfully embed responsible practices in the business operation -  Designate a person as in charge of the training & make him / her qualified to train the audience. Grievance Mechanism  Have established, or participates in, an effective operational level grievance mechanism for individuals & communities -  The grievances lodged can relate to the facility’s actions and / or inactions that represent a potential breach of workers or communities rights.  Have a system to keep records on the grievances lodged and the history of the solutions & remediation taken.  Have additional measures to avoid any kind of discrimination to access the grievance mechanism.  Duly inform & involve(when applicable) workers representatives when grievances are processed & investigated with utmost guarantees.  Have there some indicators of satisfaction among the users. Note: The written procedure for the grievance mechanism defines:  A person responsible for its administration.  Potential conflict of interest & how to overcome them (e.g. if a grievance is against the person who administers the mechanism). 18
  19. 19. The above aspects requires the following: Grievance Mechanism  Have established, or participates in, an effective operational level grievance mechanism for individuals & communities - Note: The written procedure for the grievance mechanism defines:  Timelines to address grievances.  Process for “Appeals” or escalation as an additional guarantee.  Communication process to ensure that workers & community members have access to the grievance mechanism. This includes workers representatives, seasonal, migrant, temporary, young & female workers.  Alternative ways for lodging a compliant (e.g. Through a workers representative or directly to the management).  Record system of grievance lodged, including how they were investigated & addressed.  Regular survey on the grievance procedure. 19
  20. 20. Performance Area: 3 The rights of Freedom of Association & Collective Bargaining 20
  21. 21. Business partners shall - I. Respect the right of workers to form unions. II. Not discriminate against workers because of trade union membership. III. Respect workers right to bargain collectively. The above aspects requires the following:  Respect the right of workers to form unions in a free & democratic way –  Workers establish & join workers’ organizations of their own choosing.  Workers do not need previous authorization from the facility to join or establish a workers’ organization.  Workers’ organizations are formed in a democratic manner:  Management does not interfere to prevent workers participation in meetings regarding unions or other workers organizations.  Management does not discourage or interfere in the election process of union members or workers representatives.  Management does not appoint a “workers representative” to undermine the workers’ democratic election.  Management made “arrangements” to undermine the company’s obligation to respect the national law on freedom of association (E.g. subcontracting some parts of production intentionally to avoid reaching the number of workers required to introduce workers representatives in the business). 21
  22. 22. The above aspects requires the following:  Respect the right of workers to form unions in a free & democratic way –  Workers’ organizations are formed in a democratic manner:  Workers do not suffer any retaliation for participating (actively or passively) in election processes of workers representatives.  Respect the workers’ rights to bargain collectively –  What is Collective bargaining?  Collective bargaining is the process used by trade unions or workers representatives & employers to negotiate the provisions that reflect the terms & conditions of employment for workers.  It confers to them their rights, privileges & responsibilities.  Collective bargaining is used to set the rules by which the workplace is regulated & remunerated.  Agreements are regularly renegotiated to adapt to new circumstances.  Demonstrate understanding of the collective bargaining process.  Do not include any stipulation contrary to collective bargaining agreement in the Employment contracts.  If the stipulations of a collective agreement fail to apply to all workers in the same category it shall be justified.  Do not make any “Arrangements” to avoid the workers representative or the trade union to negotiate on behalf of the workers. 22
  23. 23. The above aspects requires the following:  Respect the workers’ rights to bargain collectively –  Workers representative do not receive any benefit from the facility for giving up on certain aspects of the negotiation.  Keep documentary proof of recent or the latest collective bargaining agreement. It shall be available.  The workers representative explain the content to workers.  No discrimination against workers because of their trade union membership –  Neither workers nor their representatives are discriminated against nor suffer other repercussions because: 1. They freely exercise their right to organize. 2. They are members of a trade union. 3. They participate in or organize legal activities of their union or worker organization. For example -  Candidates for a working position rejected because of their affiliation to a trade union.  Workers who are members of a trade union receive less (or no access at all) to overtime, training or social benefits.  Union members or sympathizers are not promoted to higher positions in the company.  Workers are dismissed for being unionized. 23
  24. 24. The above aspects requires the following:  No discrimination against workers because of their trade union membership –  No circumstance occurs that discourages workers from exercising the rights of freedom of association & collective bargaining.  Do not prevent workers representatives from accessing or interacting with workers in the workplace –  Recognize workers representatives’ access to the workers in the workplace.  Understand that not allowing a workers representative to access workers in the workplace represents an interference with the right of freedom of association.  Do not deduct workers’ pay, If meetings with workers representatives organized in line during working hours.  Workers representatives are present in the production site(s).  There are clear mechanisms in place to allow workers to contact & meet the workers representative.  Conduct regular meetings between the workers representative & the management.  Attention if any grievance lodged with the support of the workers representative. 24
  25. 25. Performance Area: 4 No Discrimination 25
  26. 26. Business partners shall not discriminate, exclude or have a certain performance for persons on the basis of the following condition that could give rise to discrimination: The above aspects requires the following:  Take necessary measures to avoid or eradicate discrimination in the work place –  Do not argue that could be considered as discriminatory when: 26  Gender  Age  Religion  Race & Caste  Birth  Social background  Disability  Ethnic & National Origin  Nationality  Membership in unions or any other legitimated organizations  Political affiliation or opinions  Sexual orientation  Family responsibilities  Marital status  Diseases  Any other condition • Hiring • In the work place or as part of any daily work activities • Firing • Promoting or offering training opportunities • Paying social benefits
  27. 27. The above aspects requires the following:  Take necessary measures to avoid or eradicate discrimination in the work place –  Pay particular attention to avoid discrimination against vulnerable groups like disabled workers, pregnant women or migrant workers.  Follow the steps towards eradicating discrimination:  Internal assessment : Conduct an internal assessment on the most frequent grounds used for discrimination as well as the most common activities through which discrimination may occur (e.g. hiring process).  Root cause analysis : Identify the root causes of discriminatory behaviors.  Policy : Draft & enforce a policy to discourage these kinds of behaviors & follow up on the improvements.  Does not use health conditions for discrimination:  For example: Medical testing, virginity test, use of contraception or equivalent, shall not be used as a requirement or precondition for recruitment, promotion, access to training or any other social benefits.  Even in cases where national law requires HIV or other medical testing for public health reasons, the results of these tests can not be used for discrimination. Instead, additional measures of protection should be taken. 27
  28. 28. The above aspects requires the following:  Take the necessary preventative and / or remedial measures to ensure workers are not disciplined, dismissed or otherwise discriminated against because of their complaints against infringements of their rights –  Workers have the possibility to submit complaints about infringements of their rights without having to fear reprisals.  Have the necessary preventive measures in place to avoid discriminatory practices based on reprisals (e.g. instructing the human resources department & supervisors that disciplinary measures or dismissal cannot occur based on such complaints).  Put in place corrective measures or compensation in cases of unfair dismissal or if other forms of discrimination may have occurred.  Conduct satisfaction surveys on the grievance mechanism:  Identify the circumstances under which the worker left the company, or was dismissed & keep record.  Make a schedule.  Records are available of these surveys.  The measures are in place to avoid discipline, dismissal or discrimination translated into the working rules.  Management (including supervisors) is trained on these measures:  Make a schedule.  Records are available of these trainings. 28
  29. 29. The above aspects requires the following:  Take the necessary preventative and / or remedial measures so workers are not harassed or disciplined on grounds of discrimination as listed in the BSCI Code -  Have a written procedure describing reasons for disciplinary measures.  How are the disciplinary measures translated into the working rules?  How & how often is management (including supervisors) trained on these measures?  Need to be well-informed on what the national legislation states about which disciplinary measures are legally accepted and which are not.  Disciplinary measures cannot be against the law.  Involve workers & their representatives during consultation in the development of disciplinary measures & procedures and keep the minutes of the consultation process as record.  Disciplined workers are interviewed.  Management & all workers are aware of the reasons for disciplinary measures. 29
  30. 30. Performance Area: 5 Fair Remuneration 30
  31. 31. Business partners observe this principal when they respect the right of the workers to receive fair remuneration that is sufficient to provide them with a decent living for themselves & their families, as well as the social benefits legally granted, without prejudice to the specific expectations set out hereunder. The above aspects requires the following:  Comply with the government’s minimum wage legislation or the industry standard approved through collective bargaining –  Not pay any wage bellow the minimum established by the law or the collective bargaining agreement.  Workers are paid the minimum wage have only to work regular time. They do not have to reach the minimum wage level by working overtime.  The verified payroll sample covers a significant period of time (e.g. 12 months before the date of the audit). However, the period of time taken during a follow-up audit shall not include the period covered by the previous audit, particularly when the verification aims at validating improvements.  Pay part time workers at least the minimum wage or relevant industry standard on a “Pro-rata” basis.  For piece rate worker’s payment, the number of pieces produced in 8 hours amount to no less than the minimum wage per day, defined by law.  The remuneration of workers in probation is in accordance with the law.  Keep record on how, when & how much, workers receive the payment from the recruiting agency, if they recruited through it. 31
  32. 32. The above aspects requires the following:  Wages are paid in a timely manner, regularly & fully in legal tender –  Respects 3 characteristics of wage payment – Timely, Regularly & Fully in legal tender.  Only pays “In kind” if (N/A):  The payment in kind is done on top of the amount due in legal tender.  The payment in kind is never done in alcohol or other drugs.  Pay particular attention to the way seasonal workers & piece rate workers are paid.  There is a specific policy & procedure in place that clarify the following mentioning:  How is regular payment agreed & communicated? What special guarantees are defined by the facility?  How are transportation and / or housing considered in the remuneration (If applicable)?  How are personal protective equipment & other tools needed to perform the job? (Even they are not to be considered part of the remuneration).  Pay special attention & act diligently when using “Recruitment agencies” or “Labor brokers”?  Be aware about how & when workers receive payment from the agency.  Keep these records as part of its own record keeping. 32
  33. 33. The above aspects requires the following:  The level of wages reflects the skills & education of workers –  To verify the skill of different area, the auditor will use interviews with:  Production line management.  Quality management.  Senior workers.  Skills can be achieved by means of both education and experience.  Take into consideration skills & education in the hiring process.  Adapt the remuneration to the workers skill to encourage improvements in quality & stability of then employment relationship.  Does not use unskilled workers to conduct qualified jobs. This represents a social risk (e.g. Evasion & OHS issues), which will need to be reported in the relevant Performance Area.  Does not use highly skilled workers to conduct low - skilled jobs. If it does, this may represent a sign of discrimination or evasion of the law.  Conduct workers training on a regular basis to strengthen their skills.  Job description are available with the kinds of skills required to perform such jobs.  Designate a person as in charge of recruiting & trained him / her to evaluate the level of competence.  Do guarantee for regular trainings of workers. 33
  34. 34. The above aspects requires the following:  The level of wages reflects the skills & education of workers –  Consult with the people, in charge of conducting occupational health & safety risk-assessments, to determine the type of skills needed.  Have mechanisms in place to ensure more skilful workers pass their knowledge onto junior workers.  Hire the workers to conduct certain tasks in possession of the necessary skills & remunerated them accordingly.  Provide sufficient remuneration that allows workers to meet a decent standard of living –  The auditor may need to consult additional sources to find out more about the region:  Government data (statistics, community development departments).  Local or international NGOs working in the area & sector.  Community groups may have answers to some of these questions.  The auditor will indicate the source(s) used for the calculation.  The auditor may use the opening meeting as an opportunity to explain the following aspects taken into consideration for the calculation & seek additional feedback from the facility, if needed:  Number of family members in the region.  Diet.  Transportation costs. 34
  35. 35. The above aspects requires the following:  Provide sufficient remuneration that allows workers to meet a decent standard of living –  Be aware that fair remuneration concerns all workers regardless if they are permanent or seasonal, regardless if they are directly or indirectly engaged.  Have a good understanding about:  Living costs of the workforce in the region.  Possible gaps existing between the actual remuneration & the fair remuneration figure.  Identifying potential actions to fill the gap.  Total remuneration includes:  Wage paid for up to 48 regular working hours (or whatever the maximum regular hours are according to local or national law).  Social benefits.  In – kind benefits & bonuses.  Subsidized or free transportation.  Subsidized or free living space.  Subsidized or free canteen services.  Opportunities for education or training.  Premium paid overtime. 35
  36. 36. The above aspects requires the following:  Provide sufficient remuneration that allows workers to meet a decent standard of living –  Remuneration does not include the cost of:  Uniforms.  Personal protective equipment.  Training that mandatory as part of the job requirement. For example, Occupational health & safety training, First aid training, etc.  Any tool essential to conduct the job.  To give a monetary value to trainings, the auditor will calculate the training time at the rate of the regular wage.  Recruiting in charge is aware of the standard of living in the region.  Do guarantee regular information to workers on what is considered remuneration.  Consult with workers representatives during defining the remuneration practice.  Attention that grievances lodged related to remuneration as well as the quality of benefits provided.  Different aspects of remuneration are adequately detailed in the payroll. Note: 1. If the auditor finds out that, the total remuneration provided to worker does not allow them to have a decent standard of living in the region, the auditor shall report the finding under “Areas of Improvement” in the Fair Remuneration Performance Area. 36
  37. 37. The above aspects requires the following:  Provide sufficient remuneration that allows workers to meet a decent standard of living –  Note: 2. The auditor acknowledge “Good Practice” in the findings report, when the facility provides him / her with this information & calculation of fair remuneration (e.g. The facility uses the BSCI Template 5: Fair Remuneration Quick Scan).  Provide workers with the social benefits that are legally granted –  Pay the social benefits in addition to the minimum wages & never as a way to allow workers to only attain the minimum.  Pay social benefits to all workers regardless if they are:  Seasonal workers.  Paid based on productivity.  Migrant workers or any other vulnerable group of workers.  Be aware of the social benefit content which usually includes:  Old age pension.  Survivor’s benefit.  Family benefits & parental leave.  Medical care.  Unemployment.  Sick leave. 37
  38. 38. The above aspects requires the following:  Provide workers with the social benefits that are legally granted –  Be aware of the social benefit content which usually includes:  Disability.  Work related injury compensation.  Vacations.  Have a commercial insurance to cover social benefits. Note: 1. Commercial Insurance: → If the country's legislation allows the use of commercial insurance to substitute (fully or partially) the public social scheme, the auditor shall evaluate the facility in a positive manner. → If the country's legislation does not allow such a substitution, but workers are granted equivalent coverage, the auditor indicates that the facility complies “Partially” & he / she specifies the circumstances accordingly. 2. If the facility is granted exceptions from social benefits he / she shall have available the original document to prove these exemptions. Exceptions from social benefits: → The facility may submit an approval from the local labor authority or any other authorization (e.g. from collective bargaining agreements with trade unions), permitting exceptions from social benefits which have been legally granted. 38
  39. 39. The above aspects requires the following:  Provide workers with the social benefits that are legally granted – Note: 2. Exceptions from social benefits: → Such exceptions shall be:  Issued in line with the corresponding procedure.  Issued by the legal body with authority to do so.  Valid for the current period of time.  Applicable for the facility.  Recruitment in charge is aware of the social benefit (legally granted) for workers & he / she can able to explain the benefits accordingly in the recruitment process.  Do guarantee regular information to workers on what are considered social benefits.  Consult with workers representatives when defining the social benefits.  Attention that grievances lodged related to the quality of social benefits provided.  Different aspects of social benefits are adequately detailed in the payroll.  The auditor shall acknowledge under “Good practices”, in the Findings Report, when the facility provides commercial insurance in addition to the minimum so. 39
  40. 40. The above aspects requires the following:  Deductions are only taken under the conditions & to the extent prescribed by the law –  The auditor shall verify if there are regulations with regard to which deductions are legal and how they can be applied (e.g. collective bargaining agreement or the national law).  He / she uses as a threshold the regulation which is more beneficial for workers.  Deductions do not result in:  Workers earning less than the legal minimum wage.  An economic benefit for the facility management.  A form of discrimination.  Facility approach to unproductive time is fair to the workers:  The workers’ spending time for required meetings, training sessions or under any workplace conditions cannot be deducted at the expenses of the worker but instead must be absorbed by the employer (e.g. a machine the worker uses is under repair & this negatively impacts her / his productivity).  If the facility’s production site is going to be closed down for repairs or reconstruction, the facility communicates the closing period to the workforce in advance.  This communication needs to be done with the support of the workers representative to ensure that all workers rights are respected.  Deductions cannot be used of objects, buildings or services which are directly necessary for work. That includes entry fees and / or charges for the use of: 40
  41. 41. The above aspects requires the following:  Deductions are only taken under the conditions & to the extent prescribed by the law –  Deductions includes entry fees and / or charges for the use of:  Tools & machines.  Sanitary facilities.  Drinking water.  Washing facilities.  Provisions of protective clothing for workers.  Deductions for services offered by the facility (e.g. transportation or food) are charged at local market rates or lower.  Use of the services offered by the facility must always be voluntary.  Deductions are not made without the explicit consent of the worker, who always needs to be first consulted to understand the reasons. Only than she / he could to give consent or not.  Deductions for disciplinary measures only occur under the conditions specified by law or due to specifications defined in a freely negotiated & established collective bargaining agreement.  Recruitment in charge is aware of the applicable deductions & he / she is able to explain the benefits accordingly in the recruitment process.  Do guarantee regular information to workers on how & under which conditions deductions apply.  Consult with workers representatives when defining criteria for deductions.  Attention that grievances lodged related to potentially unfair deductions. 41
  42. 42. Performance Area: 6 Decent Working Hours 42
  43. 43. Business partners observe this principle when they ensure that workers have decent working hour without prejudice to the specific expectations. However, the BSCI recognizes the exceptions specified by the ILO. Applicable national laws, industry benchmark standards or collective agreements are to be interpreted within the international framework set out by the ILO. In exceptional cases, the working hour limit may be exceeded, in which case overtime is permitted. The above aspects requires the following:  Does not require more than regular 48 working hours per week, without prejudice to the exceptions recognized by the ILO –  Regular working hours do not exceed:  48 in a week.  8 per day.  Apply, if there are following exceptions:  For supervisory or management positions.  When by law, custom or agreement the hours of work in 1 or more days of the week total less than 8 hours, in which case the remaining days of the week can be extended to 9 hours.  For workers employed in shifts, if the average number of working hours over a period of 3 weeks or less does not exceed these limits.  For members of the same family employed in the undertaking.  For workers subject to a special regime, defined by the local laws (e.g. security guards are often not subjected to regular legal requirements regarding working hours). 43
  44. 44. The above aspects requires the following:  Does not require more than regular 48 working hours per week, without prejudice to the exceptions recognized by the ILO –  Apply, if there are following exceptions: Note: 1. These exceptions give flexibility to the limit of daily hours as well as weekly hours. 2. Average working hours within 3 months or less cannot exceed 48 hours per week.  Recruitment in charge is aware of legal limits of working hours & the possible exceptions and he / she shall be able to explain workers the working hours in the recruitment process.  Exceptions are communicated & agreed upon prior to the recruitment.  Define the concept of shift & involve workers representative in this process.  Consult it with the in charge of occupational health & safety and risk assessment.  Attention that grievances lodged related to alleged company disregard for regular working hours.  Take customary & religious practices into account defining working hour & shifts.  Aware workers about regular working hour & exceptions and make it documented.  Overtime is in line with the BSCI Code of Conduct –  Overtime defined as any working hours exceeding the regular working limit.  It must be paid in a premium rate defined by the law.  If the national legislation has set a limit of regular working hours bellow 48 hours per week (e.g. 40 hours per week), working hours exceeding that limit are considered overtime. 44
  45. 45. The above aspects requires the following:  Overtime is in line with the BSCI Code of Conduct –  Most countries legislations define:  Temporary exceptions where regular working hours can be exceeded. E.g. – • Force majeure. • Threat of actual accident. • Urgent work to be done to machinery.  Overtime limits is not more than 3 hours per day.  Premium rate that applies to overtime is - • 25% more than a regular working hour. • 40% more if overtime occurs on Sunday.  Type of working processes, which, due to their nature, must be carried out in a continuous succession of shifts & for which the national law allows a permanent exception (e.g. national law allows these process to have 2 shifts of 12 hours instead of 3 shifts of 8 hours per day).  Be aware about the regulation that applies to its own industry.  Make a procedure for overtime, particularly with regard to temporary exceptions. This procedure:  Originates in an agreement between workers representatives & the facility management.  Sets the daily limits of work over the exceptional period.  Sets the premium rate paid by the facility. 45
  46. 46. The above aspects requires the following:  Overtime is in line with the BSCI Code of Conduct –  Make a procedure for overtime, particularly with regard to temporary exceptions. This procedure:  Respects any other criteria defined by law.  Consider the vulnerability of temporary workers, migrant workers & piece rate workers to excessive overtime.  The accumulation of fatigue related to shift systems.  The special protection for young workers, pregnant women & night shift workers.  Legal permanent exception:  If the facility belongs to a type of industry covered by a legal permanent exception, updated documentary proof of the agreement shall be kept as a backup of this claim. This agreement must have force of law & define - • Type(s) of exceptions. • Categories of workers affected. • The maximum allowance of additional working hours in each case. • The premium rate for overtime which will not be less than 25% more than the regular rate.  Overtime is voluntarily agreed, unless in case of temporary exceptions (e.g. force majeure) which need to be described in the contract.  Take necessary measures to ensure that overtime decreases the risk to workers health & safety and consult it with in charge of occupational health & safety and risk assessment. 46
  47. 47. The above aspects requires the following:  Grant workers the right to resting breaks in every working day –  The workers are granted:  Short breaks : Workers are allowed to take short breaks during working hours, especially when the work is dangerous or monotonous, to enable workers to recover their vigilance.  Meal break : Workers are allowed to take necessary time for meal breaks according to the law.  Night rest : Workers working during the day must have at least 8 hours to sleep / rest within a 24 hours period.  Adequate areas: Workers are have access to areas where resting breaks can be effective. E.g. – • Access to ventilated areas. • Accessible toilets. • Possibility for changing the physical working position (either sitting down or standing up).  Identify the jobs that could require more resting breaks because of danger or monotony.  Consider customs or religious practices for defining resting breaks.  Make effective resting areas.  Inform workers about their resting break during the day.  Attention that grievances lodged concerning potential disrespect for resting breaks.  Attention that more contingencies after long periods of work without resting. 47
  48. 48. The above aspects requires the following:  Grant workers the right to at least 1 day off in every 7 days –  Respect relevant regulations for days off in the country or origin based on national law or custom.  Grants a full calendar day off in every 7 days, unless a freely negotiated collective bargaining agreement or national law defines otherwise.  Have a copy of this collective bargaining agreement (if applicable) accessible for workers & during the audit.  Consider customs or religious practices for during fixing the day off.  Inform workers about their time for resting breaks during the day.  Attention that grievances lodged concerning potential disrespect for resting breaks. 48
  49. 49. Performance Area: 7 Occupational Health & Safety 49
  50. 50. Business partners observe this principal when they respect the right to healthy working & living conditions of workers & local communities without prejudice to the specific expectations set out hereunder. Vulnerable individuals, such as – but not limited to – young workers, new & expecting mothers and persons with disabilities, shall receive special protection. Business partners shall comply with occupational health & safety regulations or with international standards where domestic legislation is week or poorly enforced. The above aspects requires the following:  Observe occupational health & safety regulations applicable for its activities –  Work in line with the regulations on occupational health & safety relevant for its activities.  If the country does not prescribe occupational health and safety regulations for its sector, the facility management seeks alternatives to ensure workers right to healthy working and living conditions. This includes:  Following international standards & specification.  Involving workers and their representatives in the drafting and enforcement of the internal procedure on occupational health & safety.  Informed workers on the specific health risks & the necessary protocols they need to follow to overcome.  Involve workers & their representatives in the definition of occupational health & safety procedures.  Attention that the grievances lodged concerning potentially unhealthy or insecure working conditions. 50
  51. 51. The above aspects requires the following:  Observe occupational health & safety regulations applicable for its activities –  Work in line with the regulations on occupational health & safety relevant for its activities.  If the country does not prescribe occupational health and safety regulations for its sector, the facility management seeks alternatives to ensure workers right to healthy working and living conditions. This includes:  Following international standards & specification.  Involving workers and their representatives in the drafting and enforcement of the internal procedure on occupational health & safety.  Informed workers on the specific health risks & the necessary protocols they need to follow to overcome.  Involve workers & their representatives in the definition of occupational health & safety procedures.  Attention that the grievances lodged concerning potentially unhealthy or insecure working conditions.  Attention about any contingencies related to a lack of observance towards the OHS regulations.  Improve the occupational health & safety procedure using the information from the accident records.  Improve workers protection in case of accident, including through compulsory insurance schemes -  Involve workers & their representatives to identify better ways to protect workers from accidents.  Provide regular training by a competent person to workers & management on how to avoid accidents & minimize their impacts. 51
  52. 52. The above aspects requires the following:  Improve workers protection in case of accident, including through compulsory insurance schemes -  Analyses regularly the accident records to gather lessons learned & adjust the protocols accordingly.  Inform workers on the threat of or actual accidents as well as the protocols they need to follow to overcome.  Attention the grievances lodged concerning potentially unhealthy or insecure working conditions. Risk Assessment  Carry out regularly risk assessments for safe, healthy & hygienic working conditions –  Conduct OHS risk assessments on a regular basis to recognize potential deficiencies.  Determine to what extent these deficiencies could result in substantial danger for workers (severity versus likelihood) & what kinds of preventive or remedial measures are necessary.  Use the risk assessments to develop & maintain an action plan which contains all the necessary measures to promote and maintain safe, healthy & hygienic working conditions.  Cover all production activities, workplaces, machinery, equipment, chemicals, tools and processes to ensure the safety and health of all workers in appropriate way in the risk assessment .  Use relevant standards as a reference (e.g. national law or international standards) during risk assessment.  Make list of the most vulnerable workers, such as pregnant women & new mothers, young workers, migrant workers & take consider their special needs. 52
  53. 53. The above aspects requires the following: Risk Assessment  Carry out regularly risk assessments for safe, healthy & hygienic working conditions –  Take consider the transmittable & non-transmittable diseases in the work environment during risk assessment and ensure regular monitoring & testing as well as consultation with workers & their representatives.  Allocate adequate human & financial resources to ensure that the identified risk(s) are mitigated.  Active cooperation between management & workers (and / or their representatives) required when developing & implementing systems towards ensuring OHS –  Understand →  Urgent demands from workers that need to be solved in the short-term.  Necessary medium & long term improvements to eventually implement.  Consult with workers & their representatives during the risk assessment, the development & implementation of the OHS systems.  Set up an occupational health & safety committee (or alternative structure) of democratically elected workers representatives.  The OHS committee is regularly active & meeting minutes record their decisions.  Workers, members of the OHS committee or equivalent structure, is receive the adequate training.  Have a system in place that the OHS committee (or alternative structure) meet & their recommendations communicated to the decision-maker(s). 53
  54. 54. The above aspects requires the following: Risk Assessment  Active cooperation between management & workers (and / or their representatives) required when developing & implementing systems towards ensuring OHS –  Have a system in place that the OHS committee recommendations get taken into consideration & mentioned the management reasons to disregard them. Training  Provide regularly OHS trainings to ensure workers understand the rules of work, personal protection and measures for preventing & reacting to injury to themselves & fellow workers –  Meeting legal expectations:  Workers training on OHS needs to meet expectations required by national law.  Basic training usually focuses on – • Personal protective equipment (PPE) use & maintain it properly. → Pay particular attention to vulnerable workers and includes: cleaning. • Basic hazards. • Site specific hazards. • Safe work practices. • Emergency procedures for fire and evacuation. • Natural disasters, as appropriate. 54
  55. 55. The above aspects requires the following: Training  Provide regularly OHS trainings to ensure workers understand the rules of work, personal protection and measures for preventing & reacting to injury to themselves & fellow workers –  Meeting legal expectations:  Workers training on OHS needs to meet expectations required by national law.  Basic training usually focuses on – • Training pays particular attention to vulnerable workers & includes cleaning, replacing when damaged & appropriate storage of the PPE. • Training on how workers need to react in case of injury to themselves and /or fellow workers. • People working with electrical installations & equipment understand their tasks & safety procedures.  Appropriate training:  The content of the training provides appropriate information as well as comprehensible instructions on safety & healthy work environments for workers.  Appropriate frequency:  The training frequency shall take staff turnover into account.  Supervision:  Workers have the information on the hazards & risks associated with their work & are supervised when necessary. 55
  56. 56. The above aspects requires the following: Training  Provide regularly OHS trainings to ensure workers understand the rules of work, personal protection and measures for preventing & reacting to injury to themselves & fellow workers –  Adequate guidelines:  Management, supervisors, workers & occasional visitors to areas of risks shall receive training.  Workers guidance & supervision takes into account workers levels of education & languages applied to the workplace.  Evacuation and firefighting drills:  These drills are documented with clear indication of -  Those workers, operate machinery & power generators are properly qualified to uphold safety regulations & operating procedures. Qualifications can be achieved by means of training and / or experience.  Workers who handle and / or administer hazardous substances (chemicals, disinfectants, crop protection products, biocides) are receive specific training. 56 • The purpose. • The number of workers who participated. • Results. • Photos. • Dates. • Duration: The time for evacuating the building should be recorded & never exceed 9 minutes.
  57. 57. The above aspects requires the following: Personal Protective Equipment (PPE)  Enforces the use of PPE to provide protection to workers alongside other controls and safety systems –  Effective : 1. Offer effective protection to the worker & occasional visitors. 2. Particular attention is focus on specific potentially harmful processes (e.g. sand blasting for jeans, fumigation in agriculture, etc.).  Comfortable : Do not cause unnecessary inconvenience to the individual.  Free of charge : Do not charge workers any cost for using the PPE.  Suitable : Suits the activities undertaken (high - quality & no matter what & regardless of costs).  Workers, management & particularly supervisors are receive proper training on PPE use & its maintenance.  PPE shall be based on the information gathered through the OHS risk assessment.  Make management & supervisors to be aware of the protocol to ensure workers use PPE.  Have a procedure in place to control the quantity of PPE, so that it always matches the number of workers, including during peak time.  Attention that grievances lodged with regard to the potential neglect of enforcing the use of effective PPE. 57
  58. 58. The above aspects requires the following: Chemicals  Implements engineering & administrative control measures to avoid or minimize the release of hazardous substances into the work environment, keeping the level of exposure below internationally established or recognized limits –  Risk-assessment:  Identify the engineering & administrative control measures that may be needed to avoid or minimize the release of hazardous substances into the work environment.  Administrative control measures:  Implement administrative control measures such as – • Authorization : Only authorized workers have access to chemical substances. • Protection : Workers receive adequate protection for handling & administering chemicals. • Record keeping : Distribution, use & disposal of chemicals is properly recorded. • Following instructions : The use of chemicals corresponds to the recommendations of the manufacturer. • Labelled : The labelling of chemicals & marking of hazards are clearly understood by the workers & are done in accordance with nationally & internationally recognized requirements. 58
  59. 59. The above aspects requires the following: Chemicals  Implements engineering & administrative control measures to avoid or minimize the release of hazardous substances into the work environment, keeping the level of exposure below internationally established or recognized limits –  Administrative control measures:  Implement administrative control measures such as – • Labelled : E.g. - →The International Chemical Safety Cards (ICSC) → The Materials Safety Data Sheets (MSDS) Note: More information on the management of chemicals can be found at the following link: http://www.inchem.org/pages/icsc.html  Engineering control measures:  Implement engineering control measures for – • Expulsing fumes, steam & dust outside (e.g. spot cleaning places). • Properly disposing chemicals, even in the absence of national legal regulations.  Provide workers, management & particularly supervisors proper training on how to use both administrative & engineering measures. 59
  60. 60. The above aspects requires the following: Chemicals  Implements engineering & administrative control measures to avoid or minimize the release of hazardous substances into the work environment, keeping the level of exposure below internationally established or recognized limits –  The implementation of control measures is based on the information gathered from the OHS risk- assessment.  Have a procedure in place to implement the control measures including to manage the quantity & effectiveness of the controls and control monitoring.  Have a procedure in place that to report alerts & repair any problem detected in the control measures. Accident & Emergency Procedures  Have developed & implemented accident & emergency procedures –  Understand the importance of having documented emergency procedures which are also properly implemented.  Visually display the accident & emergency procedures in a way that is clear for workers & first aid personnel.  Have a procedure in place to:  Immediately stop any operation where imminent & serious danger threatens workers safety & health.  Enable workers to safely evacuate the premises when needed. 60
  61. 61. The above aspects requires the following: Accident & Emergency Procedures  Have developed & implemented accident & emergency procedures –  Have a procedure in place to:  Control & monitor the effectiveness of the procedures.  Ensure these procedures are properly explained to:  Seasonal & temporary workers.  Night workers.  Migrant workers.  Pregnant women.  Young workers & other vulnerable workers.  Trained up workers properly on how to act in case of accident or emergency as well as management & particularly supervisors on how to ensure workers follow the accident & emergency procedures.  Have specific instructions for workers depending on the type of work or department.  The accident & emergency procedures are based on the information gathered from the OHS risk- assessment and workers & their representatives are involve in developing the procedures.  Attention that grievances lodged with regard to possible neglect of accident and / or emergency procedures. 61
  62. 62. The above aspects requires the following: Accident & Emergency Procedures  Make visible potential hazards to the workers & visitors through signs & warnings –  Facility management is sensitive to the workers specific cultures & activities.  The types of signs & the places chosen for their display are appropriate.  The warnings are suited to point to potential hazards. E.g.:  Chemicals.  Electricity.  Hot surfaces.  Falling objects.  Slippery floors.  Machinery & vehicles.  Workers are understand the meaning of the signs & warnings.  The type of hazard identified in the OHS risk-assessment with the help of workers & their representatives.  Monitor & report regularly the effectiveness of the signs. 62
  63. 63. The above aspects requires the following: Accident & Emergency Procedures  Have & properly use the procedures & systems for reporting & recording occupational accidents & injuries –  Reporting:  Have a system in place that enable workers to report immediately to their supervisors any situation which may present a serious danger to people’s lives or health.  Accidents & near - misses should be reported.  Recording:  Keep records on all accident & injury records by specifying - • When the accident took place (e.g. date, peak season, picking season)? • Who was involved? • What were the actions taken? • What was the final result (death, injury, etc.)? • How the accidents (or work related diseases) were investigated? • What prevention & remediation actions were taken? • For how long the workers were incapacitated? 63
  64. 64. The above aspects requires the following: Accident & Emergency Procedures  Have & properly use the procedures & systems for reporting & recording occupational accidents & injuries –  Workers understand the protocol to report accidents & injuries to their supervisors. They also able to evaluate the seriousness of potential dangers in the workplace.  Trained up workers on how to prevent & respond to the most frequent accidents or injuries that happen in their area of work.  Learn lessons from the accident records to improve safety in daily operations as well as the revision of accident and injury protocols.  Indicate if the most accidents or injuries are experienced by vulnerable workers.  Have specific measures to assure the vulnerable workers receive particular kinds of protection.  Confirm that the equipment & buildings used for production are stable & safe –  Know & follow →  National legal requirements concerning stability, safety & appropriateness of its building to conduct the business activities.  The legal requirements concerning the safety of equipment including, if relevant, ongoing official inspections. 64
  65. 65. The above aspects requires the following: Accident & Emergency Procedures  Confirm that the equipment & buildings used for production are stable & safe –  Have the procedures in place to confirm the stability & safety of the equipment.  Maintain accurate documentation on any official & private inspection concerning building & equipment safety and stability.  Possess a valid license to conduct its activities in the related building(s).  Conduct its activities in adequate surroundings & building.  Attention that grievances lodged concerning a potentially unstable or unsafe building or piece of equipment provided by the facility.  Make workers able to asses a potential danger associated with the building and / or the equipment.  There cases documented in the accident records which result from an unsafe part of the building or piece of equipment.  Respect the workers right to remove themselves from imminent danger without seeking permission –  Have this right properly documented in the OHS procedure.  Workers are well - informed of this right as part of the training on OHS and it does apply to the workplace & residential facilities. 65
  66. 66. The above aspects requires the following: Accident & Emergency Procedures  Respect the workers right to remove themselves from imminent danger without seeking permission –  Take additional measures to ensure vulnerable & migrant workers understand this right..  The right applies to the workplace & residential facilities are provided by the facility management.  Attention that grievances lodged concerning potential disregard of this right.  The cases are documented in the accident records where workers were unable to exit the premises despite evident danger. Electricity  Make sure a competent person periodically checks the electrical installations & equipment –  Have a person as in charge of maintaining safe electrical installations is competent by means of training, qualification and / or experience.  Designated person checks the electrical installations & equipment:  Within the pre-defined timeframe.  Randomly (e.g. in addition to regularly established checks / maintenance).  As per request. 66
  67. 67. The above aspects requires the following: Electricity  Make sure a competent person periodically checks the electrical installations & equipment –  The checks are properly recorded and, if possible, posted close to the verified installation or equipment with clear messages about current status.  The record includes at least:  Name of the person in charge.  Date of the last check.  Description of the finding (if any).  Due date for the next check.  Only properly insulated tools in good working condition are used when dealing with electrical installations & equipment.  People working with installations & equipment have adequate working space & lighting to conduct their work safely. This can be:  In accordance with the official regulations.  Based on common good practice, if those regulations do not exist. environment. 67
  68. 68. The above aspects requires the following: Electricity  Make sure a competent person periodically checks the electrical installations & equipment –  Electrical installations & equipment are functioning in a way that ensures a safe work environment.  Results from the checks are take into consideration to improve safety in the workplace.  Workplace is keep free from distribution lines & electrical cords are not pose a tripping hazard.  Workers are properly instructed to avoid possible risk of strangulation or any other electrical installation related accident. Fire Protection  Install an adequate amount of properly working firefighting equipment –  The installation of firefighting equipment is in line with the OHS action plan developed as a result of the periodic risk assessment.  Follows national law specifications with regard to requirements for firefighting equipment. This usually includes:  Position & placement.  Size & effectiveness.  Maintenance & inspection requirements. 68
  69. 69. The above aspects requires the following: Fire Protection  Install an adequate amount of properly working firefighting equipment –  Have functioning & sufficient fire extinguishers for workplace dimensions & activities.  The firefighting equipment is:  Distributed in an equal manner throughout the workplace.  Placed at a height for it to be effective & easily accessible by workers.  Properly identified (inventoried) with clear reference to the last serviced date & due date for the next inspection.  The location of the fire extinguishers & the route to reach them are visually marked.  Functioning in a way that ensures a safe work environment.  Early warning systems is installed & functioning in an adequate manner as required by the law:  Smoke sensors.  Fire alarms.  Alarm devices.  At least a relevant number of workers know how to use a fire extinguisher. 69
  70. 70. The above aspects requires the following: Fire Protection  Install an adequate amount of properly working firefighting equipment –  Workers know the protocol to be followed in case of fire & understand the warning signals.  If facility use other types of alarms in the workplace (e.g. end of shifts), they are clearly distinct from the fire alarm.  Make document all fire incident cases in the accident record book according to the protocol & analysis those cases for learning & preventive action..  The workers are trained on the use of fire fighting equipment.  Workers who deal with chemicals & other inflammable substances are adequately trained. Escape Routes & Emergency Exits  Ensure that escape routes, aisles & emergency exits in the production site are not blocked, easily accessible & clearly marked –  Escape routes, aisles & emergency exits fully & simultaneously are:  Not blocked.  Easily accessible.  Clearly marked. 70
  71. 71. The above aspects requires the following: Escape Routes & Emergency Exits  Ensure that escape routes, aisles & emergency exits in the production site are not blocked, easily accessible & clearly marked –  Workers & visitors can easily leave the premises in case of an incident without putting their lives at risk.  Approaches safe evacuation in a systemic & preventive manner, which includes:  Escape routes, aisles & emergency exits are: • Not blocked or locked during working time. • Marked without ambiguity & defined in a way that ensure a safe work environment. • Emergency lights & any other evacuation signals are properly installed, well - functioning & verified on a regular basis. • Production rooms with more than 10 workers have doors which open outwards unless the national law sets different specifications in which case the rule that provides higher protection to workers applies. • The number of emergency exits directly relates to - > The number of workers. > The size & occupancy (e.g. with regard to population density) of the building. > The arrangement of the workplace. 71
  72. 72. The above aspects requires the following: Escape Routes & Emergency Exits  Ensure that escape routes, aisles & emergency exits in the production site are not blocked, easily accessible & clearly marked –  Workers are properly instructed on how to use escape routes, aisles & emergency exit. They understand the ways in which are visually marked & know the easiest way to exit the workplace.  Attention about any internal regulations that conflict with the requirement of unblocked exits (e.g. for security reasons).  If any accident occurred for the problems with the exits, take lessons from it to be learned & put into practice.  Ensure evacuation plans meet legal requirements & that plans are posted in relevant places so workers can see & understand them –  The evacuation plans defined in a way to ensure a safe work environment & are easy to understand to evacuate both the production area & eventually the building, when necessary.  Evacuation plans in the workplace must be displayed & at least identify the:  Current position on the premises of the person who is reading the plan.  Placement of the closest escape routes including emergency exits.  Placements of fire extinguishers & any other firefighting equipment. 72
  73. 73. The above aspects requires the following: Escape Routes & Emergency Exits  Ensure evacuation plans meet legal requirements & that plans are posted in relevant places so workers can see & understand them –  Keep in mind the cultural diversity, languages & education level of the workforce to design an effective way to communicate the evacuation plan.  Workers understand the evacuation plan & know how to use it from their standpoints:  Workers are properly instructed on how to read them & know the easiest way to exit the workplace.  Verify that the evacuation plans have been effective or not based on the cases, documented in the accident records.  Workers who deal with chemicals & other inflammable substances are well informed on evacuation plan & how to use it from their standpoints. Machine & Vehicle Safety  Ensure adequate safeguards for any machine part, function or process which may cause injury to workers –  All applicable safeguards for equipment are available & properly installed, e.g.:  Belt encasements.  Grills for fans.  The emergency switch – off. 73
  74. 74. The above aspects requires the following: Machine & Vehicle Safety  Ensure adequate safeguards for any machine part, function or process which may cause injury to workers –  Ensure valid inspection & insurance for machinery & vehicles as required by law. This may be the case for:  Elevators, lifts, etc.  Trucks, tractors & other potentially dangerous machines.  Ensure maintenance is carried out by competent personnel.  Keep records of the maintenance which includes:  Purpose & result of the maintenance.  Name of the competent person in charge.  Applicable insurance & its validity.  Next scheduled maintenance work.  Workers are properly instructed on how to handle potential hazards related to machines & vehicles.  Make document the cases in the accident records which resulted from machines & vehicles, take lessons from it for learning as well as integrate into the OHS procedure.  Workers who use machines & vehicles have the adequate qualifications to use them in a safe manner.74
  75. 75. The above aspects requires the following: First Aid  Ensure qualified first aid is available at all times –  Respect national regulations concerning medical provisions.  If there are no such legal regulations, ensure:  Adequate first aid stations or rooms.  Adequate first aid kits.  Access to potable water, eye wash stations and / or emergency showers close to workstations when immediate flushing with water is the recommended first aid response.  A fully qualified person appointed to provide first aid. Qualified staff shall be present in relevant numbers to address associated risks throughout the workplace.  A fully qualified person to verify the contents of the kit (who can also refill it).  Training on first aid & related procedures to ensure emergency treatment is available at all times.  Where immediate flushing with water is the recommended first aid response, ensure that workstations are either equipped or very near to:  Potable water.  Eye wash stations. 75
  76. 76. The above aspects requires the following: First Aid  Ensure qualified first aid is available at all times –  Where immediate flushing with water is the recommended first aid response, ensure that workstations are either equipped or very near to:  Emergency showers.  First aid responsible are available in the floor & workers recognize them.  Workers are trained on first aid. Specially, those worker using machines, vehicles or handling chemicals or conducting any other risky activity as well as the vulnerable workers are made well aware of the first aid protocol.  The cases that required first aid has to shown by the accident records.  Take lessons from it for learning & integrate those lessons in the OHS procedure.  Have emergency procedures, in writing to deal with cases of trauma or serious illness –  The emergency procedure is in writing:  It can be a separate document.  Part of the action plan developed after the OHS risk assessment.  Workers are well aware of how the procedures work in case of trauma or serious illness. 76
  77. 77. The above aspects requires the following: First Aid  Have emergency procedures, in writing to deal with cases of trauma or serious illness –  Workers understand when a co-worker will be transferred to an appropriate medical facility.  Workers know the necessary steps to ensure timely transfer to the medical facility.  Keep document the cases of trauma or serious illness in the accident records.  Take lessons from it for learning & integrate those lessons in the OHS procedure.  Attention that grievances lodged concerning the neglect of victims of trauma or serious illness.  Workers, working in the night shift are aware of these procedures.  Display visually the information on medical facilities & workers know where to get this information. Work place & Social facilities including housing provided by the facility management  Provide workers with potable water at all times –  Provide potable water to the workplace facilities where workers prepare or eat food as well as to the housing provided.  Special attention shall be given to this right in countries where the risk of dehydration may be higher due to hot / dry weather.  Workers have access to clean potable water at all times, not only during breaks. 77
  78. 78. The above aspects requires the following: Work place & Social facilities including housing provided by the facility management  Provide workers with potable water at all times –  Access to water is not used as means for discrimination or as a disciplinary measure.  Workers have access to clean potable water without risk of contagion.  Respect the characteristics & tests required for potable water as defined by national regulations.  Ensure that there are proper signs to identify water which is not potable in places where it is not mandatory that water be potable.  Make workers aware of their right to potable water at all times.  Pay particular attention to the risk of dehydration.  Give extra efforts to ensure vulnerable workers have access to water.  Do guarantee for water supply.  Designate a person as responsible to ensure that water is always available.  Workers have access to water storage.  Provide workers with access to an appropriate & clean area for storing food, eating and / or cooking –  Workers are provided with access to clean areas for food storage, cooking and / or eating, including in remote areas (e.g. during harvest). 78
  79. 79. The above aspects requires the following: Work place & Social facilities including housing provided by the facility management  Provide workers with access to an appropriate & clean area for storing food, eating and / or cooking –  Follow national regulatory criteria, which usually relate to number of workers.  Ensure that clean & appropriate areas are also provided during peak season or any other occasion where the number of workers may increase with the use of seasonal or subcontracted workers.  Workers are satisfied with the areas provided by the facility.  Food are stored as the way to ensure it keeps its nutrients.  Records are available on the cleaning shifts for these areas.  Display the menu & records kept.  If there are no legal minimum criteria, facility shall conduct assessments to define them in consultation with workers & their representatives.  Provide workers with clean washing facilities, changing rooms & toilets that are also respectful of local customs –  Follow national regulations concerning the minimum number of washing facilities & toilets for the size of the company.  If there is no national regulations, facility shall determine its criteria based on the OHS risk assessment & related action plan. 79
  80. 80. The above aspects requires the following: Work place & Social facilities including housing provided by the facility management  Provide workers with clean washing facilities, changing rooms & toilets that are also respectful of local customs –  Able to explain, during audit, the reasons for having the amount of facilities it has & the plans to adapt the number, if needed.  The toilets shall be sanitary. This implies:  Hygienic conditions.  Soap supply.  Working locks.  Separate wash room facilities for women & men, as per requirement.  Provide hygienic changing rooms when necessary for workers who change their clothes to perform their functions. This is particularly relevant for workers who handle hazardous substances or have to wear a uniform.  Meet workers needs even when the number of workers increases (e.g. peak session).  Attention that grievances lodged for a potential lax and / or unsanitary approach in how these facilities are provided. 80
  81. 81. The above aspects requires the following: Work place & Social facilities including housing provided by the facility management  Have provision of transportation to workers is safe & complies with national regulations –  The transportation provided to workers (either directly or using third parties) is safe & complies with national regulations.  Able to provide information on how workers get to the premises (e.g. using public transportation, a bicycle, etc.).  Ensure that vehicles unsuitable for human transportation are not used to commute workers (e.g. the use of agricultural vehicles for human transportation represents an additional risk for accidents).  Aware of the way that workers commute to work & workers are consulted on the most effective means of transport.  Provide transportation cost as a transparent manner.  Have the qualified person as in charge of driving workers.  Chose the location of the social facilities or workers housing to ensure occupants are not exposed to natural hazards or affected by the operational impacts of the worksite (for example noise, emissions or dust –  The decision on where to set up social facilities (e.g. canteens) or housing is part of the OHS risk assessment & related action plan. 81
  82. 82. The above aspects requires the following: Work place & Social facilities including housing provided by the facility management  Chose the location of the social facilities or workers housing to ensure occupants are not exposed to natural hazards or affected by the operational impacts of the worksite (for example noise, emissions or dust –  Able to explain how & why the locations were chosen, so workers (and / or their families, if applicable) are not exposed to natural hazards or health & safety risks.  In cases where, due to the nature of the work, workers are required to live temporarily or permanently in the undertaking, the facility provides adequate welfare facilities & accommodation at no cost to the worker (e.g. agriculture and / or animal production).  Workers are satisfied with the housing conditions.  Grant sufficient space per individual.  The social housing provide safe places for workers to keep their personal belongings.  Have an designated person as in charge of keeping the housing clean & maintain the schedule and keep record.  Verify that temperature, humidity, space, sanitation, illumination are adequate for the health & safety of workers –  The rooms or sleeping quarters is not be overcrowded, workers shall have space to store personal items while laundry & waste disposal need to be properly organized. 82
  83. 83. The above aspects requires the following: Work place & Social facilities including housing provided by the facility management  Verify that temperature, humidity, space, sanitation, illumination are adequate for the health & safety of workers –  Space & illumination are provided in an adequate way for workers’ specific activities.  As part of the OHS risk assessment & related action plan, include the assessment on:  Temperature.  Humidity.  Space.  Sanitation.  Illumination.  Consult with workers & their representatives as well as the person in charge of OHS.  The schedule for garbage (and recycling) pickup shall be displayed for workers who live in the housing.  Workers are satisfied with the temperature, humidity, space, sanitation, illumination conditions, etc.  Attention that grievances lodged concerning the quality of any of these aspects.  Display the scheduled garbage pickup.  Laundry service or rooms are organized.  Keep document in the accident records the cases showing neglect for any of these conditions.  Take lessons from it for learning & integrate it in the OHS procedure. 83
  84. 84. Performance Area: 8 No Child Labor 84
  85. 85. Business partners observe this principle when they do not employ directly or indirectly, children bellow the minimum age of completion of compulsory schooling as defined by law, which shall nor be lass than 15 years, unless the exceptions recognized by the ILO apply. The above aspects requires the following:  Do not engage in illegal child labor directly or indirectly –  Children who are working, who are younger than 15 years old (or younger than 14 years old in those countries that have set that age as the threshold), is regarded as child labor, unless it is “light work”. Child labor occurs when work:  Is done by a person who is younger than 15 years old (or someone who is younger than 14 years old in countries that set that age as the threshold).  Is mentally, physically, socially and / or morally dangerous.  Is harmful to children.  Interferes with their schooling because it – • Deprives them of the opportunity to attend school. • Obliges them to leave school prematurely. • Requires them to attempt to combine school attendance with excessively long and heavy work.  It is not light work. 85
  86. 86. The above aspects requires the following:  Do not engage in illegal child labor directly or indirectly –  Light work refers to the participation of children or adolescents in work activities such as:  Helping their parents around the home.  Assisting in a family business.  Earning pocket money outside school hours and / or during school holidays.  Light work is acceptable as long as:  The child is at least 13 years old (or at least 12 years old in countries that have set a minimum age of 14 ).  It does not prejudice their attendance to school or time dedicated to homework (e.g. maximum two hours in any working day).  It does not take place on a continuous basis (e.g. school holidays).  It is supervised by either parents or any other guardian who can ensure the tasks provided to children are not harmful for their health or interfering with their schooling.  A higher minimum age of 18 years is set for hazardous work which, by its nature or the circumstances under which it is carried out, is likely to jeopardies peoples health, safety and / or morals.  The facility has to take the necessary measures to:  Understand what child labor is, particularly by building the awareness of supervisors & recruitment staff. 86
  87. 87. The above aspects requires the following:  Do not engage in illegal child labor directly or indirectly –  The facility has to take the necessary measures to:  Identify the likelihood of child labor in its industry or region (e.g. some industries such as agriculture, hunting, forestry, fishing, mining and quarrying have a higher risk of child labor than others).  Not engage child labor indirectly (e.g. using recruitment agencies, or allowing migrant or seasonal workers to use their own children to support them at work).  The facility keeps accurate records of:  Migrant and / or seasonal workers children’s name, age, school schedules & information on their schools.  Age & identity cards of workers engaged via recruitment agencies.  Agencies recruitment procedures, to avoid engagement of children or illegal workers (among others).  If child labor is found during the audit, immediate actions is taken by the auditor at that very moment:  Identification of the child and his / her family.  Determine if the case refers to accidental child labor (e.g. the company was led to believe the child was older) or if there is a case of the “Worst form of child labor & exploitation”, which deserves different remediation.  Get in touch with the family / guardian & relevant stakeholders to ensure the child is removed in a responsible way. 87
  88. 88. The above aspects requires the following:  Do not engage in illegal child labor directly or indirectly –  If the facility has mapped its relevant stakeholders & developed its child labor procedure, the case of child labor allows the auditor to witness the effectiveness of the procedure.  If child labor is identified during the audit, the auditor shall priorities the follow up on the steps mentioned above, which are to be taken by the facility.  The auditor takes the necessary time to interview the child and, through that interview, gathers as much information as possible on:  How the child entered the job?  For how long has he or she been employed?  How has he or she been treated?  What has been the payment, working time & under what working conditions?  Has he or she been provided food and housing?  Are there other children onsite?  What is the child’s background?  In order to reach the best outcome of this interview, the auditor shall be well equipped with specific interview techniques to make the child feel comfortable & safe. Note: 1. The issue needs to be notified immediately via the BSCI Platform (See BSCI System Manual Part V - Annex 5: BSCI Zero Tolerance Protocol). 88
  89. 89. The above aspects requires the following:  Do not engage in illegal child labor directly or indirectly – Note: 1. The issue needs to be notified immediately via the BSCI Platform (See BSCI System Manual Part V - Annex 5: BSCI Zero Tolerance Protocol). 2. The effectiveness of the child labor procedure shall be reported under the Child Labor Performance Area either as an area for improvement or as a good practice. 3. It is not the child who is in breach of the law, but the employer. The child should not get the impression that something bad will happen to him / her. 4. Auditors must be genuinely willing to listen to what the child is saying, but they should also know when to stop the interview if the child’s memories & experiences are too intense or painful.  Questions in the recruitment procedure shall be respectful to individuals.  Take into consideration gender issues.  Facility particularly vigilant if it is based in a region with a high level of migration & seasonal workers.  Have established robust age verification mechanisms as part of the recruitment process, which may not be in any way degrading or disrespectful to the worker –  The recruitment procedures integrate the necessary measures to avoid or minimize the risk to hire minors. The risk is higher for:  Certain sectors (e.g. mining, agriculture).  For jobs that require low or no qualifications. 89
  90. 90. The above aspects requires the following:  Have established robust age verification mechanisms as part of the recruitment process, which may not be in any way degrading or disrespectful to the worker –  The recruitment procedures integrate the necessary measures to avoid or minimize the risk to hire minors. The risk is higher for:  For work conducted in remote areas where: • Labor inspectors are less likely to reach. • Individuals have limited access to official identity cards.  The age verification mechanism includes:  Training for the person, in charge of hiring workers & dealing with high risk situations.  Training for the person, in charge of recruitment to “Cross verify” interview techniques to find out the age of job candidates in interviews.  Regular cross verification of workers age with other stakeholders (e.g. recruitment agencies, previous employers).  This mechanism is documented, including the type of questions used by the recruiter to cross verify the age claimed by the worker.  This mechanism is triggered only in cases where the person in charge of recruitment may have doubts about the age claim.  Take into consideration gender issues.  Medical check ups used to support the verification of age. 90
  91. 91. The above aspects requires the following:  Have established robust age verification mechanisms as part of the recruitment process, which may not be in any way degrading or disrespectful to the worker –  The questions in the recruitment procedure is respectful to individuals.  Workers usually have identification cards.  Be particularly vigilant if it is based in a region with a high level of migration and seasonal workers.  Have adequate policies & procedures in writing toward protecting children from any kind of exploitation –  Have the policies & procedures aim at avoiding any exploitation of children, both directly or indirectly.  The procedure develops from a systematic analysis of the circumstances under which exploitation of children occur.  The procedure sets out:  The necessary steps to ensure children are protected from exploitation.  How to deal with the case of child labor in the most responsible & humane way.  If any hazardous working condition in the workplace that could be problematic even for adults, needs to take some measures & to be put in place to reduce or eliminate the hazard(s).  If the business based in a region / area where drug trafficking, prostitution or any other illegal activity is recurrent, additional measures is taken.  Keep information about the following cases:  If the business based in a region / area where family poverty could be the driving force behind child labor. 91
  92. 92. The above aspects requires the following:  Have adequate policies & procedures in writing toward protecting children from any kind of exploitation –  Keep information about the following cases:  Is there any child labor program or project run in the area by government, NGOs or others?  Is there any trade union which could provide support in cases of child labor?  Is there any educational or vocational training facility nearby or in the regional vicinity? Are there available contact details and/or schedules?  Can the education or social welfare authorities provide assistance?  Is there financial compensation available for children to stop working so they can go to school?  Have adequate & remedial policies & procedures to provide for further protection in case children are found to be working –  Possible alternatives:  Understand child labor risks (through its own recruitment or indirectly) & the possible alternative for an adequate removal & rehabilitation of the child into society (e.g. non formal or basic education to bring older children up to grade level so they can successfully intern or re enter regular schools).  Stepwise approach:  Be aware that in some cases the best approach may be to define a schedule for rectifying irregularities in order to progressively remove children from work. 92
  93. 93. The above aspects requires the following:  Have adequate & remedial policies & procedures to provide for further protection in case children are found to be working –  Stepwise approach:  This might be more appropriate than drastically & immediately removing the child without any supervision.  He or she may end up drifting back or disappearing into less visible & more exploitative, hazardous & illegal types of work.  Develop & maintain policies & procedures for remediation in case child labor occurs which includes:  Removal & rehabilitation of the children.  Has as ultimate goal that the child is better off as a result of being removed, rehabilitated or prevented from working.  Understand the relevance of stakeholders who could support in cases of dismissals of children who are found working.  Examples of such stakeholders are local chapters of organizations, like Save the Children, UNICEF & government agencies with mandates to protect children.  Attention that grievances lodged concerning any potentially irresponsible removal of a child. 93
  94. 94. Performance Area: 9 Special protection for Young Workers 94

×