ASSESSMENT RECORD Nº: F-2047320-2
FACILITY SCORE:65
ASSESSOR: Heylin Deyanira Largaespada
ASSESSMENT DATE: 22/03/2017
SUMMARY OF ASSESSMENT RESULTS
Provision I Standard I Standard Detail (Short): (COVC ID) Standard Sub-Detail / Severity Level / Open AFI Date / Area For Improvement Note / Factory Improvement Plan (FIP) Description / FIP Due Date / Progress Date / Progress / Resolution Note / Extension Date / ResolutionDate
III.F.02.01 / Labor|Humane Treatment and Disciplinary Practices|Verbal Abuse: (III.F.02.01) Factory engages in or permits screaming and verbal abuse when addressing productivity or disciplinary concerns with employees. / Critical / 07/07/2017 / Have any workers been bullied, harassed, or subjected to humiliating treatment? [differentiation questions] (Ref 163) / Interviewed workers revealed that they are subjected to verbal abuse from both Haitian and foreign supervisors when they fail to meet the production targets. Interviewed workers pointed specifically at two foreign production managers who use inappropriate words with the supervisors, who in turn, put pressure on the workers and use inappropriate language themselves. However, workers also stated, that only a small number of supervisors do so. / 30/10/2017
/ 07/07/2017 / Changed due date to 10/30/2017
III.G.21.03 / Labor|Wages, Benefits, and Terms of Employment|Withholding of benefits Must be Remitted to Proper Authority: (III.G.21.03) Legally required withholdings not forwarded to the appropriate government authority / Severe / 07/07/2017 / Does the employer pay the required employer contribution to ONA? (Ref 106)
Does the employer collect and forward workers' contributions to ONA? (Ref 107) / The last employer contribution was paid to ONA on March 2017 for the month of February 2017. However, the calculation of the ONA deductions are based on minimum wages for all workers instead of the base salary, which does not comply with legal requirements.
The employer collects and forwards workers' contributions to ONA. The last payment to ONA was made on March 2017 for the month of February 2017. However, ONA deductions do not meet legal requirements as the deducted amounts are based on minimum wages for all workers instead of the base salary. / 30/10/2017
/ 07/07/2017 / Changed due date to 10/30/2017
III.G.20.04 / Labor|Wages, Benefits, and Terms of Employment|Payment of Benefits: (III.G.20.04) Social Security/Medical Insurance Benefits: Not provided in accordance with local law / Severe / 07/07/2017 / Does the employer pay 3% of workers' basic salary to OFATMA for maternity and health insurance? (Ref 109)
Does the employer collect and forward workers contributions to OFATMA? (Ref 110) / The factory has not yet registered with OFATMA for maternity and health insurance.
The factory has not yet registered with OFATMA for maternity and health insurance. Therefore, they do not collect and forward any workers' contributions for this purpose. / 30/10/2017
/ 07/07/2017 / Changed due date to 10/30/2017
III.G.16.06 / Labor|Wages, Benefits, and Terms of Employment|Reasonable Emergency Leave Period: (III.G.16.06) Leaves/ holidays: Other / Key / 07/07/2017 / Does the employer pay workers correctly for legally mandated holidays? (Ref 100) / The payroll for the last 3 months indicated that payments for non-working holidays are based on the minimum wage instead of average earnings. / 30/10/2017
/ 07/07/2017 / Changed due date to 10/30/2017
III.H.06.03 / Labor|Working Hours|One Day off in 7: (III.H.06.03) Factory does not provide 1 day off in 7: other / Key / 07/07/2017 / Does the employer pay workers correctly for weekly rest days? (Ref. 101) / The payroll for the last 3 months indicated that payments for weekly rest days are based on the minimum wage instead of average earnings. / 30/10/2017
/ 07/07/2017 / Changed due date to 10/30/2017
II.G.02.01 / EnvironmentProtection|Chemicals Storage|Chemical Container Labeling: (II.G.02.01) Chemical containers are not labeled indicating the contents and potential hazard. / Non-Compliance / 07/07/2017 / Are the chemicals and hazardous substances properly labelled? (Ref 178) / 2 unlabeled containers with unidentified liquid, were found in the extension of the cutting section, located next to Building 52. / 30/10/2017
/ 07/07/2017 / Changed due date to 10/30/2017
II.G.03.01 / EnvironmentProtection|Chemicals Storage|MSDS: (II.G.03.01) Factory does not have MSDS for every chemical used. / Non-Compliance / 07/07/2017 / Does the employer have chemical safety data sheets for all the hazardous chemicals used in the workplace? (Ref 180) / No MSDS' were found for thinner and blow out in the spot cleaning areas of Buildings 52 and 53. However, emergency instructions sheets on how to act in case of an accident were available for both these chemicals. / 30/10/2017
/ 07/07/2017 / Changed due date to 10/30/2017
II.A.03.04 / EnvironmentProtection|Environmental Management System (EMS)|Environmental Laws: (II.A.03.04) Factory does not comply with other applicable environmental laws and regulations / Non-Compliance / 07/07/2017 / Has the employer taken action to assess, monitor, prevent and limit workers' exposure to chemicals and hazardous substances? (Ref 181) / The factory has not provided any evidence of actions taken to assess, prevent and limit workers' exposure to chemicals. Moreover, there are no functioning eye wash stations in the two spot cleaning areas of Buildings 52 and 53. / 30/10/2017
/ 07/07/2017 / Changed due date to 10/30/2017
II.H.03.02 / EnvironmentProtection|Chemical Handling Procedures|Eye Wash Station: (II.H.03.02) Wash area(s) (for bathing eyes and washing skin) provided in factory are not assessible/ functional / Non-Compliance / 07/07/2017 / Does the employer provide adequate washing facilities and cleansing materials in the event of exposure to hazardous chemicals? (Ref 183) / Eye wash station is missing in the spot cleaning area of Building 52 and the one present in the Building 53 was not working during the time of the assessment. / 30/10/2017
/ 07/07/2017 / Changed due date to 10/30/2017
IV.A.15.01 / WorkingConditions|Occupational Health and Safety|Personal Protective Equipment (PPE): (IV.A.15.01) Facility is not providing appropriate PPE to workers / Non-Compliance / 07/07/2017 / Does the employer provide workers with all necessary personal protective clothing and equipment? (Ref 185) / No protective equipment were provided to workers in the boiler room where there is a high level of noise. / 30/10/2017
/ 07/07/2017 / Changed due date to 10/30/2017
IV.A.10.01 / WorkingConditions|Occupational Health and Safety|Seating and Ergonomic Mats: (IV.A.10.01) Proper ergonomic mats are provided to limit fatigue in cases where workers are standing for an extended period of time. / Non-Compliance / 07/07/2017 / Does the employer comply with ergonomic requirements? (Ref 187) / Shock absorbing mats were not provided for several standing workers in the packing and inspection sections. / 30/10/2017
/ 07/07/2017 / Changed due date to 10/30/2017
IV.A.17.15 / WorkingConditions|Occupational Health and Safety|First Aid and Medical: (IV.A.17.15) Facility does not keep medical records of workers as required by law / Non-Compliance / 07/07/2017 / Do workers have a medical check within the first three months of hiring? (Ref 200)
Do workers who have been exposed to work-related hazards receive free health checks? (Ref 201)
Do workers have annual medical checks? (Ref 202) / Management explained that no systematic medical checks were arranged for newly hired workers within the first three months of employment. This was also confirmed by workers during interviews.
Management explained that no systematic medical checks were arranged for workers who have been exposed to work-related hazards. This was also confirmed by workers during interviews.
Management explained that no systematic annual medical checks were not provided to workers. This was also confirmed by workers during interviews. / 30/10/2017
/ 07/07/2017 / Changed due date to 10/30/2017
IV.A.17.03 / WorkingConditions|Occupational Health and Safety|First Aid and Medical: (IV.A.17.03) Factory's first aid kits are not sufficiently stocked. / Non-Compliance / 07/07/2017 / Has the ensured there are a sufficient number of readily accessible first aid boxes/supplies in the workplace? (Ref 205) / Each building has at least one first-aid box. However, some of the first-aid supplies were either expired or missing. / 30/10/2017
/ 07/07/2017 / Changed due date to 10/30/2017
IV.A.17.06 / WorkingConditions|Occupational Health and Safety|First Aid and Medical: (IV.A.17.06) Factory does not have enough people trained on first aid. / Non-Compliance / 07/07/2017 / Has the employer provided first-aid training for workers? (Ref 206) / 18 workers were trained in first-aid. However, to comply with the Haitian Labour Code, a factory of this size must have at least 111 workers trained in first-aid. / 30/10/2017
/ 07/07/2017 / Changed due date to 10/30/2017
IV.A.23.08 / WorkingConditions|Occupational Health and Safety|Firefighting Equipment: (IV.A.23.08) Factory's fire extinguishers/ other fire fighting equipment are not regularly checked and miantained. / Non-Compliance / 07/07/2017 / Does the workplace have adequate fire-fighting equipment? (Ref 221) / The factory has a sufficient number of fire extinguishers onsite. However, some fire extinguishers were inspected in December 2016, January and February 2017. Another fire extinguisher had inadequate pressure. Two fire extinguishers were missing (1 in the packing section and 1 in the warehouse). / 30/10/2017
/ 07/07/2017 / Changed due date to 10/30/2017
IV.A.23.14 / WorkingConditions|Occupational Health and Safety|Firefighting Equipment: (IV.A.23.14) Fire fighting equipment training records: Other / Non-Compliance / 07/07/2017 / Has the employer trained an appropriate number of workers to use the fire-fighting equipment? (Ref 222) / 59 workers were trained in the fire-fighting. However, to comply with the Haitian Labour Code, a factory of this size must have at least 111 workers trained in fire-fighting. / 30/10/2017
/ 07/07/2017 / Changed due date to 10/30/2017
III.H.07.01 / Labor|Working Hours|Daily Rest Periods: (III.H.07.01) Facility is not providing workers with all legally mandated rest periods. / Non-Compliance / 07/07/2017 / Does the employer comply with the daily break period? (Ref 230) / Workers who work for at least 8 hours a day are entitled to a daily break of 1 hour. However, the pregnant women employed at the factory are not aware of their right to take two additional breaks of half hour each. / 30/10/2017
/ 07/07/2017 / Changed due date to 10/30/2017
III.H.02.04 / Labor|Working Hours|Overtime Hours: (III.H.02.04) Total weekly working hours (including normal working hours and overtime hours) are between 61 to 66 hours / Non-Compliance / 07/07/2017 / Does the employer comply with limits on overtime hours worked? (Ref. 234) / A review of attendance records revealed that workers who control the line output quantity in the inspection section have worked beyond 80 hours of overtime during a 3-month period. / 30/10/2017
/ 07/07/2017 / Changed due date to 10/30/2017
1 / CONFIDENTIAL – FOR INTERNAL PURPOSES ONLY