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TRAINING MANUAL ON IMPLEMENTATION OF BUSINESS SOCIAL COMPLIANCE

INITIATIVE (BSCI)

TRAINING MANUAL ON IMPLEMENTATION OF BUSINESS


SOCIAL COMPLIANCE INITIATIVE (BSCI)

Prepared by: Sintayehu Teshome- GETEX CONSULTING PLC

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FEBRUARY 2022

Table of Contents
ABRIVATION ........................................................................................................................................... 4
LIST OF TABLE ........................................................................................................................................ 5
CHAPTER ONE ......................................................................................................................................... 6
1. INTRODUCTION .................................................................................................................................. 6
1.1 General Business Social Compliance Initiative (BSCI) Overview .................................................... 7
1.2 Objectives of BSCI System Compliance ......................................................................................... 11
1.3 Challenges in Managing BSCI Compliance .................................................................................... 14
1.4 Principles Aiming at the Highest Labour Protection ....................................................................... 15
1.5 Important BSCI parameters ............................................................................................................. 17
CHAPTER TWO ...................................................................................................................................... 20
2.1 BASIC SOCIAL NORMS AS PER ETHIOPIAN LABOR LAW .................................................. 20
CHAPTER THREE .................................................................................................................................. 37
3.1 SOCIAL MANAGEMENT SYSTEM AND CASCADE EFFECT ................................................ 37
3.2 Workers Involvement and Protection .............................................................................................. 43
3.3 The Rights of Freedom Of Association And Collective Bargaining................................................ 48
3.4 No Discrimination ........................................................................................................................... 51
3.5 Fair Remuneration (Wages and Compensation) .............................................................................. 55
3.6 Decent Working Hours ................................................................................................................... 63
3.7 Occupational Health and Safety ...................................................................................................... 67
3.8 No Child Labour ............................................................................................................................. 91
3.9 Special Protection for Young Workers............................................................................................ 97
3.10 No Precarious Employment ........................................................................................................ 102
3.11 No Bonded/forced Labour........................................................................................................... 107
3.12 Protection of The Environment ................................................................................................... 112
3.13 Ethical Business Behavior........................................................................................................... 115
CHAPTER FOUR .................................................................................................................................. 120
4.1 THE BASIC AREAS OF FINDINGS AND COMMON VIOLATIONS ..................................... 120
4.2 Health and Safety .......................................................................................................................... 120

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4.3 SOCIAL ........................................................................................................................................ 124


4.4 CHEMICALS AND ENVIROMENTS ......................................................................................... 124
4.5 COMMON EXAMPLES OF SOCIAL COMPLIANCE VIOLATIONS: GENERAL ................. 128
Common Examples of Social Compliance violations & correction actions: .................................... 130
Management system: ...................................................................................................................... 130
Child Labour: ................................................................................................................................. 130
Discrimination: .............................................................................................................................. 130
Disciplinary Practices: ................................................................................................................... 131
Health & Safety: ............................................................................................................................ 131
Freedom of Association and Collective Bargaining: .................................................................... 132
Compensation and Working Hours: ............................................................................................ 132
CHAPTER FIVE .................................................................................................................................... 134
5. Implementation, Monitoring and Evaluation Of Implemented BSCI Requirements .......................... 134
5.1 Implementation of the project ....................................................................................................... 134
5.2 Monitoring Mechanism of the BSCI ............................................................................................. 135
5.3 BSCI Implementation Evaluation Mechanism ............................................................................ 141
Reference Materials ................................................................................................................................ 141

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ABRIVATION

BSCI -Business Social Compliance Initiative


GDP -Gross Domestic Product
FTA -Foreign Trade Association
UNGP -UN Guiding Principles on Business & Human Rights
SAI -Social Accountability International)
OHS -Occupational Health and safety
ILO -International Labor Organization
PPE -personal protective equipment
ICSC -The International Chemical Safety Cards
MSDS -The Materials Safety Data Sheets
TOI - Terms of Implementation
MRM – Management Review Meeting
MCM – Management Committee Meeting

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LIST OF TABLE

Table- 5.1
Table- 5.2
Table- 5.3

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CHAPTER ONE

1. INTRODUCTION

Ethiopia, one of the fastest-emerging economies in Africa, is evolving as a new textile and apparel
sourcing destination. The country attracts the eyes of a multitude of investors, brands, wholesalers
and retailers, which have the biggest share in global textile and apparel market. With global brands
like H&M and other international brands having an interest in Ethiopia, the textile industry offers
the potential to bring business to the country, awakening the textile and apparel business in general.
The future is full of promise for Ethiopia. Particularly when sustainability (the best and applicable
example is Code of Conduct like Business Social Compliance Initiative (BSCI)) is at the core of
this sector growth, job opportunities under good conditions and economic development for
families of people working in the cotton and textiles industry, without harm to surrounding
environment and communities can be achieved.
Nowadays, Ethiopia has included in the second transformation plan (GTP II) to export its textile
and garment products to different countries of the world, including Europe and America. And
exporting such products to the mentioned and countries abroad is the main and current issue to
increase the Gross Domestic Product (GDP) of the country from export. In order to be competitive
in world market brands always require certain Code of Conducts/social and environmental
sustainability standards for the products to be fulfilled. The Business Social Compliance Initiative
(BSCI) is one of the requirements requested from the importers of Ethiopian Garment products
(by buyers).

Some/few Garment industries in Ethiopia that endorse the BSCI Code of Conduct are committed
to the principles set out in this document and meeting, within their sphere of influence, their
responsibility to respect human rights. BSCI and its participants (BSCI Participants) pursue a

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constructive and open dialogue among business partners and stakeholders in order to reinforce the
principles of socially.

Some/few Ethiopian Garment factories that operate internationally and are deemed to meet the
standards of the initiative receive BSCI certification. Such Ethiopian Textile and garment factories
use the certification to show that they are working to ensure fair working conditions and industrial
safety at its producer and supplier firms in supplier countries. But it can be said that most of the
Ethiopian textile and garment sector industries are not even aware of the benefit of implementing
BSCI in their factories. Although global buyers have the ambition to ensure that Ethiopian factories
add value to their products and create jobs, they find it just as important that profitability of
production goes hand in hand with sustainability: minimal environmental impact, efficient
resource use, fair wages, workplace safety and social standards.

1.1 General Business Social Compliance Initiative (BSCI) Overview


BSCI 2.0 is a comprehensive system designed to provide BSCI participants with all the
tools, resources and processes they will need to address the labor issues in their supply chains.
There is a strong business case for the full implementation of BSCI 2.0 by both participants and
their business partners, independently of BSCI participants’ size, sector of operation or line of
business.

1.1.1 What is the Business Social Compliance Initiative?


BSCI is an initiative of the Foreign Trade Association (FTA), the leading business association of
European and international commerce that brings together over 3,500 retailers, importers, brands
and national associations to improve the political and legal framework for trade in a sustainable
way. BSCI support more than 2,500 FTA member companies to integrate social compliance at the
heart of their global supply chains.

All BSCI participants are also FTA members and share the FTA vision of “Free Trade and
Sustainable Trade”. To fulfill this vision, BSCI has been given specific governance bodies
through which BSCI companies are invited to actively take part, to develop and implement an
excellent system for improved working conditions in the global supply chain.

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BSCI helps participating companies to tackle labor challenges in countries where they are sourcing
from through one common Code of Conduct and one single implementation system that enables
all companies sourcing all types of products from all geographies to collectively address the
complex labor issues of their supply chain.

The BSCI Code of Conduct is at the center of members’ holistic system and is based on a step-by-
step development approach to improve working conditions in global supply chains. BSCI’s Code
of Conduct is founded on internationally recognized standards and principles such as the UN
Guiding Principles on Business & Human Rights (UNGP) and the Organization for Economic.

As an initiative of FTA, BSCI 2.0 is run by member companies themselves through its governance.
A central secretariat based in Brussels administers the goals of the initiative, in line with the goals
of the association for free trade and sustainable supply chains.

BSCI was founded to meet the needs for companies for one holistic system to monitor
improvements in labor conditions, on farms and in factories around the world where companies
are sourcing. As part of this, BSCI offers:

• BSCI platform, a central database giving participants access to resources to support


monitoring of working conditions at the production site,
• BSCI Academy, offering dedicated training courses for participants and their producers in
their local country and language
• Networking opportunities through local and international events uniting companies from
all industries, sizes and sectors
• A holistic BSCI system, including the BSCI Code of Conduct which is a set of 11
principles integrating the latest international labor standards
• Resources such as the BSCI System Manual, the reference guide for putting the BSCI
Code into practice in their supply chain and which is available in many different languages
• Other tools such as documents supporting supply chain crisis communication and
enabling companies to share the BSCI system effectively with their producers

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• Member support so that companies with questions have access to a dedicated team of
professionals to answer their questions on applying the BSCI system.

BSCI 2.0 refers to the latest upgrade to the BSCI System, to incorporate the latest international
guidelines on business and human rights, such as the UN Guiding Principles on Business and
Human Rights (UNGP). As well as a brand new and reinforced Code of Conduct with 11 labor
principles which participants must ask their producers to adhere to, and which they are monitored
for, BSCI 2.0 asks companies to go beyond monitoring to empower themselves and their producers
and engage transparently with stakeholders.

BSCI 2.0 asks companies to cascade the benefits of BSCI and improved working conditions to all
business partners, particularly beyond the first tier of their supply chain, as sub-suppliers of main
sourcing partners can also present a risk to the labor conditions of workers. It asks companies to
ensure their business partners provide a grievance mechanism to ensure producers hear the voice
of workers and can settle grievances constructively. Finally, it asks that participants ensure their
producers inform their workers about their rights.

BSCI 2.0 is about integrating social responsibility into participants’ business processes and
relationships with their business partners. Continuous Improvement, Cooperation and
Empowerment are complementary values that BSCI participants must endorse so that every player
along their supply chain can manage adverse impacts they may have on human rights in their
sphere of influence.

The BSCI.2 Code of Conduct is a set of values, principles and an approach to implementation that
all BSCI participating companies commit to adhere to, with their business partners along the
supply chain.

The BSCI Code of Conduct is composed of five documents:-

• The BSCI Code of Conduct covers shared values and labor principles that BSCI
participants’ business partners agree to respect on signing the code.

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• The Terms of Implementation (TOI) provide detailed information on how BSCI


participants and their business partners commit to achieving BSCI standards.
• The BSCI Reference lists international norms on which the code is built, such as the ILO
Declaration on Fundamental Principles and Rights at Work, the OECD Guidelines for
Multinational Enterprises and the UN Guiding Principles on Business and Human Rights.
• The BSCI Glossary provides additional information on BSCI interpretation and on key
terminology used in BSCI 2.0.
BSCI 2.0: A Risk-Based Approach

BSCI participants should implement a “due diligence” process and influence social changes in
their supply chain, which includes “cascading” the BSCI principles in their supply chain and
improving their process to “involve workers”. These notions work together to better address any
adverse human rights impacts that may arise in the supply chain:

BSCI 2.0 aims at implementing a systematic risk-based approach in order to proactively identify,
prevent and address adverse human rights impacts detected in the supply chain. BSCI participants
have the responsibility to use BSCI resources and tools to apply reasonable endeavors in the
development of a social management system aiming at improving working conditions in their
supply chain.

BSCI 2.0 takes the vision and values of socially responsible supply chains beyond monitoring and
strict compliance. Social auditing is a useful tool to assess progress but improving working
conditions in the supply chain must start with integrating social requirements into your company’s
own policies, processes, and organization, beginning with sourcing, procurement and supply chain
management.

What are the key features of the standard system?


The cover page of the audit report outlining the results and the validity of the audit can be displayed
in the factory premises and be used as proof of the audit.
• BSCI provides a system that helps companies to gradually improve working conditions in
their supply chain. Producers that meet all BSCI requirements are encouraged to go further

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and achieve member’s best practice, the SA8000 social management certification
developed by Social Accountability International (SAI).

• BSCI has two membership systems. Regular membership applies to retail, brand, trading and
importing companies with an active role in the supply chain which integrate their suppliers into
the BSCI auditing and qualification process. Associate membership applies to any companies,
associations, and institutions without an active role in the supply chain which support the initiative
but do not implement the BSCI process.
• A BSCI database provides information on the profiles for all of BSCI’s member suppliers and
on their auditing results. This information avoids unnecessary and costly multiple audits and tracks
non-compliance issues thereby highlighting where training of suppliers is necessary. This data is
also used to evaluate the concrete results of BSCI’s activities year on year. .
• BSCI is a participatory platform where all members are invited to play an active role to further
develop the BSCI system and its services.
• BSCI country representatives are based in India and China
• The BSCI Service Provider Directory helps BSCI members find the right partners to implement
the BSCI System.
• BSCI is neither an auditing company nor an accreditation system:
BSCI provides companies with a social auditing methodology and report. It does not organize
audits itself but provides a network of external accredited, experienced and independent auditing
companies. Also, as part of the BSCI approach, social audits only represent one pillar of activity,
complementary to capacity building and strong relations with all stakeholders of the supply chain.

1.2 Objectives of BSCI System Compliance:


The prime objectives of social compliance are to create a working condition for the workers in the
apparel manufacturing units that is safe, healthy and in line which is a business priority for the
Global apparel brands worldwide and planning to source from Ethiopia.
The social compliance in factories should not only meet the demands of the fashion apparel brands
it should be in line with the priorities and policies of the government of Ethiopia and the various
stakeholders in the apparel and textile sector.

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The five step Environment/Organization resource management:

Awareness: For long term sustainable results and benefits the apparel and textile sector, has to
match the international standards of social compliance.

Ethiopia is pegged to be a sourcing destination for many international brands for Buyers
increased, it necessitated the advent of social compliance programs in the apparel and textile sector
factories.

All compliance programs are aimed at ensuring legal compliance to laws of the country/ region
and going beyond that for improving workers’ conditions in the export-oriented factories.

This is a relatively new business challenge for the industry. By creating awareness, the issues can
be resolved.

Apparel and textile Industry would be benefited by understanding the issue of Social Compliance
and how these skills and understanding can be integrated into business.

This would benefit to have an ethical business practices. In the apparel exports the importance of
working environment in which the garments are to be produced, is equally important so that
sweatshop concept does not exist.

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The prime objective is to create awareness among the apparel manufacturing exporters the need
for and importance of social compliance.

The apparel retailers and manufacturers are beginning to act independently to ensure that fair and
ethical labour practices are employed in the manufacture of their products.

Doing so helps these companies ensure that their reputation is not tarnished by forces previously
assumed to be out of their control.

• Reasonable and practical steps must be taken to disseminate information about the
organization’s compliance program and its policies and processes.
• Training should be provided to the governing body, high level executives, employees and,
where appropriate, the organization’s agents.
Monitoring: It is the most important aspect of the social compliance laws put in place of work.
The government of Ethiopia and the various stakeholders in the apparel and textile sector involved
in implementing basic the required social compliance norms in the apparel manufacturing
exporters will ensure that the timely monitoring is in place.
This along with continuous awareness programs on social compliance and also providing
periodic information updates on social compliance issues.

The organizations shall take reasonable steps, including monitoring and auditing, to:

• Ensure that the organization’s compliance and ethics program is followed.


• Periodically evaluate the effectiveness of the organization’s compliance program.
• Routine monitoring of actual performance vs. expected performance.
• Review and periodic investigation of the current situation.
• Internal monitoring and assurance processes should be ongoing.

After monitoring and auditing of the compliance program, the organization shall take
reasonable steps to:
• Respond appropriately to any violations of the law or policies to prevent future issues.
• Modify and improve the organization’s compliance program.

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• Make restitution/corrective action when appropriate if issues are found.


1.3 Challenges in Managing BSCI Compliance are as follows:

Complex Supply Chains: Organizations have numerous suppliers spread all across the world.
Managing them in an efficient manner is hard enough.

Monitoring social compliance and handling supplier audits is even harder, as each supplier will
have its own complex network with numerous employees and business locations that need to be
audited and inspected for compliance.

Differing Laws across Locations: Part of social compliance involves adhering to certain local
laws and requirements.

However, these laws may differ from one region to the next. For instance, the minimum age for
employment in India is 14, but in China, it is 16. In the UK, one is allowed to do "light work" at
the age of 13, Ethiopia it is 15 yrs.

Tracking the differences in these laws and ensuring that they are enforced and monitored
appropriately can be extremely time-consuming and exhausting.

Point Solutions and Manual Processes: Many organizations manage social compliance
operations through point-based solutions or manual and paper-based processes.

Tasks, notifications, and follow-ups are assigned and managed using email systems which may
lack the ability to track task completion.

Supplier audit reports are prepared using spreadsheets which can be quite time consuming to fill
in, and unwieldy to manage.

Moreover, they might end up having errors which could prove costly. As for third party audits,
multiple auditors use their own systems or manual processes.

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Thus, information silos are created between the organization and its auditors.

To gain a single view, the organization needs to manually aggregate the information or perform
complex data integration tasks.

High Costs: To monitor social compliance, controls need to be implemented, resources allocated
for regular internal audits, inspections conducted at multi-global locations, training programs
provided at regular intervals, and third-party auditors hired to deliver objective reports - all these
tasks and more can be extremely cost intensive and could divert resources and attention away
from the core business.

Limited Transparency: Given the sheer size of most supplier networks, it is essential for
organizations to gain a clear, birds-eye view of social compliance issues and corrective actions.

They should also be able to effectively schedule and manage audits, track and monitor inspection
results, communicate inspection findings to stakeholders, and collaborate with suppliers to
implement corrective actions.

However, most organizations use isolated or independent supplier management systems and
processes which don't provide sufficient visibility or transparency into social compliance.

The amfori BSCI (amfori BSCI) was launched by the Foreign Trade Association amfori,
acknowledging that international trade is an essential vehicle for human prosperity and social
economic growth. This code of conduct (the amfori BSCI Code of Conduct) is a set of principles
and values that reflect the beliefs of amfori BSCI Participants and the expectations they have
towards their business partners.

1.4 Principles Aiming at the Highest Labour Protection


The amfori BSCI Code of Conduct refers to international conventions such as the Universal
Declaration of Human Rights, the Children’s Rights and Business Principles, UN Guiding
Principles for Business and Human Rights, OECD Guidelines, UN Global Compact and

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International Labour Organization (ILO) Conventions and Recommendations relevant to improve


working conditions in the supply chain. It sets out 11 core labour rights, which the participants and
their business partners commit to monitor within their supply chains in a step-by-step development
approach. The 2014 version has been reinforced with new principles such as ‘No Precarious
Employment’ and ‘Ethical Business Behavior’.

The Code of Conduct sets the approach undertaken by amfori BSCI participants to incorporate
social responsibility at the core of their business.

It emphasizes the importance for businesses to develop the necessary systems to address any risk
that may be detected in their supply chains as well as to cascade social responsibility to their
business partners.

Risk assessment places an obligation on participants to address and mitigate adverse effects in
their supply chain.
The cascade effect empowers them to demonstrate to the different actors in the supply chain the
opportunities that lie in responsible behavior to generate positive impact.

The amfori BSCI Code also places greater emphasis on the engagement of workers and their
representatives, as well as establishing grievance mechanisms as key means to promote

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improvements in working conditions. amfori BSCI will continue to support companies through a
variety of training sessions to build on business partners’ and workers’ knowledge.

1.5 Important BSCI parameters:

Compliance with all national laws and regulations - Organizations are required to abide by all
applicable laws, regulations and standards applicable to its particular industry under the national
laws of the countries where the organization is doing business.
Should the legal requirements and the standards of the industry conflict, organizations must
comply with the laws of the country in which the products are being manufactured.
Organizations should, however, strive to meet industry standards whenever possible.

If state or local legal requirements apply to the organization’s manufacturing activities, they must
comply with the state and local requirements.
Social Management System and Cascade Effect
The sincerity, integrity, and legality of the management practices towards the social compliance
norms. Ensuring that the implementation of the code of conduct on social compliance. This
elements needs to be discussed as all social compliance efforts of the factory are dependent on it.

Employment practices - Organizations are to respect its employees and to strive to improve
conditions whenever possible but, in all instances, to be in compliance with the specific
requirements relating to employment conditions.

Wages & Benefits - Organizations shall provide wages, overtime compensation and benefits at
not less than the minimum levels required by applicable laws and regulations or which are
consistent with the prevailing local industry levels, whichever is higher.

Working Hours - Organizations shall maintain employee work hours in compliance with local
standards and applicable laws of the jurisdictions in which they are doing business. Unless the
national law is different, the maximum standard working time is 48 hours per week or 60 hours
per week including 12 hours of overtime work.

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Child Labour -Exploitation of child labor or any vulnerable group (illegal immigrants for
example) is totally unacceptable. No person shall be employed at an age younger than the legal
minimum age for working in any specific country and in no circumstance shall any worker be
younger than 15 years of age. Normal hours of work for young workers shall not exceeds seven
hours a day. In general, all children under the age of 18 must not be employed in hazardous work;
not work night shifts and overtime work in weekly rest days or public Holidays; and are entitled
to more breaks than adults.
Special Protection for Young Workers
Young workers have specific rights as they can be vulnerable to precarious employment
arrangements, unfair remuneration and OHS hazards.
Forced Labour - The use of forced or involuntary labour is unacceptable. Organizations shall
maintain employment on a voluntary basis. They are not to directly or indirectly use in any
manner, forced labour or prison labour.

Nondiscrimination / Human Rights - Cultural differences exist and different practices apply in
various jurisdictions. However, all terms and conditions of employment should be based on an
individual’s ability to do the job, not on the basis of physical characteristics or beliefs. Employees
must not be exposed to physical punishment, threats of violence or physical, sexual, psychological
or verbal harassment or maltreatment.
Freedom of Association - Organizations must recognize their employees’ rights to choose
whether or not to associate with or establish any organization including labor organizations. The
number of members of the union/Associations shall not be less than ten.

Working Conditions - Organizations must provide adequate working conditions for employees
and comply with all applicable worker safety laws and regulations. The organization shall take
the necessary measure to safe guard adequately the health and safety of workers.

At a minimum, adequate working conditions include: Access to sanitation, drinking water, First
Aid and emergency exits, Safety procedures for hazardous activities and accident
prevention, Proper maintenance of all machinery, Provision of meal breaks, Adequate

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ventilation, Temperature controls and lighting, Residential or resting facilities, if provided,


shall also meet these minimum conditions.

Environmental- Organizations shall comply with all applicable environmental laws and
regulations.

This shall include having processes in place to ensure compliance with those regulations relating
to the handling, recycling, and disposal of dangerous or hazardous materials.

No Precarious Employment: Precarious work deeply damages societies at large. It leaves


workers and communities in unstable and insecure situations, disrupting their life planning options.
More concretely, precarious workers are found to suffer a higher rate of occupational health and
safety issues. Such impacts fortify gender divisions and worsen the situation of migrant workers.

Ethical Business Behavior: Taking the appropriate measures, especially setting social policies
and being transparent, is fundamental in upholding the BSCI commitments to be a socially
responsible business. Appropriate measures ensure and demonstrate no corruption, extortion,
embezzlement, bribery, falsified information or misrepresentation in the supply chain. On the
positive side, honesty and integrity should be congratulated (e.g. among workers).

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CHAPTER TWO

2.1 BASIC SOCIAL NORMS AS PER ETHIOPIAN LABOR LAW (Proc. 1156/2019)
The Apparel industry sector: has spread its manufacturing its production facilities and the labour
pool are worldwide over the past two decades. This shift has the effects on the apparel
manufacturing business.
Every decision made by the brands/retailers about the design, marketing, sourcing and production
is based on the trends of the global market. We hear in the news the impact of this shift of
manufacturing base; there are headlines and blogs of the issues that arise due to new destinations
of the same.

The apparel industry is labor intensive and depends of many suppliers in the supply chain and is
the global reality. Since the apparel business has many partners the need of the hour is to pay
attention to the impact of the business practices and business partners, the apparel manufacturing
units, people and the places.

Social and environmental concern in countries where the brands/retailers are sourcing from has
become part of their corporate social responsibility. To pay attention to their global partners is no
longer an option, especially if the intention is to build long-lasting partnerships and sustainable
business mode.

It is imperative for the brands/retailers are sourcing from overseas in the 21st century to be
conscious of Social Compliance practices. A well-implemented Social Compliance system not
only address these core problems, but also help to ensure a company’s bottom line by fostering
positive market perceptions.
Any company that relies on manufacturing, especially overseas manufacturing, should pay close
attention to basic standards. Minimum standards should be defined with respect to the age of
workers, acceptable wages, and hours of work, and health and safety requirements.
Standards should be measurable and Quantifiable whenever possible— leaving little chance for
misinterpretation or willful neglect.
To be taken seriously it is not enough to merely develop a compliance program. Implementing a
program without solid verification procedures is not sufficient to have beneficial effects on

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marketability. Independent monitoring of the supplier's performance—with immediate action to


correct any noncompliance—will ensure your program's credibility.

The basic norms for all manufacturing unit must comply with existing local or international
laws to ensure:
2.1.1 Child Labor (ILO convention 79; 138; 142; 182; ILO recommendation 146 & 190 and UN
Convention on the Rights of Child Labour) No child labour is engaged in the work premises and
if any child is found than the manufacturer must have an effective remediation policy to ensure the
child is rehabilitated back in the society.
Child labour: as per Ethiopian labour law: It is prohibited to employ persons under 15 years of
age. Young worker means a person who has attained the age of 15 but is not over the age of 18
years. (SECTION 89 -1&2 of proclamation 1156/2019)

Part six: Working condition of young worker

General Working conditions for young workers

1. For the purpose of this Proclamation, “young worker” means a natural person who has
attained the age of 15 but is below the age of 18 years.

2. It is prohibited to employ a person less than 15 years of age.

3. It is prohibited to assign young workers on work, which on account of its nature or due
to the condition in which it is carried out endangers their lives or health.
4. The Ministry may prescribe the list of activities prohibited for young workers which shall
include in particular:
a) Work in the transport of passengers and goods by road, railway, air and internal water
ways, dock sides and ware houses involving heavy weight lifting, pulling or pushing
or any other related type of labour;
b) Work connected with electric power generation plants, transformers or transmission
lines;
c) Underground work such as mines and quarries;
d) Work in sewers and tunnel excavation.

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5. The provisions of sub articles (4) of this article shall not apply to work performed by young
workers following courses in vocational schools that are approved and inspected by the competent
authority.

Limits of hours of work.

➢ Normal hours of work for young workers shall not exceed 7 hours a day.
Night and overtime work

➢ It is prohibited to assign young workers on;

1. Night work between 10:00 Pm and 6:00 Am

2. Overtime work;

3. Work done on weekly rest days; or

4. Work done on public holiday

2.1.2 Forced Labour (ILO convention 2; 29 & 105 and Universal Declaration on Human Rights)
All work must be voluntarily conducted and not by means of threat any penalty or sanctions.
Forced labour: as per Ethiopian labour law: To respect the workers human dignity, (SECTION
14/1 E of proclamation 1156/2019).
Obligation of an employer (Section three. No.12)
• An employer shall in addition to special stipulations in the contract of employment
have the following obligations;
1. (a) to provide work to the workers in accordance with the contract of employment
and;
(b) Unless otherwise stipulated in the contract of employment, to provide him with
implements and materials necessary for the performance of the work;
2. To pay the workers with and other emolument in accordance with this
proclamation or the collective agreement;
3. To respect the worker’s human dignity;

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4. To take all the necessary occupational safety and health measures and to
abide by the standard and directives to be given by the appropriate authorities in
respect of these measures.
5. To defray the cost of medical examination of the worker whenever such
medical examination is required by law or the appropriate authority;
6. To keep a register containing the relevant particulars hear of weekly rest
days, public holidays and leave utilized by the worker, health conditions and
employment injury of the worker and other particular required by the ministry.
7. Upon termination of a contract of employment or wherever the worker so
requests, to provide the worker, free of charge, with a certificate stating the type
of work he performed the length of service and the wage he was earning.
8. To observe the provisions of this proclamation, collective agreement , work
rules directives , and orders issued in accordance with law , and;
9. To record and keep of information as required by this proclamation , and
any other information necessary for the ministry to carry out its powers and duties
,and submit within a reasonable time when requested by the ministry.
2.1.3 Discrimination (ILO convention 100 & 111; 139 & 158 and UN Convention to Eliminate
All Forms of Discrimination against Women) Must respect equal opportunities in terms of
recruitment, compensation, access to training, termination or retirement.

Discrimination: as per Ethiopian labour law: Discriminate against female workers in matters
of remuneration on the ground of their sex (section 14b – 14f). Discriminate between workers on
the basis of nationality, sex, religion, political outlook or any other condition. SECTION 87 1-
WOMEN shall not be discriminated against as regards employment and payment on the basis of
their sex.
2.1.3.1 Disciplinary Practices or ILL Treatment Workers must be treated with respect and
dignity.
Disciplinary Practices: as per Ethiopian labour law: SECTION 3 part 12

Obligation of an employer

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An employer shall in addition to special stipulations in the contract of employment have the
following obligation;

1/ a) to provide work to the worker in accordance with the contract of employment; and
b) Unless otherwise stipulated in the contract of employment, to provide the worker with
implements and materials necessary for the performance of the work;
2. To pay the worker wages and other benefits in accordance with this Proclamation or
the collective agreement;
3. To deduct union dues from the worker’s regular wage, where the worker requests in
writing of such deduction, and transfer the cash into the trade union’s bank account;
4. To respect the worker's human dignity;

5. To take all the necessary occupational safety and health measures and to abide by the
standards and directives to be given by the appropriate authorities in respect of these
measures;
6. To cover the cost of medical examination of the worker whenever such medical
examination is required by law or the appropriate authority;
7. To keep a register containing the relevant particulars specified in Article 6 hereof,
weekly rest days, public holidays and utilized leave of the worker, health conditions of
the employee except for HIV/ AIDS, and employment injury record and other
particulars required by the Ministry or appropriate authority ;

8. Up on termination of a contract of employment or whenever the worker so requests, to


provide the worker, free of charge, with a certificate stating the type of work he
performed, the length of service and the wage she was earning;
9. To observe the provisions of this Proclamation, collective agreement, work rules,
directives and orders issued in accordance with law;
10. To record and keep in formation as required by this Proclamation, and any other
information necessary for the appropriate organ to carry out its powers and duties, and
submit same within a reasonable time when requested by the competent authority;
11. Under take registration of information on workplace location and work related data

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as per the form prepared by the Ministry; and


12. Whenever an enterprise has a work rules it should arrange awareness raising program
for the concerned workers.
2.1.4 Freedom of Association and collective bargaining (ILO convention 87 & 98; 135; 154).
For collective bargaining workers must have right to join or form their own trade union.
Freedom of Association: as per Ethiopian labor law: Collective Agreement

Definition

1. “Collective Agreement” means an agreement on conditions of work concluded in


writing between representatives of one or more trade unions and one or more employers
or representatives or agents of employer’s associations.
2. “Collective Bargaining” means a negotiation made between employers and works
organization or their representative concerning conditions of work in order to reach at
collective agreement or the renewal and modifications of the collective agreement.
Collective Bargaining

1. Trade union shall have the right to bargain a collective agreement with one or more
employers or their organization in matters provided for in article 129.
2. Employer or Employer’s association shall have the right to bargain a collective
agreement with their workers organized in a trade union.
Representation

1. The following shall have the right to represent workers in collective bargaining:
a Where there is a Trade Union, the leaders of the trade union or members
who are authorized in accordance to the by law of the union to negotiate and sign
collective agreement;
b Where there is a General Trade Union, the leaders of the general trade
union who are authorized in accordance with the by law of the union to negotiate
and sign collective agreement.

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2. Persons delegated by the concerned employer or employers or employers’


association shall have the right to represent them in collective bargaining.

Advisors

Any party to a collective bargaining may be assisted by advisors who provide expert
advice during the negotiation process.
Working Hours. (ILO conventions 1 & 14; recommendation 116) One day weekly off is a must
and working hours must comply with national laws and ILO conventions.

2.1.5 Working Hours: as per Ethiopian labour law:


Part 4: hours of work, Weekly rest and public Holiday.
CHAPTER 1. SECTION ONE
NORMAL HOURS OF WORK:
(61). Maximum daily or weekly hours of work

1. In this proclamation, “normal hours of work” means the time during which a worker
actually performs work or avails himself for work in accordance with law, collective
agreement or work rules.
2. Normal hours of work shall not exceed 8 hours a day or 48 hours a week.
Section Two: Overtime
66. General
Work done in excess of the normal daily hours of work fixed in accordance with the
provisions of this Proclamation shall be deemed to be overtime.
67. Circumstances in which over time work is permissible

1. a worker may be compelled to work overtime, however, overtime may be worked


whenever the employer can’t be expected to be to resort to other measures and only there is:-
a. Accident, actual or threatened;

b. Force majeure;

c. Urgent work;

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d. Substitution of absent workers assigned on work that runs continually without


interruption.

2. Notwithstanding the provisions of Sub- Article (1) of this Article, overtime work shall
not exceed four hours in a day and twelve hours in a week.
68. Overtime payment
1. In addition to his normal wage, a worker who works overtime shall be in title at
least to the following payments:
a. In the case of work done between 6:00 a.m. in the morning and l0:00 p.m. in the
evening, at the rate of 1.5 multiplied by the ordinary hourly rate;
b. In the case of night time work between 10 p.m. in the evening and 6 am in the
morning at the rate of 1.75 (one and three fourth) multiplied by the ordinary hourly
rate;
c. In the case of work done on weekly reset day, at the rate of two (2) multiplied by
the ordinary hourly rate;
d. In the case of work done on public holiday, at the rate of two and one half (2.5)
multiplied by the ordinary hourly rate.
2. Payment for overtime work shall be effected on the day fixed for wage and together
with wage.
Chapter Two:
Weekly Rest:
Section 69: General.
1. A worker shall be entitled to a weekly rest period consisting of not less than 24 non-interrupted
hours in the course of each period of seven days.
2. Unless otherwise determined by a collective agreement or work rule, the weekly rest day shall,
whenever possible:

(a) Fall on a Sunday;

(b) Be granted simultaneously to all of the workers of the undertaking.

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3. The weekly rest period shall be calculated as to include the period from 6 a.m. to the next 6
a.m.
4. Notwithstanding the provisions of Sub- Article(1) of this Article, where the nature of his task
did not enable the worker to make use of his weekly rest day, the employer shall grant 4
working days of rest in a month.
Section 70: Special weekly rest Day.
(1) Where the nature of the work or the service performed by the employer is such that the
weekly rest cannot fall on a Sunday another day may be made a weekly rest as a substitute.
(2) The provisions of Sub-Article (1) of this Article shall be applicable to the following and
other similar activities:
a) Work that has to supply the necessities of life or meet the health, recreational or cultural
requirements of the general public;
b) Essential public services as stipulated under Article 137(2) of this Proclamation
c) Work which, because of its nature or for technical reasons, if interrupted or postponed
could cause difficulties or damages.
Section 71: Work done on weekly rest days.
(1) A worker may be required to work on any weekly rest day only where it is necessary to
avoid serious interference with the ordinary working of the undertaking in the case of:

(a) Accident, actual or threatened;

(b) Force majeure;

(c) Urgent work to be done.


(2) Subject Without prejudice to the provisions of Article 68 (1)(c) of this
Proclamation, a worker who, by virtue of the provisions of this Chapter, works on a weekly
rest day, shall be entitled to a compensatory rest period. However, he shall be compensated
in the form of cash if his contract of employment is terminated before he utilized the
compensatory rest period.

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2.1.5 Wages and Compensation (ILO convention 26 & 131; recommendation 85 & 135) Workers
must be paid more than the minimum wage declared by the local government, must include social
security package and medical benefits, as per the national laws.
Wages and Compensation: as per Ethiopian labour law: PART THREE

CHAPTER ONE, No. 53

1. “Wages” means the regular payment to which the worker is entitled in return for
the performance of the work that he performs under a contract of employment.
2. For the purposes of this proclamation the following payments shall not considered
as wages:
A. Overtime payment;
B. Amount received by the way of per dime, hard ship allowances transport
allowance, transfer expenses and similar allowance payable to the worker on the
occasional of transfer or change of his residence;
C. Bounce;
D. Commission;
E. Other incentive paid for additional work results; and
F. Service charge received from customers.
Mode and Execution of Payment
55. General: Wages shall be paid in cash, provided, however, that where the employer
and worker so agree, it may be paid in kind. Wages paid in kind may not exceed the market
value in the area of payment in kind and in no case may exceed thirty percent of the wages
paid in cash.
56. Execution payment

1. Unless otherwise agreed, wages shall be paid on working day and at the place of
work

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2. In case the day of payment mention in sub article one of in this article falls on
Sunday or a public holiday, the day of payment shall fall on the preceding working
day

57. Payments in person

Unless otherwise provided by law or collective agreement, wage shall be paid directly
to the worker or to a person delegated by him
58. Time of Payment

Wages shall be paid as such intervals as are provided for by law or collective
agreement or work rules or construct of employment.

59 Deductions from wage

1. The employer shall not deduct from attached or set off the wages of the
worker except where it is provided otherwise by law or collective agreement or
work rules or in accordance with the court order or written agreement of the
worker
2. Unless the worker expresses his consent in writing, the amount that may be
deducted at any one time, from the worker's wage shall in no case exceed one-third
of his monthly wage.

60. Keeping Record of Payment

1. The employer shall keep a register of payment specifying the gross pay and method of
calculation of the wage, other remunerations, the amount and type of deduction, the net pay and
other relevant particulars on which the signature of the worker is a fixed unless there is a special
arrangement.
2. The employer shall have the obligation to make register accessible and to explain the entry
there of, to the worker upon the latter’s request.

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3. The fact that worker has received with put protest the net amount indicated on the register
shall not constitute waiver his right to any part of his wages that was due
2.1.6 Workplace Safety (ILO convention 155 & 164; 190). The electric wiring, safety measures
for the machinery installed, equipment used must be secure and safe to work. Building construction
must be strong and approved by authorities. All electric wiring, fittings and equipment must be
correctly connected and periodically checked by a competent person. There should be sufficient
precautionary measure to ensure worker safety in case of emergencies like, fire, chemical and
natural calamities.
Evacuation planning and training must be visible and effective.

Workplace Safety: as per Ethiopian law: Proclamation no. 624/2009: As per Ethiopian
building proclamation, It has been found necessary to determine the minimum national
standards for the construction or modification of buildings or alteration of their use in order to
ensure public health and safety.
Section 14 (1) states that- A building officer may order a building constructed w/o approved
plans to be demolished , if the plans utilized to construct such building does not comply with the
provision of this proclamation or other laws. Section 35.states- Electrical installation to buildings
and material used shall comply with the requirement of safety standard so that no danger associated
with the electrical installation exists.

Health and Hygiene (ILO convention 155; recommendation 164 & 190) Access to clean drinking
water, hygienic toilets, neat working condition, and periodical health check for workers engaged
in hazardous tasks and food handlers, provision of personal protective equipment.
Health and Hygiene: as per Ethiopian labour law: part seven

Occupational safety Health and working environment: CHAPTER ONE

Preventive measure

SECTION: 92. Obligation of the employer: An employer shall take the necessary measure to
safeguard adequately the health and safety of the workers; it shall in particular:

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1. Comply with the occupational health and safety requirements provided for
in this proclamation;

2. Take appropriate steps to ensure the workers are properly instructed and
notified concerning the hazards of their respective occupation; and assign safety
officer; and establish an occupational, safety and health committee.
3. Provide workers with protective equipment clothing and other materials
and instruct them of their use
4. Register employment accident and occupational diseases and notify the
labour inspection of same to the labor inspectionservices.
5. Arrange, according to the nature of the work at his own expenses for the
medical examination of newly employed workers and for those workers engaged
in the hazardous work, as may be necessary with the exception of HIV/AIDS
Unless and otherwise the country has obligation of international treaty to do so.
6. Ensure that the workplace and premises of the undertaking do not pose
threats to the health and safety of the workers.
7. Take appropriate precautions to ensure that all the processes of work in the
undertaking shall not be a source or cause of physical, chemical, biological,
ergonomic and psychological hazards to the health and safety of the workers.
8. Implement the instructions given by the competent authority in accordance
with this proclamation.

2.1.7 Environment preservation: No hazardous liquid, gaseous, solid- chemical or electronic


waste is to be released in the atmosphere, ground or water bodies. Sound pollution should be
minimized to an acceptable level. Energy efficiency and the resources monitoring plans.
2.1.7.1 Environment preservation: as per Ethiopian labour law: (Proclamation No. 300/2002
Environmental Pollution Control Proclamation Page 1959 PROCLAMATION NO.300/2002)
PART TWO
3. Control of Pollution

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1) No person shall pollute or cause any other person to pollute the environment by violating
the relevant environmental standard.
2) The Authority or the relevant Regional environmental agency may take an administrative
or legal measure against a person who, in violation of law, release any pollutant to the
environment.
3) Any person engaged in any field of activity which is likely which is to cause pollution or
any other environmental hazard shall, when the Authority or the relevant regional environmental
agency so decides, install a sound technology that avoids or reduces, to the required minimum,
the generation of waste and, when feasible, apply methods for the recycling of waste.
4) Any person who causes any pollution shall be required to clean up or pay the cost of
cleaning up the polluted environment in such a manner and within such a period as shall be
determined by the Authority or by the relevant regional environmental agency.
5) When any activity poses a risk to human health or to the environment, the Authority or the
relevant regional environmental agency shall take any necessary measure up to the closure or
relocation of any enterprise in order to prevent harm.
PART THREE: Environmental Standards

1. In consultation with competent agencies, the authority shall formulate practicable


environmental standard on scientific and environmental principle. The sector that
require standards shall include at least the following:
a. Standards for the discharge of effluence into water bodies and sewage
systems.
b. Air quality standards that specify the ambient air quality and give the
allowable amount of emission for both stationary and mobile air pollution sources.
c. Standards for the types and amount of substances that can be applied to the
soil or be disposed of on or in it.
d. Standards for noise providing for the maximum allowable noise taking into
account the settlement patterns and the availability of scientific and technological
capacity in the country.

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e. Waste management standards specifying the levels allowed and the


methods to be used in the generation handling, storage, treatment, transport and
disposal of the various types of waste.
2. Sources of noxious odor shall be regulated so that the nuisance they cause
is prevented
3. The authority may prescribe different environmental standards for different
area as it may find necessary to protect or rehabilitate the environment.
4. National regional may, based on their specific situation adopt
environmental standards that are more stringent that those determine the federal
level. However they shall not adopt standards which are less rigorous than those
determine at the federal level.
5. The authority may, for a fixed period of time authorize the waiver of the
duty to comply with some requirements of specified environmental standards in
order to promote public benefit.

2.1.8. Management of Hazardous Waste, Chemical and Radioactive Substance

1) The generation, keeping, storage, transportation, treatment or disposal of any hazardous


waste without a permit from the Authority or the relevant regional environmental agency is
prohibited.
2) Any person engaged in the collection, recycling, transportation, treatment or disposal of
any hazardous waste shall take appropriate precaution to prevent any damage to the environment
or to human health or well-being.
3) The importation, mining, processing, keeping, distribution, storage, transportation or use
of radioactive substances shall be subject to a permit from the competent agency.
4) The importation, preparation, keeping, distribution, storage, transportation or use of a
chemical categorized as hazardous or of restricted use, shall be subject to a permit from the
Authority or the relevant regional environmental agency or from any other competent agency.

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5) Any person engaged in the preparation, production, manufacturing or transportation or in


trading in any hazardous or restricted chemical may ensure that the chemical is registered, packed
and labeled as per the applicable standards.
2.1.9 Ethical Standards: Commitment for the highest standards of ethics & conduct when dealing
with workers, suppliers and customers. The transparency in conducting the business and ensuring
no bribes.
Ethical Standards: as per Ethiopian labour law: Ethics is supposed to be an integral part of the
workplace: Integrity, Loyalty, Accountability, Honesty, Impartiality, Transparency,
Confidentiality, exercising legitimate power, Respecting the law, exercising leadership,
Responsiveness, Serving the public interest.
2.1.10 Sustainable Compliance Monitoring and enforcing relevant code of conduct and taking
timely corrective actions of non-conformities found.
Sustainable Compliance: as per Ethiopian labour law: Part 12 penalty and transitory provision:
Part 12 CHAPTER 1 section 184

General. Without prejudice to the criminal liability; the administrative measures laid down from
Article 185 up to 187 shall be applicable

185. Measures Against Employer

1. An employer who:
(a) Causes workers to work beyond the maximum working hours set forth in this
proclamation or contravenes in any manner the provision relating to working hours;
(b) Infringes the provisions of this proclamation relating weekly rest days , public
holidays; or leaves; or
(c) Contravenes the provisions of Article 19 of this Proclamation; shall by taking in to
account its economic and organizational standing and the manner the fault was
committed will be fined from Birr 5,000 up to Birr10, 000 if the violation is for the
first time, from Birr 10,000 up to Birr 15,000 if it is committed for the second time and
from Birr 15,000 up to Birr 30,000 it is committed for the third time. Whereas if the
act is committed more than three times may result closure of the under taking.

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2. An employer who;

(a) Fails to fulfil the obligation laid down in article 12 (5) of this proclamation;

(b) Fails to keep records presented by this proclamation, or other legal instruments
issued hereunder or failed to submit them in due time or when so requested;
(c) Violates the provision of article 14(1) of this proclamation; or

(d) Terminate a contract of employment contrary to article 26(2) of this proclamation


shall by taking in to account its economic and organizational standing and the manner
the fault was committed will be fined from Birr 10,000 up to Birr 20,000 if the
violation is for the first time, from Birr 20,000 up to Birr 40, 000, if it is committed for
the second time and from Birr 40,000 – Birr 60, 000, if it is committed for the third
time. Whereas if the act is committed more than three times may result closure of the
under taking.
2.1.11 Management Systems The sincerity, integrity and legality of the management practices
towards the social compliance norms. Ensuring that the implementation of the code of conduct
on social compliance. This elements needs to be discussed as all social compliance efforts of the
factory are dependent on it.

Management Systems: as per Ethiopian labour law: The labour laws and the environment laws
lay down do and don’ts for the protection of the employee and the environment. The labour
inspectors and the environment officers by means of their authority keep a check to ensure
implementation.

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CHAPTER THREE
BSCI BASIC REQUIREMENTS

3.1 SOCIAL MANAGEMENT SYSTEM AND CASCADE EFFECT


The sincerity, integrity, and legality of the management practices towards the social compliance
norms. Ensuring that the implementation of the code of conduct on social compliance. This
elements needs to be discussed as all social compliance efforts of the factory are dependent on it.

Management Systems: as per Ethiopian labour law: The labour laws and the environment laws
lay down do and don’ts for the protection of the employee and the environment. The labour
inspectors and the environment officers by means of their authority keep a check to ensure
implementation.

3.1.1 The organization shall set up an effective management system to implement the BSCI
Code of Conduct
An effective management system is crucial to ensure social performance can be Integrated into the
business model. With a management system in place, the organization can take ownership over
the process and continuously improve.
The organization’s management should:
• understand the importance and benefits of having an effective management system and related
procedures in place,
• show full commitment towards integrating the BSCI Code into the its business culture,
• understand the difference between short-term investment and long-lasting solutions,
• understand the content of the BSCI Code and Terms of Implementation for business partners to
be involved in the BSCI monitoring process,
• understand the need to develop internal procedures to integrate the BSCI Code into day-to-day
business practices,
• understand how business relations are affected by the implementation of BSCI,
• understand the need to consult customers and stakeholders to adhere to a continuous
improvement approach in day-to-day business practices.

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Furthermore, the organization shall ensure if the relevant documents are coherent with the
statements provided by key management and workers.
This is particularly important in the following cases:
• Structure of the company (including different facilities, when applicable)
• Organizational chart and reporting lines: Who decides what?
• Documented procedures: particularly for hiring, using recruitment agencies, subcontracting,
dealing with grievances, training workers, promoting ethical behavior, following up on BSCI
Remediation Plans.
• Work instructions, timetable, emergency instructions, and instructions in case of accidents
• Forms: most common contracts used (e.g. permanent workers, seasonal workers, apprentices)
• Relevant external documents such as applicable labor law
• A collective bargaining agreement (if applicable)
• Record keeping current and old records, contracts with the workforce, contracts with recruitment
agencies, contracts with subcontractors, pay slips, working hours, certificates, inspections, and
minutes of meetings with workers and workers representatives, accidents, grievance
investigations.
3.1.2 The Organization shall appoint a senior manager to ensure that the BSCI values and
principles are followed in a satisfactory manner.
The integration of BSCI in the business culture may involve several staff members, under the
selection of which the organization must at least ensure that:
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 and covers several areas of work such as strategy and business development
(if relevant),
• Has decision-making power and allocated budget to succeed in the follow-up of BSCI social
performance,
The individual with this function (senior manager) has:
• A good understanding of the BSCI Code of Conduct and Terms of Implementation,

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• A good overview of the supply chain:


- which business partners are important (significant) for the business,
- Which stakeholders are relevant for integrating BSCI values and principles into the business
culture,
The organization shall ensure that if the selection of other company functions is coherent with the
BSCI values and principles.
• Who is in charge of implementing BSCI in the business culture?
• Who is in charge of following up with the grievance mechanism?
• Who is in charge of human resources?
• Who is in charge of ensuring that workers receive training relevant to the BSCI values and
principles?
• Who is in charge of occupational health and safety issues?
• Do these functions have sufficient skills (by training or by experience) to fulfil their
responsibilities?
• Do these functions have allocated budget to succeed in the implementation of BSCI principles
and values?
3.1.3 The organization shall have a good overview of the significant business partners and
their level of alignment with the BSCI Code of Conduct.
The organization is required to exercise a minimum duty of care and attention with respect to the
selection, management and monitoring of its own significant business partners. Without this
overview on whether or not its business partners respect the law and workers’ rights, the
organization and its clients face a social risk.
Examples of business partners are:
• Subcontractors
• Recruitment agencies
• Catering service providers
• Suppliers (including farms)
For the effectiveness of the selection of business partners, there should be a clear understanding
that the organization:

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• Has a management system to select current and future significant business partners,
• Has instructed relevant staff to take into consideration not only price and quality but also the
willingness to respect the BSCI requirements,
• Monitors current and future significant business partners’ social performance,
The organization shall ensure that if the selection of business partners is coherent with the BSCI
values and principles, then it should:
• keep accurate information on its different significant business partners,
• know how long business partners have been working with it,
• is familiar with the ways in which its business partners manage their own businesses,
• keep records of any complaints received about its business partners.
3.1.4 The organization’s workforce capacity should be properly organized to meet the
expectations of the delivery order and/or contracts:
Effective workforce planning allows the organization to reduce unnecessary subcontracting or
overtime, which represent social risks for both the organization and its clients. The planning still
cannot provide necessary guarantees.
To ensure the effectiveness of the workforce planning, the organization should have realistically
calculated the costs of production and delivery times (including labor costs). Thus, the organization
will be in a better position to negotiate prices and influence customers’ purchasing practices.
Furthermore, the organization should evaluate if the planning is coherent with the BSCI values
and principles, by ensuring:
• Reliability of the methodology to plan production, including delivery time,
• A good understanding of the production rate per production unit by the management,
• A good understanding of the production rate per Worker by management,
• A contingency plan is prepared by the management in case something slows down or interrupts
production,
• Awareness of the management 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 and workers Representatives with the
management?

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• understand who makes the final decision to change regular work capacity if it appears that
delivery time will not be met.
3.1.5 The organization should monitor how its business partners observe the BSCI Code of
Conduct
The organization’s monitoring occurs in different steps through a development-oriented approach.
It can be done directly or indirectly.
To ensure the effectiveness of the business partner monitoring, the organization should:
• have significant business partners to sign the BSCI Code of Conduct and relevant Terms of
Implementation
• Keep copies of these signed BSCI documents
• Include social performance criteria as prerequisites to select business partners
• institutionalize different processes to make necessary business decision and/or any corrective
actions to address risks found in the activities of business partners
• Use various ways to collect information from its business partners:
These are some examples:
¡¡ provide regular transparent reporting related to social risks
¡¡ conduct internal auditing
¡¡ provide second party or third-party audits
Coherency check: Furthermore, the organization shall ensure the coherence of monitoring
business partners within the overall its business practice.
• What mechanisms are being used by the organization to monitor business partners?
• How often does this monitoring take place?
• Who is responsible for this monitoring? Is that person or are those people competent (as a result
of training or experience)?
• How are the findings about business partners followed up?
• What are the consequences if a business partner fails to observe the BSCI Code?
• Who is informed about any relevant problem related to the business partner?
• How does the organization pass on this information (e.g. to a BSCI Participant)?

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3.1.6 The organization has to develop the necessary policies and processes to prevent and
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
To evaluate the effectiveness of the policies and procedures to address adverse human rights
impacts, the organization must ensure that:
• Management is aware of the correlation between working conditions and potential human rights
violations
• Management understands that human rights impacts can be prevented and addressed
Furthermore, the organization shall ensure the coherence of policies and procedures within the
overall its business practice.
Prevention and remediation of any adverse human rights should at least permeate:
• The regular risk assessment conducted in the company (e.g. occupational health and safety risk
assessment)
• The decision-making process regarding human resources management as well as relations with
business partners
• The available budget to address impacts and remediate victims (if relevant)
• The systematic follow up and review of the measures taken.
3.1.7 The organization should manage its business relations in a responsible manner
To evaluate the effectiveness of the way the organization manages its business relations, it must
ensure at least:
• What communication channels allow business partners to explain their difficulties as well as
progress towards aligning to the Code?
• What is the basis for terminating contracts or business relations?
• What are the specific clauses in the contracts about ending a business partnership?
Furthermore, the organization shall ensure that the way in which it manages its business relations
is coherent with the BSCI values and principles.

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The organization 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 and take
effective actions towards making improvements.
3.1.8 Documents Related to this Performance Area
• Job descriptions in which the implementation of BSCI is included,
• Documentary evidence on production capacity planning,
• Evidence that the BSCI Code of Conduct and Terms of Implementation have been distributed to
significant business partners,
• Signed BSCI Code of Conduct and relevant Terms of Implementation if farms are part of the
scope of the audit,
• Evidence of business partners’ social performance (quarterly reports, audit reports, valid
certificates),
• Evidence of qualifications of the person in charge of implementing BSCI, &
• Documentary evidence of the social policy and procedures to implement BSCI.

3.2 Workers Involvement and Protection


3.2.1 The organization should have good management practices that involve workers and
their representatives in sound information exchange on workplace issues;
To evaluate the effectiveness of the way that the organization manages its business relations, it
must ensure at least:
• Has established communication structures to genuinely involve workers and their representatives,
• Management exchanges information on workplace-related issues with workers and their
representatives,
Furthermore, the organization should ensure if the way in which it involves workers and their
representatives is coherent with the BSCI values and principles.
• How often do the management and workers meet to discuss about improving working conditions?
• Are there minutes of such meetings taken, kept and available for consultation?
• How is the workers representative elected?
• Are there records of the election process?
• Are the elections impacted by undesirable interference from the management?

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• How does the management follow up on workers’ requests or complaints?


• How are the concerns of the most vulnerable workers (e.g. migrants, young workers) taken into
account?
3.2.2 The organization should define long-term goals for protecting workers in line with the
aspirations of the BSCI Code of Conduct
The effectiveness of long-term goals cannot be evaluated as, by definition, they have not yet been
implemented. Instead, the organization ensure the feasibility.
Furthermore, the organization shall ensure if the way in which it has defined its long-terms goals
is coherent with the BSCI values and principles.
• Are the vision, mission and objectives of the company in line with the BSCI Code?
• Do the long-term goals reflect a step-by-step approach toward sustainable improvements?
• Are the workers and workers representatives genuinely involved in defining these goals?
• Is the strategic plan to achieve those goals in writing and approved by the competent person (or
governance body)?
3.2.3 CRUCIAL – the organization should take specific steps to make workers aware of their
rights and responsibilities
To evaluate the effectiveness of the steps taken to raise workers’ awareness, the organization must
ensure at least that:
• Workers who are interviewed have a good understanding of their rights and responsibilities,
• Workers’ rights and obligations emanate from:
¡¡ The law.
¡¡ Work contracts
¡¡ Job descriptions
¡¡ Working rules of the workplace (as long as these rules abide by the law)
• Sources of rights and obligations must be available for workers and their representatives,
• Workers are regularly trained on their rights and obligations, &
• The BSCI Code of Conduct (not necessarily including the Appendices) is displayed in a visible
place of the workplace.

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Furthermore, the organization shall ensure how it raises awareness among the workers on their
rights and obligations in coherence with the BSCI values and principles.
• Do interviews with workers confirm that they have a good level of awareness of their rights and
obligations? Are they aware of the content of their contracts? Are they aware of the content of the
rules of the workplace?
• Is the person in charge of training workers qualified (by qualification or experience) to train them
on their rights and obligations?
• Do contracts clearly explain workers’ rights and obligations?
• Are there mandatory trainings for new workers?
• Are special trainings (e.g. in the relevant language) provided for migrant workers?
• Are workers trained on occupational health and safety? Are workers trained on how to use the
grievance mechanism? (With special attention to young workers)
IMPORTANT – Trainings are mandatory for any new worker (even if he or she has been
engaged via a recruitment agency). Migrant workers need to be trained and must receive a
version of the work contract in a language they understand.

3.2.4 The organization should build sufficient competence among managers, workers, and
workers representatives to successfully embed responsible practices in the business
operation.
To evaluate the effectiveness of the capacity building activities taken by the organization, the
organization at least ensure that:
• Trainings are granted for workers representatives, managers and other decision makers
• Management regularly receives:
¡¡ Informative sessions on the BSCI Code of Conduct
¡¡ Specific training for human resources, OHS and the grievance mechanism personnel
¡¡ Feedback on the BSCI Audit results and follow up
• The organization should have training materials related to BSCI Code content, made available
for the management

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Furthermore, the organization should ensure if the ways in which it builds internal capacities is
in coherence with the BSCI values and principles as:
• How often are directors, managers and workers representatives trained on the content of the BSCI
Code?
• Is the material for the trainings available?
• Do interviews with managers and other decision-makers confirm a good level of awareness on
social responsibility and the content of the BSCI Code?
• Is the person in charge of the training qualified to train the audience?
• Is this person external or internal staff? (If the organization has internal staff who are sufficiently
qualified to train others then it is a very good sign as it shows willingness to build internal
capacities).
• Are there mandatory trainings, at least for newcomers, on the content of the BSCI Code?
3.2.5 The organization should have established, or participates in, an effective operational-
level grievance mechanism for individuals and communities.

To evaluate the effectiveness of the grievance mechanism (established or endorsed by the


organization), the organization must at least ensure that:
- Workers and communities can lodge grievances through such a mechanism.
- The grievances lodged can relate to its actions and/or inactions that represent a potential
breach of workers’ or communities’ rights.
The written procedure for the grievance mechanism defines:
• A person responsible for its administration,
• Potential conflicts of interest and how to overcome them (e.g. if a grievance is against the person
who administers the mechanism),
• Timelines to address grievances,
• Process for appeals or escalation as an additional guarantee,
• Communication process to ensure that workers and community members have access to the
grievance mechanism. This includes workers representatives, seasonal, migrant, temporary, young
and female workers,

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• Alternative ways for lodging a complaint (e.g. through a workers representative or directly to the
management),
• Record system of grievances lodged, including how they were investigated and addressed, &
• Regular survey on the grievance procedure.
Furthermore, the organization shall ensure how it defines and manages the grievance mechanism
in coherence with the BSCI values and principles as:
• Is there a system to keep records on the grievances lodged and the history of the solutions and
remediation taken?
• Are there additional measures taken to avoid any kind of discrimination to access the grievance
mechanism?
• Are workers representatives duly informed and involved (when applicable) so grievances are
processed and investigated with the utmost guarantees?
• Are there indicators of satisfaction among the users?
3.2.6 Related Documents
• Documentary evidence of the workers representative election,
• Documentary evidence of regularly scheduled workers meetings,
• Records of agreements with workers representatives,
• Employment contracts including those related to security personnel, cleaning, and other services,
• Job descriptions in which the implementation of BSCI is included,
• Working rules,
• Evidence of a training calendar for workers and management,
• Documentary evidence of training given to workers, management and human resources (e.g. list
of attendees with signatures),
• Documentary evidence of trainer competence, &
• Documentary evidence of grievances lodged/investigated.

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3.3 The Rights of Freedom of Association And Collective Bargaining:


Explanation: The rights of freedom of association and collective bargaining are core labor
standards and inalienable human rights. Union’s membership must not be required, nor hired or
rendered ineffective.
Expectation: All workers should have the right to form and join trade unions of their choice and
to bargain collectively. The rights regarding freedom of association and collective bargaining are
not restricted by law.
Freedom of Association: The right of workers to form and join organizations of their own
choosing is an integral part of a free and open society. An open and trustworthy dialogue between
the management and the workers is the first step towards freedom of association and collective
bargaining.
Collective Bargaining: Freedom of association is a separate right from collective bargaining and
it can be exercised even when there are no trade unions present. The legitimacy of both the
collective bargaining process and collective bargaining agreement is questionable when the
essential right of workers’ freedom of association is not respected.
Restriction of workers’ organization: A company that restricts workers’ rights to join an
organization or a union, or to associate freely, is very unlikely to maintain good labor practices.
These restrictions can be already applied, but very often can be discovered in hidden or subtle
forms of discrimination, informal restrictions or intimidation.
The importance of training the workers and key management as well as setting up an operational
grievance mechanism becomes evident to actively encourage these rights.
3.3.1 The organization should respect the right of workers to form unions in a free and
democratic way
To evaluate the effectiveness of organization respect for workers’ rights to form unions, it must at
least ensure that:
• Workers establish and join workers’ organizations of their own choosing,
• Workers do not need previous authorization from the organization to join or establish a workers’
organization, &
• Workers’ organizations are formed in a democratic manner.

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Furthermore, the organization should ensure if the ways in which it allows workers’ rights
comply with the BSCI values and principles as:
• Has management interfered to prevent workers’ participation in meetings regarding unions or
other workers’ organizations?
• Has management discouraged or interfered in the election process of union members or workers
representatives?
• Has management appointed a workers representative to undermine the workers democratic
election?
• Has 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).
• Have workers suffered any retaliation for participating (actively or passively) in election
processes of workers representatives?
3.3.2 CRUCIAL – The organization shall respect workers’ right to bargain collectively
Collective bargaining is the process used by trade unions or workers representatives and employers
to negotiate the provisions that reflect the terms and conditions of employment for workers. It
confers to them their rights, privileges and responsibilities.
To evaluate the effectiveness of its respect for workers’ rights to bargain collectively, the
organization must at least ensure that:
• Collective bargaining is used to set the rules by which the workplace is regulated and
remunerated,
• Agreements are regularly renegotiated to adapt to new circumstances,
Furthermore, the organization shall ensure how it respects workers’ right to bargain collectively
so that this right is in coherence with the BSCI values and principles as:
• Does the organization demonstrate understanding of the collective bargaining process?
• Do employment contracts include stipulations contrary to a collective bargaining agreement?
• Without any justification, do the stipulations of a collective agreement fail to apply to all workers
in the same category?

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• Has the management made “arrangements” to avoid the workers representative or the trade union
to negotiate on behalf of the workers?
• Has the workers representative received any benefit from the organization for giving up on certain
aspects of the negotiation?
• Is there documentary proof of recent or the latest collective bargaining agreement?
Is the document available? Has the workers representative explained the content to workers?
3.3.3 The organization should not discriminate against workers because of their trade union
membership
To evaluate the effectiveness of the organization non-discriminatory behavior with respect to
unionized workers, it must at least ensure that:
• Neither workers nor their representatives are discriminated against nor suffer other repercussions
because:
¡¡ They freely exercise their right to organize.
¡¡ They are members of a trade union.
¡¡ They participate in or organize legal activities of their union or workers’ organization.
• Any other circumstance occurs that discourages workers from exercising the rights of freedom
of association and collective bargaining
Furthermore, the organization shall have the methods how it ensures no discrimination against
workers takes place so it is in coherence with the BSCI values and principles as:
• Are candidates for a working position rejected because of their affiliation to a trade union?
• Do workers who are members of a trade union receive less access (or no access at all) to overtime;
training; social benefits?
• Are union members or sympathizers promoted to higher positions in the company?
• Is there any evidence of worker dismissals due to being unionized?
3.3.4 The organization should not prevent workers representatives from accessing or
interacting with workers in the workplace
To evaluate the effectiveness of non-interference of it, the organization must at least ensure that:
• It recognizes workers representatives’ access to the workers in the workplace

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• It understands that not allowing a workers representative to access workers in the workplace
represents interference with the right of freedom of association
• If organized in line with the law, meetings with workers representatives shall be arranged during
working hours and workers’ pay cannot be deducted
Furthermore, the organization shall ensure how it avoids interfering with workers
representatives to comply with the BSCI values and principles as:
• Are workers representatives present in the production site(s)?
• Are there clear mechanisms to allow workers to contact and meet the workers representative?
• Are there regular meetings between the workers representative and the management?
• Are there grievances lodged with the support of the workers representative?
• How is the interaction between workers and their representatives perceived by it?
3.3.5 Related Documents
• Documentary evidence of the workers representative election
• Collective Bargaining Agreement (if applicable)
• Minutes or documents of meetings that led to the collective bargaining agreement (if applicable)
• Recruitment and dismissal procedures and records

3.4 No Discrimination
Explanation: There are two kinds of discrimination: direct and indirect. Direct discrimination
occurs when certain characteristic are used as an explicit reason for preventing people from
exercising their rights. Indirect discrimination occurs when there are criteria or practices
operating, which have the effect of discriminating against certain groups of people, by putting
them at a disadvantage compared with others, and which cannot be justified as proportionate.
Expectation: No discrimination shall be tolerated in hiring, remuneration, access to training,
promotion, termination, or retirement based on gender, age, religion, race, caste, social
background, disability, ethnic and national origin, nationality, membership in workers’
organizations including unions, political affiliation, sexual orientation, or any other personal
characteristics.

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Global phenomenon: Discrimination is a global phenomenon that bars people from some
occupations, denies them a job altogether or does not reward them according to their merit because
of the color of their skin, gender or social background.
Broaden interpretation: In some cultures, discrimination may be very subtle. It is important to
broaden the interpretation to include a range of individual characteristics, including race, language,
religion and other differentiators as objects of discrimination.
Most pervasive forms: The most pervasive forms of discrimination can be found with regard to
exploitation of migrant workers, including:
• Confiscation of passports
• Failure to provide employment contracts
• Non-payment or under-payment of wages
• Illegal deductions from wages
• Long working hours
• Substandard living conditions and denial of water and food
• Use or threats of violence
Directly and indirectly: These kinds of behavior are not acceptable in companies that belong to
BSCI Participants’ supply chains. Companies need to assess, prevent or stop any discriminatory
practice in which they may be directly or indirectly involved. They must be extremely vigilant
when using labor brokers or recruitment agencies. Such brokers and agencies may bring to
business enterprises these kinds of social risks and ultimately might damage commercial relations
within international markets. The grounds for discrimination are mentioned in the BSCI Code of
Conduct.
3.4.1 CRUCIAL – The organization shall take the necessary measures to avoid or eradicate
discrimination in the workplace
To evaluate the effectiveness of the measures taken by it to avoid or eradicate discrimination, the
organization must at least ensure that:
• It does not use arguments that could be considered discriminatory when:
¡¡ Hiring
¡¡ In the workplace or as part of any daily work activities

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¡¡ Firing
¡¡ promoting or offering training opportunities
¡¡ paying social benefits
• It pays particular attention to avoid discrimination against vulnerable groups like disabled
workers, pregnant women or migrant workers
• It follows 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 and enforce a policy to discourage these kinds of behaviors and follow up on the
improvements
• It does not use health conditions for discrimination:
¡¡ for example, medical testing, virginity tests, and use of contraception or equivalent shall not be
used as requirements or preconditions 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 cannot be used for discriminatory purposes. Instead, additional measures
of protection should be taken.
Furthermore, the organization shall understand how it ensures that no discrimination against
workers takes place so it is in coherence with the BSCI values and principles as:
• How transparent are the grounds for a worker to be hired, promoted, or fired?
• What are the grounds for workers to be entitled to social benefits? Is overtime allocated as a
means of giving rewards or punishment?
• How is the non-discrimination policy enforced? How and how often is management trained on
this policy?
• How is this policy communicated to business partners, particularly recruitment agencies? What
measures are taken in case of any breach of this policy?

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3.4.2 The organization should 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
To evaluate the effectiveness of the measures taken by it to prevent and/or remediate
discrimination based on workers’ complaints, the organization must at least ensure that:
• Workers have the possibility to submit complaints about infringements of their rights without
having to fear reprisals
• it has the necessary preventive measures in place to avoid discriminatory practices based on
reprisals (e.g. instructing the human resources department and supervisors that disciplinary
measures or dismissal cannot occur based on such complaints)
• It puts in place corrective measures or compensation in cases of unfair dismissal or if other forms
of discrimination may have occurred
Furthermore, the organization shall understand how it ensures that no discrimination against
workers takes place so it is in coherence with the BSCI values and principles as:
• Are all workers that lodged a grievance still part of the workforce? If not, what are the
circumstances under which the worker left the company, or was dismissed?
• Does it conduct satisfaction surveys on the grievance mechanism? How often? Are there records
available of these surveys?
• How are the measures to avoid discipline, dismissal or discrimination translated into the working
rules? How and how often is management (including supervisors) trained on these measures?
3.4.3 The organization should 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
In addition to the written procedure, the organization maintains records on disciplinary incidents.
Effectiveness: To verify the effectiveness of the measures taken by it, the Organization must at
least ensure that:
•It has a written procedure describing reasons for disciplinary measures,
• It needs to be well-informed on what the national legislation states about which disciplinary
measures are legally accepted and which are not, &

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• Disciplinary measures cannot be against the law.


Furthermore, the organization shall understand if the measures taken by it are coherent with the
BSCI values and principles as:
• Are all workers aware of the reasons for disciplinary measures?
• Have workers and their representatives been involved let alone consulted in the development of
disciplinary measures and procedures?
• Are the minutes of the consultation process kept in its records?
• Have disciplined workers been interviewed?
• How are the disciplinary measures translated into the working rules? How and how often is
management (including supervisors) trained on these measures?
3.4.4 Related Documents
• Documentary evidence on disciplinary procedures,
• Documentary evidence on disciplinary cases and the measures taken,
• Documentary evidence of workers’ performance assessments and procedures,
• Work contracts or agreements, including with recruitment agencies, &
• Documentary evidence of grievances lodged/investigated (e.g. BSCI Template 8:
Grievance Mechanism filled in).

3.5 Fair Remuneration (Wages and Compensation)


3.5.1 CRUCIAL – The organization shall compile with the government’s minimum wage
legislation or the industry standard approved through collective bargaining
The organization must be aware of the legal minimum wage applicable for it or the valid collective
bargaining agreement applicable for the sector or industry. The organization shall use as a
threshold whatever is more favorable for the workers.
To evaluate the effectiveness of its remuneration practice, the organization must at least ensure
that:
• It does not pay any wage below the minimum established by the law or the collective bargaining
agreement
• Workers who are paid the minimum wage only have to work regular time. They do not have to
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• The verified payroll sample covers a significant period of time (e.g. 12 months before the date of
the audit).
Furthermore, the organization shall ensure that its remuneration practice is coherent with the BSCI
values and principles.
• Part-time workers: Do part-time workers receive at least the minimum wage or relevant
industry standard on a pro-rata basis?
• Piece-rate workers: Does the number of pieces produced in 8 hours amount to no less than the
minimum wage per day, defined by law?
• In probation: Is the remuneration of workers in probationary periods in accordance with the
law?
• Hired through agencies: Does it keep records on how, how much and when the agency pays
these workers?
• In a cooperative: Do the by-laws or internal regulations clearly specify how workers and how
the cooperative’s members are remunerated and when? Are specifications on loans and possible
advance payments respected and documented? Are these specifications approved in a General
Assembly, by the majority, also defined in the by-laws?
3.5.2 The organization should ensure wages are paid in a timely manner; regularly and fully
in legal tender
To evaluate the effectiveness of its remuneration practice, the organization must at least ensure
that:
• It respects the three characteristics of wage payment.
¡¡ Timely: As agreed and communicated to workers prior to their engagement
¡¡ Regularly: With a frequency that allows the worker to make use of her/his earnings without
incurring debts
¡¡ Fully in legal tender: The work performed by the workers in regular working hours is to be
paid in legal tender only
• It only pays in kind if:
¡¡ The payment in kind is done on top of the amount due in legal tender
¡¡ The payment in kind is never made in alcohol or other drugs

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Furthermore, the organization shall ensure that its remuneration practice is coherent with the BSCI
values and principles.
• Does the organization pay particular attention to the way seasonal workers and piece rate workers
are paid?
• How is regular payment agreed and communicated in these cases? What special guarantees are
defined by it?
• How are transportation and/or housing considered in the remuneration? (If applicable)
• How are personal protective equipment and other tools needed to perform the job evaluated by
it? (Even if they are not to be considered as part of the remuneration)
• Does it pay special attention and act diligently when using recruitment agencies or labor brokers?
• Is the organization aware of how and when workers receive payment from the agency?
• Does it keep these records as part of its own record keeping?
3.5.3 The organization should ensure the level of wages reflects the skills and education of
workers
To evaluate the effectiveness of the way that it takes skills and education into consideration, the
organization must at least ensure that:
• it takes into consideration skills and education in the hiring process
• it adapts the remuneration to the workers’ skills to encourage improvements in quality and
stability of the employment relationship
• it does not use unskilled workers to conduct qualified jobs. This represents a social risk (e.g.
evasion and OHS issues), which will need to be reported in the relevant Performance Area
• it 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
• it conducts workers’ training on a regular basis to strengthen their skills
Furthermore, the organization shall ensure how it takes into consideration workers skills to be
coherent with the BSCI values and principles as:
• Are there job descriptions available with the kinds of skills required to perform such jobs?
• Is the person in charge of recruitment trained to evaluate the level of competence?
• Does the organization guarantee regular trainings to workers?

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• Are the people in charge of conducting occupational health and safety risk assessments consulted
to determine the type of skills in demand?
• Does the organization have mechanisms in place to ensure more skillful workers pass their
knowledge onto junior workers?
• Are the workers who are hired to conduct certain tasks in possession of the necessary skills? Are
they remunerated accordingly?
3.5.4 The organization should provide sufficient remuneration that allows workers to meet
a decent standard of living
To evaluate this condition, the organization must have calculated a living wage estimate relevant
for the region and based on the Social Accountability International method or an equivalent
reference from governments, trade unions or NGOs.
To evaluate the effectiveness of the way that it takes decent standards of living into consideration,
the organization must at least ensure that:
• It is aware that fair remuneration concerns all workers regardless if they are permanent or
seasonal; regardless if they are directly or indirectly engaged
• It has a good understanding about:
¡¡ Living costs of the workforce in the country
¡¡ Possible gaps that exist between the actual remuneration and the fair remuneration figure
¡¡ identifying potential actions to fill the gaps
• Total remuneration that should be provided by the organization includes:
¡¡ Wages 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 and bonuses
¡¡ Subsidized or free transportation
¡¡ Subsidized or free-living space
¡¡ Subsidized or free canteen services
¡¡ Opportunities for education or training
¡¡ Premium paid overtime

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• Remuneration does not include the cost of:


¡¡ Uniforms
¡¡ Personal protective equipment
¡¡ Training that is mandatory as part of the job requirement. For example, occupational health and
safety training
¡¡ Any tool essential to conduct the job
In order to give a monetary value to trainings, the organization should calculate the training time
at the rate of the regular wage.
Furthermore, the organization shall ensure that the way that it takes into account decent standards
of living complies with the BSCI values and principles as:
• Is the person in charge of recruitment aware of the standard of living in the region?
• Does the organization guarantee regular information to workers on what is considered
remuneration?
• Are workers representatives consulted when defining the remuneration practice?
• Are there grievances lodged related to remuneration as well as the quality of benefits provided?
• Are different aspects of remuneration adequately detailed in the payroll?
3.5.5 The organization should provide workers with the social benefits that are legally
granted
The organization shall ensure if the collective bargaining agreement includes additional social
benefits beyond what is mandated by law. If yes, the question is evaluated using the collective
bargaining agreement as the threshold.
To evaluate the effectiveness of the way that it pays social benefits, the organization must at least
ensure that:
• It pays the social benefits in addition to the minimum wages and never as a way to allow workers
to only attain the minimum
• It pays social benefits to all workers regardless if they are:
¡¡ Seasonal workers
¡¡ Paid based on productivity
¡¡ Migrant workers or any other vulnerable group of workers

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• It is aware of the social benefit content which usually includes:


¡¡ Old age pension
¡¡ Survivor’s benefit
¡¡ Family benefits and parental leave
¡¡ Medical care
¡¡ Unemployment
¡¡ Sick leave
¡¡ Disability
¡¡ Work-related injury compensation
¡¡ Vacations
• It has signed up for a commercial insurance to cover social benefits
Commercial insurance: If the country’s legislation allows the use of commercial insurance to
substitute (fully or partially) the public social scheme, the organization shall ensure 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 it complies “partially” and he/she specifies the circumstances
accordingly.
Exceptions from social benefits: The organization may submit an approval from the local labor
authority or any other authorization (e.g. from collective bargaining agreements with trade unions),
permitting exemptions from social benefits which have been legally granted. 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 organization
The organization shall have made available the original document to prove these exemptions.
Furthermore, the organization shall evaluate the way that it provides workers with social benefits
is coherent with the BSCI values and principles as:

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• Is the person in charge of recruitment aware of the (legally granted) social benefits for workers
and can he/she explain the benefits accordingly in the recruitment process?
• Does the organization guarantee regular information to workers on what are considered social
benefits?
• Are workers representatives consulted when defining the social benefits?
• Are there grievances lodged related to the quality of social benefits that it provides?
• Are different aspects of social benefits adequately detailed in the payroll?
3.5.6 CRUCIAL – The organization shall ensure that deductions are only taken under the
conditions and to the extent prescribed by the law
The organization shall ensure 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.
To evaluate the effectiveness of the way the organization ensures deductions are legal, it must at
least ensure that:
• Deductions applied by it do not result in:
¡¡ Workers earning less than the legal minimum wage
¡¡ An economic benefit for the organization
¡¡ A form of discrimination
• its approach to unproductive time is fair to the workers:
¡¡ The time workers may have spent in required meetings, training sessions or under any other
workplace conditions beyond their control. Such time cannot be deducted at the expense of the
worker but instead must be absorbed by the employer (e.g. a machine the worker uses is under
repair and this negatively impacts her/his productivity),
¡¡ If it’s production site is going to be closed down for repairs or reconstruction, the organization
properly 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 made for the use of objects, buildings or services which are directly
necessary for work. That includes entry fees and/or charges for the use of:

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¡¡ Tools and machines


¡¡ Sanitary facilities
¡¡ Drinking water
¡¡ washing facilities
¡¡ Provisions of protective clothing for workers
• Deductions for services offered by the organization (e.g. transportation or food) are charged at
local market rates or lower
• Use of the services offered by it 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 then can she/he choose 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 and established collective bargaining agreement.
Furthermore, the organization shall ensure that its deductions are coherent with the BSCI values
and principles as:
• Is the person in charge of recruiting personnel aware of applicable deductions and is he/she able
to explain the deductions accordingly in the recruitment process?
• Does the organization guarantee regular information to workers on how and under which
conditions deductions apply?
• Are workers representatives consulted when defining criteria for deductions?
• Are there grievances lodged related to potentially unfair deductions?
3.5.7 Related Documents
• Documentary evidence of legal deductions for goods and services,
• Documentation on legal minimum wages relevant for the sector,
• Documented collective bargaining agreement,
• Pay slips for workers and documentary evidence of payments,
• Fair remuneration quick-scan completed (BSCI Template 5: Fair Remuneration Quick Scan),
• Work contracts or agreements, including with recruitment agencies,
• Personnel data files for all workers (including seasonal workers),
• Documentary evidence of additional benefits (commercial insurance if applicable),

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• Documentary evidence of updated contributions to social insurance funds, &


• Lists of wage ranges and calculations including for piece rate workers.

3.6 Decent Working Hours


Excessive working hours are recurrent in the following sectors:
• The clothing and textile industry, where companies sourcing from their business partners may
often demand that the products are produced within a short time frame. For example, seasonal
work involves long hours in a short time span to meet demand
This experience should provide reasons for companies in these sectors to be even more diligent to
make the necessary changes.
3.6.1 The organization should not require more than 48 regular working hours per week,
without prejudice to the exceptions recognized by the ILO
To evaluate the effectiveness of the way it ensures regular working hours, the organization must
at least ensure that:
• Regular working hours do not exceed:
¡¡ 48 in a week
¡¡ 8 per day
• If there are exceptions, they only apply:
¡¡ For supervisory or management positions
¡¡ When by law, custom or agreement the hours of work in one or more days of the week total less
than eight hours, in which case the remaining days of the week can be extended to nine hours
¡¡ For workers employed in shifts, if the average number of working hours over a period of three
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)
These exceptions give flexibility to the limit of daily hours as well as weekly hours. However,
average working hours within three months or less cannot exceed 48 hours per week.
Furthermore, the organization shall evaluate how it enforces regular working hours to be coherent
with the BSCI values and principles as:

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• Is the person in charge of recruitment aware of the legal limits of working hours and the possible
exceptions? Can he/she explain workers’ working hours accordingly in the recruitment process?
• Are exceptions communicated and agreed upon prior to the recruitment?
• How is the definition of shifts reached? Is the workers representative involved in the process?
Are the people in charge of occupational health and safety risk assessments consulted?
• Are there grievances lodged related to alleged company disregard for regular working hours?
• How are customary and/or religious practices taken into account when the organization defines
working hours and shifts?
• Are workers aware of the regular working hours and possible exceptions? Are exceptions
documented and made available?
3.6.2 CRUCIAL – The organization shall request of overtime is in line with the requirements
of the BSCI Code of Conduct
Overtime:
• Any working hours exceeding the regular hour limit,
• It must be paid in a premium rate.
If the national legislation has set a limit of regular working hours below 48 hours per week (e.g.
40 hours per week), working hours exceeding that limit are considered overtime.
Most countries’ legislations define:
• Temporary exceptions where regular working hours can be exceeded. E.g.:
¡¡ Force majeure
¡¡ Threat or actual accident
¡¡ Urgent work to be done to machinery
• Overtime limits (e.g. no more than 3 hours per day)
• Premium rate that applies to overtime. E.g.:
¡¡ 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 and for which the national law allows a permanent exception (e.g. national law
allows these processes to have 2 shifts of 12 hours instead of 3 shifts of 8 hours per day) .To

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evaluate the effectiveness of the way it ensures fair overtime, the organization must at least ensure
that:
• It is aware of the regulation that applies to its own industry
• It enforces a procedure for overtime, particularly with regard to temporary exceptions. This
procedure:
¡¡ Originates in an agreement between workers representatives and the organization
¡¡ Sets the daily limits of work over the exceptional period
¡¡ Sets the premium rate paid by it
¡¡ Respects any other criteria defined by law.
• Legal permanent exception: If the organization belong to a type of industry covered by a legal
permanent exception, it keeps updated documentary proof of the agreement that backs up its claim.
This agreement must have force of law and 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
Furthermore, the organization shall evaluate the coherence with the BSCI values and principles
as:
• Is overtime voluntarily agreed, unless in cases of temporary exceptions (e.g. force majeure) which
need to be described in the contract?
• Is overtime exceptional rather than repeatedly added onto regular working hours?
• Does the organization take the necessary measures to ensure that overtime decreases the risk to
workers’ health and safety? Are people in charge of occupational health and safety risk
assessments consulted?
• Is the payment of overtime made in accordance with the law?
• Does it take into consideration?
¡¡ The vulnerability of temporary workers, migrant workers and piece rate workers to excessive
overtime?
¡¡ The accumulation of fatigue related to shift systems?

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¡¡ The special protection for young workers, pregnant women and night shift workers?
3.6.3 CRUCIAL - The organization shall grant workers the right to resting breaks in every
working day
To evaluate the effectiveness of the way that it grants workers the right to rest, the organization
must at least ensure that:
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 the necessary time for meal breaks according to the
law
• Night rest: Workers working during the day must have at least eight hours to sleep/ rest within
a 24-hour period
• Adequate areas: Workers 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)
Furthermore, the organization shall ensure that the way it grants resting breaks is in coherence
with the BSCI values and principles as:
• Which jobs might require more resting breaks because of danger or monotony?
• How are customs or religious practices taken into consideration for defining resting breaks?
• Are resting areas effective?
• Are workers informed about the time they have for resting breaks during the day?
• Are there grievances lodged concerning potential disrespect for resting breaks?
• Do accident records indicate more contingencies after long periods of work without resting?
3.6.4 CRUCIAL – The organization shall grants workers the right to at least one day off in
every seven days
To evaluate the effectiveness of the way it grants workers the right to rest, the organization must
at least ensure that it:

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• Respects relevant regulations for days off in the country or region (e.g. the day off shall follow
national law or custom)
• Grants a full calendar day off in every seven 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 and
during the audit
Furthermore, the organization shall ensure if the way it grants one day off is in coherence with
the BSCI values and principles as:
• How are customs or religious practices taken into consideration for the day off?
• Are workers informed about the time they have for resting breaks during the day?
• Are there grievances lodged concerning potential disrespect for resting breaks?
3.6.5 Related Documents
• Documented working rules,
• Pay slips for workers and documentary evidence of payments,
• Documentary evidence of the legal permanent exception covering its industry,
• Working time records,
• Documented overtime procedure including agreements with workers, &
• Documented records of accidents.

3.7 Occupational Health and Safety


The performance of a company in occupational health and safety can be seen from different angles:
• Level of observance with the laws and regulations applicable for the business activity or industry,
• Capacity to detect, assess, avoid and respond to potential threats to workers’ health and safety,
• Degree of active cooperation with workers (and/or their representatives) when developing and
implementing systems towards ensuring occupational health and safety (e.g. by setting up an
occupational health and safety committee),
• Capacity to protect workers in case of accidents including through compulsory insurance
schemes.
Regulations

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3.7.1 The organization should observe occupational health and safety regulations applicable
for its activities
To evaluate the effectiveness of how it observes applicable OHS regulations, the organization
must at least ensure that:
• It works in line with the regulations on occupational health and safety relevant for its activities
• If the country (Ethiopia) does not prescribe occupational health and safety regulations for its
sector, it seeks alternatives to ensure workers’ right to healthy working and living conditions.
This includes:
¡¡ Following international standards and specifications
¡¡ Involving workers and their representatives in the drafting and enforcement of the internal
procedure on occupational health and safety
Furthermore, the organization shall ensure that the ways in which it grants healthy working and
living conditions is coherent with the BSCI values and principles as:
• Are workers informed on the specific health risks and the necessary protocols they need to follow
to overcome those risks?
• Are workers and their representatives involved in the definition of occupational health and safety
procedures?
• Are there grievances lodged concerning potentially unhealthy or insecure working conditions?
• Do accident records indicate any contingencies related to a lack of observance towards the OHS
regulations?
• How is the information from the accident records used to improve the occupational health and
safety procedure?
3.7.2 The organization should seek to improve workers’ protection in case of accident,
including through compulsory insurance schemes
The organization should have an overview of its continuous efforts towards improving the
protection of its workforce in case of accidents. The organization should understand the different
ongoing measures that have been put in place. The endorsement of compulsory insurance schemes
is one example of these measures.

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To evaluate the effectiveness of the ways in which it seeks to improve workers’ protection, the
organization must at least ensure that:
• It involves workers and their representatives to identify better ways to protect workers from
accidents
• It provides regular training for workers and management on how to avoid accidents and minimize
their impacts
• It regularly analyses the accident records to gather lessons learned and adjust the protocols
accordingly
Furthermore, the organization shall ensure how it seeks to improve workers’ protection in
coherence with the BSCI values and principles as:
• Are workers informed of the threat of and actual accidents as well as the protocols they need to
follow to overcome those risks?
• Are workers and management regularly trained by a competent person?
• Are there grievances lodged concerning potentially unhealthy or insecure working conditions?
• Do accident records indicate the cause of accident and have lessons learned been taken into
consideration to adjust safety protocols? How and how often is this information from the accident
records used?
Risk Assessment
3.7.3The organization should regularly carry out risk assessments for safe, healthy and
hygienic working conditions
To evaluate the effectiveness of the way that it carries out risk assessments, the organization must
at least ensure that:
• It recognizes potential deficiencies by conducting OHS risk assessments on a regular basis
• The organization is able to determine to what extent these deficiencies could result in substantial
danger for workers (severity versus likelihood), and what kinds of preventive or remedial measures
are necessary
• It uses the risk assessments to develop and maintain an action plan which contains all the
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Furthermore, the organization shall evaluate that the way in which it carries out risk assessments
is coherent with the BSCI values and principles as:
• Is the risk assessment appropriate to ensure the safety and health of all workers? Does it cover
all production activities, workplaces, machinery, equipment, chemicals, tools and processes?
• Does the risk assessment use relevant standards as a reference (e.g. national law and/or
international standards)?
• Does it take into consideration the special needs of the most vulnerable workers such as pregnant
women and new mothers, young workers, migrant workers? The list is not exhaustive but it is up
to the organization to identify these workers.
• Does the risk assessment take into consideration the transmittable and non-transmittable diseases
in the work environment? Does it include regular monitoring and testing? Does it include
consultation with workers and their representatives?
• Does the organization allocate adequate human and financial resources to ensure that the
identified risk(s) are mitigated?
3.7.4 The organization should ensure active cooperation between management and workers
(and/or their representatives) when developing and implementing systems towards ensuring
OHS
Active cooperation between management and workers and their representatives presents an
opportunity to understand:
• Urgent demands from workers that need to be solved in the short-term
• Necessary medium- and long-term improvements to eventually implement
To evaluate the effectiveness of how its management cooperates with workers, the organization
must at least ensure:
• To what extent workers and their representatives are consulted during the risk assessment, the
development and implementation of the OHS systems
• It has set up an occupational health and safety committee (or alternative structure) of
democratically elected workers representatives
• The OHS committee is regularly active and meeting minutes record their decisions

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Furthermore, the organization shall ensure how its management cooperates with workers to
comply with the BSCI values and principles as:
• Do workers who are members of the OHS committee or equivalent structure receive the adequate
training?
• How often does the OHS committee (or alternative structure) meet? How are their
recommendations communicated to the decision-maker(s)?
• How often do the OHS committee recommendations get taken into consideration and what are
the organization reasons to disregard them?
Training
3.7.5 The organization should regularly provide OHS trainings to ensure workers
understand the rules of work, personal protection, and measures for preventing and reacting
to injury to themselves and fellow workers
To evaluate the effectiveness of how it provides OHS training to workers, the organization must
at least ensure:
• Meeting legal expectations: Workers training on OHS needs to meet expectations required by
national law. E.g.: Basic training usually focuses on:
¡¡ Training on how to use personal protective equipment (PPE). The training pays particular
attention to vulnerable workers and includes cleaning, replacing when damaged and appropriate
storage of the PPE
¡¡ Training on how workers need to react in case of injury to themselves and/ or fellow workers
• Appropriate training: The content of the training provides appropriate information as well as
comprehensible instructions on safety and healthy work environments for workers
• Appropriate frequency: The training frequency shall take staff turnover into account
• Supervision: Workers have the information on the hazards and risks associated with their work
and are supervised when necessary. They know what actions must be taken to provide themselves
with the necessary protection
• Adequate guidelines: Workers’ guidance and supervision takes into account workers’ levels of
education and languages that are applied to the workplace
• Evacuation and firefighting drills: These drills are documented with clear indication of:

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¡¡ Purpose
¡¡ Number of workers who participated
¡¡ Results
¡¡ Photos
¡¡ Dates
¡¡ Duration: The time for evacuating the building should be recorded and never exceed nine
minutes
Furthermore, the organization shall evaluate if its OHS training to workers is in coherence with
the BSCI values and principles as:
• Do workers receive proper training on how to use and maintain their personal protective
equipment?
• Do workers participate in evacuation drills and/or fire-fighting drills?
• Have workers received trainings on:
¡¡ Basic hazard awareness?
¡¡ Site specific hazards?
¡¡ Safe work practices?
¡¡ Emergency procedures for fire and evacuation?
¡¡ Natural disasters, as appropriate?
• Do management, supervisors, workers, and occasional visitors to areas of risk receive training?
• Are workers who operate machinery and power generators properly qualified to uphold safety
regulations and operating procedures? Qualifications can be achieved by means of training and/or
experience
• Do people working with electrical installations and equipment understand their tasks and safety
procedures?
• Do workers who handle and/or administer hazardous substances receive specific training? These
are examples of hazardous substances: chemicals, disinfectants, crop protection products, biocides
Personal Protective Equipment
3.7.6 The organization should enforce the use of PPE to provide protection to workers
alongside other controls and safety systems

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To evaluate the effectiveness of the way it enforces the use of PPEs, the organization must at least
evaluate that the personal protective equipment provided by it is:
• Effective: Offers effective protection to the worker and occasional visitors. Particular attention
shall focus on specific potentially harmful processes (e.g. sand blasting for jeans, fumigation in
agriculture)
• Comfortable: Does not cause unnecessary inconvenience to the individual
• Free of charge: The organization does not charge workers any cost for using the PPE
• Suitable: Suits the activities undertaken
Furthermore, the organization shall ensure if the ways in which it enforces PPE are coherent
with the BSCI values and principles as:
• Do workers receive proper training on how to use and maintain their personal protective
equipment?
• Is the use of PPE based on the information gathered through the OHS risk assessment?
• Is management, particularly supervisors, being trained on how to use and maintain
PPE? Are they aware of the protocol to ensure workers use PPE?
• Is there a procedure to control the quantity of PPE so that it always matches the number of
workers, including during peak time?
• Is there a procedure that aims to ensure PPE is high-quality and effectively protects workers no
matter what and regardless of costs?
• Are there any grievances lodged with regard to the potential neglect of enforcing the use of
effective PPE?

Chemicals
3.7.7 The organization should implement engineering and 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
To evaluate the effectiveness of how it implements and enforces control measures, the organization
must at least ensure that:

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• Risk assessment: It has identified the engineering and administrative control measures that may
be needed to avoid or minimize the release of hazardous substances into the work environment
• Administrative control measures: The organization implements administrative control
measures such as:
¡¡ Authorization: Only authorized workers have access to chemical substances
¡¡ Protection: Workers receive adequate protection for handling and administering chemicals
¡¡ Record keeping: Distribution, use and disposal of chemicals is properly recorded
¡¡ following instructions: The use of chemicals corresponds to the recommendations of the
manufacturer
¡¡ Labelled: The labelling of chemicals and marking of hazards are clearly understood by the
workers and are done in accordance with nationally and internationally recognized requirements.
E.g.:
-- The International Chemical Safety Cards (ICSC)
-- The Materials Safety Data Sheets (MSDS)
• Engineering control measures: The organization implements engineering control measures for:
¡¡ Expelling fumes, steam and dust outside (e.g. spot cleaning places)
¡¡ Properly disposing chemicals, even in the absence of national legal regulations
Furthermore, the organization shall ensure that the way it implements control measures is
coherent with the BSCI values and principles as:
• Do workers receive proper training on how to use both administrative and engineering measures?
• Is the implementation of control measures based on the information gathered through the OHS
risk assessment?
• Is management, particularly supervisors, trained on how to implement the control measures? Is
there a procedure to manage the quantity and effectiveness of the controls? How often are the
controls monitored?
• Is there a procedure to report alerts and repair any problem detected in the control measures?
Accident and Emergency Procedures
3.7.8 The organization should have developed and implemented accident and emergency
procedures

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To evaluate the effectiveness of the way that it implements accident and emergency procedures,
the organization must at least evaluate that:
• It understands the importance of having documented emergency procedures which are also
properly implemented
• It has visually displayed the accident and emergency procedures in a way that is clear for workers
and first-aid personnel
• It has the procedures in place to immediately stop any operation where imminent and serious
danger threatens workers’ safety and health
• It has the procedures in place to enable workers to safely evacuate the premises when needed
• It ensures these procedures are properly explained to:
¡¡ Seasonal and temporary workers
¡¡ Night workers
¡¡ Migrant workers
¡¡ Pregnant women
¡¡ Young workers and other vulnerable workers
Furthermore, the organization shall evaluate that the way that it implements accident and
emergency procedures is coherent with the BSCI values and principles as:
• Do workers receive proper training on how to act in case of accident or emergency?
Are there specific instructions for workers depending on the type of work or department?
• Are the accident and emergency procedures based on the information gathered through the OHS
risk assessment? Are the workers and their representatives involved in developing the procedures?
• Is management, particularly supervisors, trained on how to ensure workers follow the accident
and emergency procedures?
• Are there any grievances lodged with regard to the possible neglect of accident and/ or emergency
procedures?
• Is there a procedure to control the effectiveness of the procedures? How often are they monitored?
3.7.9 The organization should make visible potential hazards to the workers and visitors
through signs and warnings

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To evaluate the effectiveness of the ways in which it makes visible potential hazards, the
organization must at least ensure that:
• It is sensitive to the workers’ specific cultures and activities
• The types of signs and 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 and vehicles
Furthermore, the organization shall evaluate that the ways in which it makes visible potential
hazards is coherent with the BSCI values and principles as:
• Do workers understand the meaning of the signs and warnings?
• Is the type of hazard identified in the OHS risk assessment? Are the workers and their
representatives contributing to this aspect of the risk assessment?
• Do the types of hazards, with warnings about them, relate to accident and emergency procedures?
• Is the effectiveness of the signs regularly monitored or reported on? How often?
3.7.10 The organization should have properly used procedures and systems for reporting
and recording occupational accidents and injuries
To evaluate the effectiveness of the way it reports and records accident and injuries, the
organization must at least ensure that:
• Reporting: It has systems 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 and near-
misses should be reported.
• Recording: It keeps records on all accident and injury records by specifying:
¡¡ When the accident took place (e.g. date, peak season, picking season)
¡¡ Who was involved
¡¡ What actions were taken

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¡¡ What the final result was (death, injury)


¡¡ How the accidents (or work-related diseases) were investigated
¡¡ What prevention and remediation actions were taken
¡¡ For how long the workers were incapacitated
Furthermore, the organization shall ensure that the way it reports and records accidents and
injuries is coherent with the BSCI values and principles as:
• Do workers understand the protocol to report accidents and injuries to their supervisors? Are they
able to evaluate the seriousness of potential dangers in the workplace?
• Do workers receive training on how to prevent and respond to the most frequent accidents or
injuries that happen in their area of work?
• (How) are the accident records used to apply lessons learned to improve safety in daily
operations? How these lessons are learned incorporated into the revision of accident and injury
protocols?
• Are there indications that most accidents or injuries are experienced by vulnerable workers? Are
there specific measures meant to prevent this, so vulnerable workers receive particular kinds of
protection?
3.7.11 The organization should confirm that the equipment and buildings used for
production are stable and safe
To evaluate the effectiveness of the way in which it confirms that the equipment and buildings
used for production are stable and safe, the organization must at least ensure that:
• It knows and follows national legal requirements concerning stability, safety and appropriateness
of its building to conduct the business activities
• It knows and follows the legal requirements concerning the safety of equipment including, if
relevant, ongoing official inspections
• It has procedures in place to confirm the stability and safety of the equipment
• It maintains accurate documentation on any official and private inspection concerning building
and equipment safety and stability
• It is in possession of a valid license to conduct its activities in the related building(s)

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Furthermore, the organization shall ensure that the way in which it confirms that the equipment
and buildings used for production are stable and safe is coherent with the BSCI values and
principles as:
• Does it conduct its activities in adequate surroundings and buildings?
• Are there any grievances lodged concerning a potentially unstable or unsafe building or piece of
equipment provided by the organization?
• Are workers able to asses a potential danger associated with the building and/or the equipment?
• Are there cases documented in the accident records which show that part of the building or a
piece of equipment was unsafe?
3.7.12 Crucial – The organization shall respect the workers’ right to remove themselves from
imminent danger without seeking permission
To evaluate the effectiveness of the way it respects the workers’ right to remove themselves from
imminent danger, the organization must at least ensure that:
• It has this right properly documented in the OHS procedure
• Workers are well-informed of this right as part of the training on OHS
• Workers are well-informed on what to do in case of imminent risk of danger
• The right applies to the workplace and residential facilities provided by it.
Furthermore, the organization shall ensure that the way in which it respects the workers’ right
to remove themselves from imminent danger is coherent with the BSCI values and principles as:
• Are workers aware that they have this right? Does it apply to the workplace and residential
facilities? Does the organization take additional measures to ensure vulnerable workers understand
this right (e.g. migrant workers)?
• Are there any grievances lodged concerning potential disregard of this right?
• Are workers able to evaluate imminent danger so they to know when to leave? Are they trained
to have this awareness?
• Are there cases documented in the accident records where workers were unable to exit the
premises despite evident danger?
• Is the management able to describe the protocol that directs workers to immediately leave the
workplace or residential facilities in case of imminent danger?

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Electricity
3.7.13 The organization should make sure a competent person periodically checks the
electrical installations and equipment
To evaluate the effectiveness of the way that it ensures a competent person checks electrical
installations and equipment, the organization must at least understand that:
• The person in charge of maintaining safe electrical installations is competent by means of
training, qualification and/or experience
• The person checks the electrical installations and equipment:
¡¡ Within the pre-defined timeframe
¡¡ Randomly (e.g. in addition to regularly established checks/maintenance)
¡¡ As per request
• 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 and equipment
• People working with installations and equipment have adequate working space and 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
Furthermore, the organization shall understand that the way in which it ensures a competent
person checks electrical installation and equipment is coherent with BSCI values and principles
as:
• Are electrical installations and equipment functioning in a way that ensures a safe work
environment?

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• Are results from the checks taken into consideration to improve safety in the workplace?
• Is the workplace free from distribution lines? Electrical cords shall not pose a tripping hazard
• Are workers properly instructed to avoid possible risk of strangulation or any other accident that
could be related to electrical installations?
Fire Protection
3.7.14 CRUCIAL – The organization shall install an adequate amount of properly working
firefighting equipment
To evaluate the effectiveness of the way that it installs firefighting equipment, the organization
must at least ensure that:
• The installation of firefighting equipment is in line with the OHS action plan developed as a
result of the periodic risk assessment
• It follows national law specifications with regard to requirements for firefighting equipment. This
usually includes:
¡¡ Position and placement
¡¡ Size and effectiveness
¡¡ Maintenance and inspection requirements
• There are functioning and sufficient fire extinguishers for workplace dimensions and activities
• The firefighting equipment is:
¡¡ Distributed in an equal manner throughout the workplace
¡¡ Placed at a height for it to be effective and easily accessible by workers
¡¡ Properly identified (inventoried) with clear reference to the last serviced date and due date for
the next inspection
• The location of the fire extinguishers and the route to reach them are visually marked
• Early warning systems are installed and 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
Furthermore, the organization shall evaluate that the way in which it installs firefighting
equipment is coherent with the BSCI values and principles as:
• Is firefighting equipment functioning in a way that ensures a safe work environment?

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• Are workers properly instructed on how to use firefighting equipment? Do they know the protocol
to be followed in case of fire? Do they understand the warning signals?
• If there are other types of alarms being used in the workplace (e.g. end of shifts), are they clearly
distinct from the fire alarm?
• Are there cases documented in the accident records that resulted from fire? If yes, was the
protocol followed? What lessons were or can be drawn from those cases?
• How often are the workers trained on the use of firefighting equipment? Are workers who deal
with chemicals and other inflammable substances adequately trained?
Escape Routes and Emergency Exits
3.7.15 CRUCIAL – The organization shall ensure that escape routes, aisles and emergency
exits in the production site are not blocked, easily accessible and clearly marked
To evaluate the effectiveness of the way that it ensures accessible and visible escape routes, aisles
and emergency exits for all workers, the organization must at least ensure that:
• Escape routes, aisles and emergency exits are fully and simultaneously:
¡¡ Not blocked
¡¡ Easily accessible
¡¡ Clearly marked
• Workers and visitors can easily leave the premises in case of an incident without putting their
lives at risk
• It approaches safe evacuation in a systemic and preventive manner, which includes:
¡¡ Escape routes, aisles and emergency exits that are:
-- Not blocked or locked during working time
-- Marked without ambiguity
-- Emergency lights and any other evacuation signals are properly installed, well-functioning and
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:

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-- The number of workers


-- The size and occupancy (e.g. with regard to population density) of the building
-- The arrangement of the workplace
Furthermore, the organization shall understand that it ensures safe, accessible and visible escape
routes, aisles and emergency exits in coherence with the BSCI values and principles as:
• Are escape routes, aisles and emergency exits defined in a way that ensure a safe work
environment?
• Are workers properly instructed on how to use them? Do they understand the ways in which
escape routes, aisles and emergency are visually marked? Do they know the easiest way to follow
to exit the workplace?
• Are there any internal regulations that conflict with the requirement of unblocked exits (e.g. for
security reasons)?
• Are there cases in the documented accident records that show problems with the exits? Were any
lessons learned and put into practice?
• How often are the workers trained on the use of firefighting equipment? Are there workers who
deal with chemicals and other inflammable substances located close to the escape routes?
3.7.16 The organization should ensure evacuations plans meet legal requirements and that
these plans are posted in relevant places so workers can see and understand them
To evaluate the effectiveness of how it ensures evacuation plans, the organization must at least
ensure that:
• The plans are easy to understand to evacuate both the production area and eventually the building,
when necessary
• Evacuation plans in the workplace must be displayed and 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 and any other firefighting equipment
• it keeps in mind the cultural diversity, languages and education level of the workforce to design
an effective way to communicate the evacuation plan
• Workers understand the evacuation plan and know how to use it from their own standpoints

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Furthermore, the organization shall understand that it ensures evacuation plans are coherent
with the BSCI values and principles as:
• Are evacuation plans defined in a way to ensure a safe work environment?
• Are workers properly instructed on how to read them? Do they understand them?
Do they know the easiest way to follow to exit the workplace?
• Are there cases in the documented accident records that show if the evacuation plans have been
or are effective? Were there any lessons learned? If so, have these lessons informed current
planning?
• How often are the workers trained on the evacuation plans? Are workers who deal with chemicals
and other inflammable substances well-informed?
Machine and Vehicle Safety
3.7.17 The organization should ensure adequate safeguards for any machine part, function,
or process which may cause injury to workers
To evaluate the effectiveness of the way that it ensures adequate safeguards for any machine, the
organization must at least ensure that:
• All applicable safeguards for equipment are available and properly installed, e.g.:
¡¡ Belt encasements
¡¡ Grills for fans
¡¡ The emergency switch-off
• It ensures valid inspection and insurance for machinery and vehicles as required by law. This
may be the case for:
¡¡ Elevators, lifts
¡¡ Trucks, tractors and other potentially dangerous machines
• It ensures maintenance is carried out by competent personnel
• It keeps records of the maintenance, which includes:
¡¡ Purpose and result of the maintenance
¡¡ Name of the competent person in charge
¡¡ Applicable insurance and its validity
¡¡ Next scheduled maintenance work

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Furthermore, the organization shall understand that the way it ensures adequate safeguards for
any machine is coherent with the BSCI values and principles as:
• Are workers properly instructed on how to handle potential hazards related to machines and
vehicles?
• Are there documented cases in the accident records which resulted from machines and vehicles?
Were lessons learned? If yes, how were those lessons integrated into the OHS procedure?
• Do workers who use machines and vehicles possess the adequate qualifications to use them in a
safe manner?
First Aid
3.7.18 CRUCIAL – The organization shall ensure qualified first-aid is available at all times
To evaluate the effectiveness of the way that it ensures qualified first-aid provision, the
organization must at least ensure that:
• It respects national regulations concerning medical provisions
• If there are no such legal regulations, it ensures:
¡¡ 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/where 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 re-fill it
¡¡ Training on first-aid and related procedures to ensure emergency treatment is available at all
times
• Where immediate flushing with water is the recommended first-aid response, it ensures that
workstations are either equipped with or very near to:
¡¡ Potable water
¡¡ Eye-wash stations
¡¡ Emergency showers

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Furthermore, the organization shall understand that the way in which it ensures qualified first-
aid is coherent with the BSCI values and principles as:
• Is there a fully qualified person appointed to provide first-aid? Is the working schedule of that
person available? Are workers aware of who would replace that person?
• How often are workers trained on first aid?
• Are there cases in the documented accident records that show that workers required first aid?
Were lessons learned? If yes, how have those lessons been integrated in the OHS procedure?
• Have workers who use machines, vehicles or those who handle chemicals or those who conduct
any other risky activity been made well-aware of the first-aid protocol? Are vulnerable workers
aware of the first-aid protocol?
3.7.19 The organization should have emergency procedures, in writing, to deal with cases of
trauma or serious illness
To evaluate the effectiveness of how it emergency procedures deal with trauma or serious illness,
the organization must at least ensure that:
• 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
• Workers understand when a co-worker has to be transferred to an appropriate medical facility
• Workers know the necessary steps to ensure timely transfer to the medical facility
Furthermore, the organization shall understand if the ways in which it ensures emergencies
procedures deal with trauma or serious illness are coherent with the BSCI values and principles.
• Are there cases of trauma or serious illness found in the accident records? Were lessons learned?
If yes, how were those lessons integrated in the OHS procedure?
• Are there any grievances lodged concerning the neglect of victims of trauma or serious illness?
• Are workers working in the night shift aware of these procedures?
• Is the information on medical facilities visually displayed? Do workers know where to get this
information?
Work place, Social Facilities, including housing when provided by the organization

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3.7.20 CRUCIAL – The organization shall provide workers with potable water at all times
The right to potable water applies to the workplace facilities where workers prepare or eat food as
well as to the housing provided by the organization.
Special attention shall be given to this right in countries where the risk of dehydration may be
higher due to hot/dry weather.
To evaluate the effectiveness of the way that it ensures potable water, the organization must at
least ensure that:
• Workers have access to clean potable water at all times, not only during breaks
• 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
• it respects the characteristics and tests required for potable water as defined by national
regulations
• it ensures that there are proper signs to identify water which is not potable in places where it is
not mandatory that water be potable
Furthermore, the organization shall evaluate that the way it ensures potable water is coherent
with the BSCI values and principles as:
• Are workers aware of their right to potable water at all times? How often do they access water?
• Does it pay particular attention to the risk of dehydration? Does it go to extra efforts to ensure
vulnerable workers have access to water?
• How is water supply guaranteed? Who is responsible to ensure that water is always available?
Do workers have access to water storage?
3.7.21 The organization should provide workers with access to an appropriate, clean area
for storing food, eating and/or cooking
To evaluate the effectiveness of the way that it ensures appropriate areas for storing food, eating
and/or cooking, the organization must at least ensure that:
• Workers are provided with access to clean areas for food storage, cooking and/or eating,
including in remote areas (e.g. during harvest)
• It will follow national regulatory criteria, which usually relate to the number of workers

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• It ensures that clean and 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.
Furthermore, the organization shall understand that it ensures appropriate areas for storing food,
eating and/or cooking in compliance with the BSCI values and principles as:
• Are workers satisfied with the areas provided by it?
• How is the food stored to ensure it keeps its nutrients?
• Are records available on the cleaning shifts for these areas? Is catering subcontracted? Is the
menu displayed and are records kept?
• If there are no legal minimum criteria, does it conduct assessments to define them in consultation
with workers and their representatives?
3.7.22 The organization should provide workers with clean washing facilities, changing
rooms and toilets that are also respectful of local customs
To evaluate the effectiveness of the way that it provides workers with clean washing facilities,
changing rooms and toilets, the organization must at least ensure that:
• it follows national regulations concerning the minimum number of washing facilities and toilets
for the size of the company
• If there is no national regulations, it determines its criteria based on the OHS risk assessment and
related action plan
• it is able to explain, during the audit, the reasons for having the amount of facilities it has and the
plans to adapt the number if needed
• The toilets are sanitary. This implies: hygienic conditions, soap supply, working locks and
separate washroom facilities for women and men
• it provides 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
Particular attention shall be devoted to ensure that facilities meet workers’ needs even when the
number of workers increases (e.g. peak session).

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Furthermore, the organization shall ensure that the ways in which it provides workers with clean
washing facilities, changing rooms and toilets are coherent with the BSCI values and principles
as:
• Does the number of washing facilities, changing rooms and toilets meet the needs of the total
number of workers?
• Are gender-based needs taken into consideration?
• Does it ensure that the facilities meet workers’ needs even when the number of workers increases
(e.g., peak session)?
• Are there any grievances about a potential lax and/or unsanitary approach in how these facilities
are provided?
3.7.23 The organization should ensure provision of transportation to workers is safe and
complies with national regulations
To evaluate the effectiveness of the way that it provides transportation, the organization must at
least ensure that:
• The transportation provided to workers (either directly or using third parties) is safe and complies
with national regulations
• it is able to provide information on how workers get to the premises (e.g. using public
transportation, a bicycle)
• it ensures 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)
Furthermore, the organization shall ensure that the way it provides transportation is coherent
with the BSCI values and principles as:
• Is the organization aware of the way workers commute to work? Are workers consulted on the
most effective means of transport? Is the cost of transportation provided by it in a transparent
manner?
• Are there alternatives for workers? Is the person in charge of driving workers to the site qualified
to do so? Is that person subcontracted?

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3.7.24 The organization should have chosen 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)
To evaluate the effectiveness of the way that it provides workers housing, the organization must
at least ensure that:
• The decision on where to set up social facilities (e.g. canteens) or housing is part of the OHS risk
assessment and related action plan
• it is able explain how and why the locations were chosen, so workers (and/or their families, if
applicable) are not exposed to natural hazards or health and safety risks
• In cases where, due to the nature of the work, workers are required to live temporarily or
permanently in the undertaking, it provides adequate welfare facilities and accommodation at no
cost to the worker (e.g. agriculture and/ or animal production)
Furthermore, the organization shall ensure that it provides workers with housing in a way that is
coherent with the BSCI values and principles.
• Are workers satisfied with the housing conditions?
• Is sufficient space per individual granted?
• Does the social housing provide safe places for workers to keep their personal belongings?
• How often are they cleaned? Who is in charge of keeping the housing clean? Is there a big
fluctuation of workers/occupants coming and leaving?
3.7.25 The organization should verify that temperature, humidity, space, sanitation,
illumination are adequate for the health and safety of workers
National law usually defines the characteristics for workplaces as well as social facilities and
housing so they provide a healthy and adequate environment for workers.
Particular attention shall be devoted to cases where the organization provides workers with
housing. The rooms or sleeping quarters shall not be overcrowded, workers shall have space to
store personal items while laundry and waste disposal need to be properly organized.
To evaluate the effectiveness of the way that it verifies adequate temperature, humidity, space,
sanitation, illumination, the organization must at least ensure that:
• Space and illumination are provided in an adequate way for workers’ specific activities

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• It includes the assessment on temperature, humidity, space, sanitation and illumination as part of
the OHS risk assessment and related action plan
• It consults workers and 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
The organization shall be able to provide consistent information on the existing conditions;
improvement plans (if any); timeline; and related cost allocations to ensure these aspects of the
workplace, social facilities and housing fully respect workers’ health and safety.
Furthermore, the organization shall evaluate that the way in which it verifies adequate
temperature, humidity, space, sanitation, illumination is coherent with the BSCI values and
principles as:
• Are workers satisfied with the temperature, humidity, space, sanitation, illumination conditions?
• Are there any grievances concerning the quality of any of these aspects?
• How often are workers and their representatives consulted about these conditions?
• Is the scheduled garbage pickup displayed? How are laundry services or rooms organized?
• Are there cases documented in the accident records which show neglect for any of these
conditions? Were lessons learned? If yes, how were those lessons integrated in the OHS
procedure?
3.7.26 Related Documents
Certificates and contracts:
• Valid inspection and insurance for machinery and vehicles,
• Purchase invoices of the PPE bought by the organization,
• Valid business license and all necessary official approvals to run operations,
• Official building certificate about safety and appropriateness for the industry,
• Contract with any service provider including food services, transportation, agents.
Training:
• Documentary evidence of workers’ training on occupational health and safety,
• Workers and management training calendar,

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• Documentary evidence of workers’ qualification for those dealing with dangerous machines,
electrical installation and any other activity that requires specific training due to the level of risk.
Records and reports:
• Risk assessment for safe, healthy, and hygienic working conditions,
• Action plan for safe, healthy, and hygienic working conditions,
• Documentary evidence of updated contributions to social insurance funds,
• Occupational Health and Safety Regulations applicable for the industry,
• Documentary evidence of the election process of the health and safety committee,
• Minutes of the health and safety committee meetings,
• Documentary evidence of consumption, withdrawal and disposal of chemicals (including
Material Safety Data Sheets – MSDS),
• Official inspections conducted to ensure building and equipment safety, including date of validity
and corrective actions if any, &
• Inspection reports, maintenance records, operating and safety instructions for:
¡¡ Dangerous machines, including but not limited to lifts, electrical equipment, and high-pressure
equipment
¡¡ Firefighting equipment (e.g. inspection tags on fire extinguishers)
¡¡ Potable water at production facilities and dormitories
¡¡ Health and safety for the facilities and dormitories including but not limited to temperature,
noise level and lighting

3.8 No Child Labour


Child labor can be detected and addressed through due diligence, company recruitment and regular
dialogue with workers, workers representatives and other key stakeholders. In all cases, a child
must be protected, feel safe and able to express her/his work experiences in confidence.
Addressing child labor in the supply chain in a responsible way is very complex; especially in
locations where child labor may be common. Removing them from work may force them to enter
worse forms of exploitation or greater vulnerability.
3.8.1 CRUCIAL – The organization shall not engage in illegal child labor directly or
indirectly

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Children who are working younger than 15 years old (or younger than 15 years old in countries
that have set that age as the threshold), is regarded as child labor, unless it is light work (defined
below).
Child labor occurs when work:
• Is done by a person who is younger than 15 years old (or someone who is younger than 15 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
and
• It is not “light work”
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 14 years old (or at least 14 years old in countries that have set a minimum
age of 15)
• 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 interfere 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 jeopardize peoples’ health, safety and/or
morals.

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To evaluate the effectiveness of how it ensures not to engage in illegal child labor directly or
indirectly, the organization must at least ensure that:
•it has taken the necessary measures to:
¡¡ Understand what child labor is, particularly by building the awareness of supervisors and
recruitment staff
¡¡ 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)
• It keeps accurate records of:
¡¡ Migrant and/or seasonal workers children’s names, ages, school schedules and information on
their schools
¡¡ Age and identity cards of workers engaged via recruitment agencies
¡¡ Agencies’ recruitment procedures to avoid engagement of children or illegal workers (among
others)
• It keeps contact details of the stakeholder(s) to be involved in the solution of child labor cases
Furthermore, the organization shall understand that the way in which it ensures not to engage
in illegal child labor directly or indirectly is coherent with the BSCI values and principles as:
• Are the questions in the recruitment procedure respectful to individuals?
• Does it take into consideration gender issues?
• Is it particularly vigilant if it is based in a region with a high level of migration and seasonal
workers?
3.8.2 The organization should 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
To evaluate the effectiveness of the way that it establishes robust age-verification mechanisms, the
organization must at least ensure that:

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• 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
¡¡ 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 the person or people in charge of hiring workers and dealing with high-risk situations
¡¡ Training the person or people 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)
• The age verification mechanism is documented, including the type of questions used by the
recruiter to cross verify the age claimed by the worker
• The age verification mechanism is triggered only in cases where the person in charge of
recruitment may have doubts about the age claim
Furthermore, the organization shall ensure that the way it establishes robust age-verification
mechanisms is coherent with the BSCI values and principles as:
• Are the questions in the recruitment procedure respectful to individuals?
• Does the age-verification mechanism take into consideration gender issues?
• Do workers usually have identification cards?
• Are medical check-ups used to support the verification of age?
• Is the organization particularly vigilant if it is based in a region with a high level of migration
and seasonal workers?
• Is the person in charge of human resources adequately trained on age verification?
3.8.3 The organization should have adequate policies and procedures in writing toward
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To evaluate the effectiveness of the way that it protects children from exploitation, the organization
must at least ensure that:
• The policies and procedures aim at avoiding any exploitation of children, both directly and
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 and humane way
Furthermore, the organization shall ensure that the way it protects children from exploitation is
coherent with the BSCI values and principles as:
• Is there any hazardous working condition in the workplace that could be problematic even for
adults? If yes, what kind of measure is absent but needs to be put in place to reduce or eliminate
the hazard(s)?
• Is the business based in a region/area where drug trafficking, prostitution or any other illegal
activity is recurrent? If yes, what additional measures shall be taken?
• Is the business based in a region/area where family poverty could be the driving force behind
child labor?
• 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?
3.8.4 The organization should have adequate and remedial policies and procedures to
provide for further protection in case children are found to be working
Having a policy of only engaging adults is not considered a preventive measure.
Possible alternatives: The organization needs to understand child labor risks (through its own
recruitment or indirectly) and the possible alternative for an adequate removal and rehabilitation

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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: The organization need to 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. This might be more appropriate than drastically and immediately removing the child without
any supervision. He or she may end up drifting back or disappearing into less visible and more
exploitative, hazardous, illegal types of work.
To evaluate the effectiveness of the way that it provides for further protection in case children are
found to be working, the organization must at least ensure that:
• it has developed and maintains policies and procedures for remediation in case child labor occurs
• The remediation procedure includes removal and rehabilitation of the children
• The remediation procedure has as the ultimate goal that the child is better off as a result of being
removed, rehabilitated or prevented from working
• it understands 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
and government agencies with mandates to protect children.
Furthermore, the organization shall evaluate that the way in which it provides for further
protection in case children are found to be working is coherent with the BSCI values and principles.
• Does it understand why child labor needs to be eradicated?
• Does it understand that a child who is found working needs to be responsibly rehabilitated into
society?
• Does it understand that a progressive removal may in some cases be the best solution?
• Are there any grievances lodged concerning any potentially irresponsible removal of a child?
3.8.5 Related Documents
• Personnel data files for all workers (including seasonal workers and workers hired using
recruitment agencies),
• Age-verification procedure,

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• Documentary evidence of training given to workers, management and human resources (e.g. list
of attendees with signatures),
• Procedure to avoid children exploitation,
• Child labor remediation procedure, &
• Work contracts or agreements, including with recruitment agencies.

3.9 Special Protection for Young Workers


Young workers have specific rights as they can be vulnerable to precarious employment
arrangements, unfair remuneration and OHS hazards.
3.9.1 The organization should ensure that young persons do not work at night and are
protected against conditions of work which are prejudicial to their health, safety, morals and
development
To evaluate the effectiveness of the way that it ensures special protection to young workers, the
organization must at least ensure that:
• The job tasks assigned to young workers always consider their health, safety, morals and long-
term development
• Even if it does not engage young workers at the time of the audit, it shows a good understanding
of what activities would be potentially harmful for young workers
• Young workers are adequately protected against any harmful working condition - potential or
actual - for their health, safety, morals and/or development
• Young workers are not engaged in night shifts
The period of time that qualifies as “night work” is usually defined by national law. Without a
defined national law, BSCI considers “night work” as all work which is performed during a
minimum period of seven consecutive hours, including the interval between midnight and 5 am,
as defined by the ILO.
Furthermore, the organization shall understand that the way it ensures special protection to
young workers is coherent with the BSCI values and principles.
• Are young workers satisfied with their task(s) and work schedules?
• Is management, particularly those in charge of human resources and supervisors, aware of the
special protection granted to young workers?

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• Is there a higher percentage of accident occurrence for young workers than for other categories
of workers?
3.9.2 CRUCIAL – The organization shall ensure that young workers’ working hours do not
prejudice their attendance at school, their participation in vocational orientation approved
by the competent authority or their capacity to benefit from training or instruction
programs.
To evaluate the effectiveness of the ways in which it ensures working hours do not prejudice young
workers, the organization must at least ensure that:
• It respects young workers’ right to education
• it ensures that the combination of working time, school time and transport time do not exceed 10
hours in a day if workers are enrolled in:
¡¡ Local compulsory education
¡¡ Any other vocational orientation or training programs approved by the competent authority
• It ensures that internal trainings are organized so young workers can attend. The timing of the
trainings cannot coincide with young worker attendance to school or vocational training
Furthermore, the organization shall evaluate that the ways in which it ensures working hours do
not prejudice young workers are coherent with BSCI values and principles.
• Are young workers satisfied with the work schedule?
• Have there been any internal trainings organized at times when young workers could not attend?
• Are supervisors aware of the time that young workers work? Do they take additional measures
to ensure that young workers do not exceed the 10 hour daily limit (work, school, transport)?
• Are there cases when young workers were promoted after having finished vocational training?
3.9.3 CRUCIAL – The organization shall have to establish the necessary mechanisms to
prevent, identify and mitigate harm to young workers
To evaluate the effectiveness of how it establishes the necessary mechanisms to not prejudice
young workers, the organization must at least ensure that:
• The OHS risk assessment and related action plan pay specific attention to young workers
• Workers and their representatives are consulted and involved in identifying the most appropriate
preventive and mitigation measures

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• The mitigation measures are properly documented and practiced, when applicable
Furthermore, the organization shall ensure that the ways in which it establishes the necessary
mechanisms to not prejudice young workers is coherent with the BSCI values and principles as:
• Are there any cases in the accident records that show that the mitigation measures were applied
to young workers? Were there any lessons learned? If yes, how have they been integrated in the
revision of the OHS action plan?
• Are there special preventive and mitigation measures to address young female workers?
• Are supervisors aware of the preventive and mitigation measures to avoid harming young
workers?
3.9.4 The organization should seek to ensure young workers have access to effective
grievance mechanisms
To evaluate the effectiveness of the ways in which it ensures young workers have access to
effective grievance mechanisms, the organization must at least ensure that:
• Young workers receive special training on how to lodge a grievance
• Young workers are properly informed on the available support provided to them to lodge a
grievance
• Young workers are trained regardless of the circumstance of employment: seasonal,
subcontracted or directly engaged
• It keeps records of training provided to young workers, concerning the existence and use of the
grievance mechanism
Furthermore, the organization shall understand that the ways in which it ensures young workers
have access to effective grievance mechanisms is coherent with the BSCI values and principles.
• Are young workers satisfied with the quality of trainings? Do they understand the steps to lodge
a grievance and who could help them in the process?
• Does it pay particular attention that young female workers have access to the grievance
mechanism?
• Are there any grievances lodged by young workers? Are there any grievances lodged about
possible laxity in protecting young workers?

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• What are the lessons learned? How are they integrated in the revision of the grievance
mechanism?
• Are supervisors made aware and instructed to provide support to young workers to access and
utilize the grievance mechanism?
3.9.5 The organization should seek to ensure that young workers are properly trained on
OHS and have access to related training programs
To evaluate the effectiveness of the way that it ensures young workers are properly trained on
OHS, the organization must at least ensure that:
Young workers receive occupational health and safety training on the specific risks they face as
young workers as well as those related to their specific tasks.
The organization should document these trainings, which include:
• Dates, schedule (which should not conflict with schooling or vocational training)
• Content
• Trainer name and qualifications
• Attendance list with attendee signatures
Furthermore, the organization shall understand that the way in which it ensures young workers are
properly trained on OHS is coherent with the BSCI values and principles.
• Are young workers satisfied with the quality of trainings? Do they understand the specific risks
associated with their tasks and how to manage them?
• Are there internal communication channels set up for young workers to report their concerns on
OHS? Does it pay particular attention to young female workers?
• Are there any grievances lodged about potential laxity in protecting young workers?
• What are the lessons learned? How are they integrated in the revision of the OHS action plan?
• Are supervisors made aware and instructed to provide support to young workers on OHS?
3.9.6 The organization should have a good overview of all young workers engaged in its
production site
To evaluate the effectiveness of the way that it seeks to have the overview of all young workers
engaged; the organization must at least ensure that:
• It properly understands that young workers are more vulnerable than most workers

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• it devotes extra efforts towards monitoring young workers’ working conditions


• it has a good overview of young workers’ work cycles in the organization
• Work cycle refers to:
¡¡ the recruitment process
¡¡ Remuneration
¡¡ Hours of work
¡¡ Disciplinary measures
¡¡ Promotion
¡¡ Trainings and termination of employment
• it collects and keeps specific records on young workers
BSCI provides Template 7: Young Workers Data, which points to the minimum information
needed on young workers. Such records should be only destroyed in accordance with the national
regulations for handling confidential information.
Furthermore, the organization shall ensure that the overview of all engaged young workers, is both
complete and coherent with the BSCI values and principles.
• Is the person responsible for human resources aware of the number of young workers engaged in
the company?
• Does it keep accurate records on young workers? Is the work cycle of young workers
understandable from the records?
• Are there examples of young workers who have received promotions and/or who have faced
disciplinary measures?
• Is young workers remuneration in line with the level of responsibility? Are there specific rules
for remunerating apprentices?
• If it claims to have a policy of not hiring young workers, what are the reasons behind it? Is it
aware of side effects for having such a policy?
• Are the personal data of young workers handled in a respectful manner?
3.9.7 Related Documents
• Documentation of all trainings given to young workers,

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• Risk assessment and related action plan with specific measures to protect young workers and
young female workers,
• Young workers overview records, &
• Young workers’ work cycle overview.

3.10 No Precarious Employment


Precarious work deeply damages societies at large. It leaves workers and communities in unstable
and insecure situations, disrupting their life planning options. More concretely, precarious workers
are found to suffer a higher rate of occupational health and safety issues. Such impacts fortify
gender divisions and worsen the situation of migrant workers.
The general conditions of fear and insecurity also dissuade workers from exercising their rights,
leaving them even more vulnerable to precarious work arrangements.
The organization’s employment relationships are not precarious for the workers
Precariousness can affect both permanent and temporary workers.
Temporary workers: The definition of permanent and temporary jobs (e.g. seasonal) is usually
given by law. If this is not the case, jobs that have a pre-determined end date or will end as soon
as a project is completed are considered as temporary.
To evaluate the effectiveness of the way that it ensures no precarious employment, the
organization must at least ensure that:
• The employment relationship does not cause insecurity to the worker. These are examples that
cause insecurity:
¡¡ Deprive workers from social security
¡¡ Use of seasonal contracts at the expense of providing permanent positions
¡¡ Recruitment and dismissal practices to avoid consolidation of workers’ rights
• it monitors that work cycles are respectful to the workers at every step.
These steps are:
¡¡ Recruitment process
¡¡ Remuneration
¡¡ Hours of work
¡¡ Disciplinary measures

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¡¡ Promotion
¡¡ Trainings
¡¡ Termination of employment
• It does not use temporary job arrangements to cover workloads that lack pre-determined end
dates
• It does not misuse probationary periods:
¡¡ Their duration is according to the law: national legislation often defines the first few months
of a new employment relationship as a probationary period. The maximum duration is generally
specified in the national legislation.
¡¡ Their purpose is to try out the employment relationship for both the employer and the
employee. They are normally associated with special periods of notice for termination, while
other obligations such as the remuneration and social security provision remain unaffected.
Good practices: The organization defines working conditions and working hours by taking into
account workers who are parents or caregivers. Any other contractual practice that goes beyond
legal requirements to create beneficial and secure working conditions shall be acknowledged as
good practice.
Furthermore, the organization shall understand that the way it ensures no precarious employment
is coherent with the BSCI values and principles.
• Is the person responsible for human resources aware of practices that can potentially make
employment precarious?
• Does it keep accurate records on workers’ work cycles? Is there any indication of an employment
practice that could create insecurity?
• Are there any grievances concerning potentially precarious employment practices?
• Are workers and their representatives involved when it defines working hours, training or
disciplinary measures?
• Is the role that workers may have as parents or caregivers taken into consideration by it?
3.10.1 The organization should engage workers based on recognized and documented
employment relationships

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To evaluate the effectiveness of the way that it engages workers, the organization must at least
ensure that:
• The work relation is established in compliance with the framework that provides the greatest
protection to workers:
¡¡ National legislation
¡¡ Custom or practice
¡¡ International labor standards
• The work relation is supported by means of documentary proof that makes the workers aware of
their rights and obligations. Contracts are one among other possibilities (e.g. posters indicate the
working rules).
• It makes additional efforts to ensure workers understand their working conditions, particularly
when workers:
¡¡ Have difficulties to read and write
¡¡ Are migrants/foreigners
¡¡ Are hired for a short season or hired orally in line with customs
• It pays particular attention when using recruitment agencies. This includes:
¡¡ Having a good overview on when, how and how much these workers are paid
¡¡ Keeping up-to-date records on these workers
Furthermore, the organization shall ensure that the way it engages workers is coherent with the
BSCI values and principles.
• Is the person responsible for human resources aware of the framework that provides the greatest
protection to workers? (E.g. local custom stipulates additional social benefits)
• Does it keep accurate records on workers’ work cycles?
• What kinds of additional efforts does it make to ensure vulnerable workers understand the terms
of their working conditions?
• Are vulnerable workers well-aware of their working conditions?
• Are workers representatives engaged to ensure additional sources of information?
• Are there any grievances lodged concerning potentially unrecognized working relations?

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3.10.2 The organization should provide workers with understandable information before
entering into employment
To evaluate the effectiveness of the way in which it provides workers with understandable
information before entering into employment, the auditor must at least evaluate that information
is:
• Understandable: The organization takes necessary measures to facilitate the understanding of
information on working conditions. This may require:
¡¡ Translation into the language of workers
¡¡ Audio and visual guidance for disabled workers as well as workers who have difficulties in
reading and writing
• Relevant: The information refers to workers’ rights, obligations, and employment conditions. It
includes information on:
¡¡ Working hours
¡¡ Trainings
¡¡ Resting periods and holidays
¡¡ Remuneration and terms of payment
¡¡ Grievance mechanism
• Timely: The organization provides the information before initiating the employment relationship
• Comprehensive: The organization provides the same necessary information to workers hired
through recruitment agencies
Furthermore, the organization shall ensure if the way in which it engages workers is coherent with
BSCI values and principles.
• Is the person responsible for human resources aware of workers’ rights and obligations? Does
that person explain them in an easy manner? Does the person speak other languages or dialects
that can be preferred by workers?
• How are workers who are engaged by recruitment agencies informed about their rights and
obligations?
• What kinds of additional efforts does it make to ensure vulnerable workers understand their
working conditions?

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• Are vulnerable workers well-aware of their working conditions?


• Are workers representatives engaged to ensure additional sources of information?
3.10.3 CRUCIAL – The organization shall not use employment arrangements in a way that
deliberately conflicts with the genuine purpose of the law
Certain employment arrangements may represent an additional risk of undermining workers’
rights. This is the case for:
• Apprenticeship schemes: When they are not used with intent to impart skills or provide regular
employment
• Seasonal or contingency work: When they are used to cover permanent workflows that would
require hiring workers on a permanent basis
• Labor-only contracting: When the agent or broker uses its position to undermine the workers’
rights
• Subcontracting: When it is used to avoid reaching the minimum number of workers that allows
the establishment of workers representatives or the right to unionize
Effectiveness: To verify the effectiveness of the way that it uses employment arrangements, the
auditor must at least evaluate that:
• it understands that these employment arrangements may undermine workers’ rights when used
in a wrong way
• it uses those employment arrangements in line with the genuine purpose of the law
• it is able to explain the business logic behind its subcontracting practices and demonstrates that
workers’ rights are guaranteed
Furthermore, the organization shall evaluate if the way that it uses employment arrangements is
coherent with the BSCI values and principles.
• Is the person responsible for human resources aware of the additional risks of these employment
arrangements?
• How do workers engaged under these circumstances explain their rights and obligations?
• Are workers representatives engaged to ensure additional sources of information?
3.10.4 Related Documents
• Employment contracts and/or posters where workers’ rights and obligations are displayed

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• Recruitment and dismissal procedures and records


• Overview of subcontractors
• Overview of apprenticeships granted in the company
• Overview of seasonal workers

3.11 No Bonded/forced Labour


Bonded or forced labor is unacceptable regardless of the circumstances. The utmost must be done
so that no form of bonded labor takes place anywhere in the supply chain, on company premises
or within its sphere of influence.
3.11.1 CRUCIAL – The organization shall not engage in any form of servitude, forced,
bonded, indentured, trafficked or non-voluntary labor
To evaluate the effectiveness of the ways in which it ensures not to engage in bonded labor, the
organization must at least ensure that:
• It exercises due diligence to avoid engaging in any form of bonded labor
• Managers, particularly supervisors and those in human resources, are aware of the procedures
• it takes necessary measures to understand what can be considered as bonded labor and which
hiring or engagement practices may introduce that risk
• Workers shall have valid work permits
• Workers’ engagement practices do not include any potential or actual risk of being qualified as
forced labor. For example:
¡¡ Lack of workers’ consent to work
¡¡ Intentional cruelty
¡¡ Coercion (e.g. debt bondage, restriction of movement, violence, threats or intimidation)
• The auditee does not request workers to leave personal documents in deposit
• It does not apply unlawful retention of wages or benefits.
• Workers do not work through any form of servitude (e.g. negotiation of visa, housing, work in
exchange for training and education)
• Workers are granted the right to leave work and freely terminate their employment, provided that
reasonable notice is given to the employer
• Workers are allowed to leave the premises after working hours

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• If it uses security guards (armed or unarmed), it ensures that they do not keep the workforce
under retention
• Workers are permitted to leave the production site and/or housing in their free time, without
having to ask for permission
• Workers are allowed to choose accommodation outside of the housing offered by the employer,
if applicable
Specific guidance on prison labor:
Prison labor: The most familiar and accurate notion of prison labor is that which provides a form
of occupation for convicts. Such labor is not per se a human rights violation, if it fulfils certain
conditions, such as:
• Prisoners offer their labor voluntarily, without being subjected to pressure or the threat of any
punishment
• The work is performed under conditions close to a free labor relationship (wage level, social
security, OHS) to the extent that prisoners’ conditions allow it
This means that if the organization is using prisoners to work (both directly and indirectly), it shall
ensure that work is conducted in the framework of national law and the ILO Conventions 29 and
105.
In any case, BSCI recommends that BSCI Participants do not engage with business partners that
use prison labor in China since prisoners there are often forced to work in conditions that
contravene international labor or human rights standards because:
• The prison laborer’s rights are not covered under Chinese labor contract law and labor law but
under the prison’s law and criminal law. Full labor rights, including overtime rates, are not properly
protected
• The laws of the local prison and criminal law that govern prison labor include explicit terms
which indicate that legal minimum wages do not apply in prison labor but are instead subject to
the discretion/decision of the individual prison’s management
• Due to the prison’s rules and regulations, it is impossible for auditors to carry out a full BSCI
Audit in any of the prison’s work sites

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Furthermore, the organization shall understand that the way it ensures not to engage in bonded
labor is coherent with the BSCI values and principles.
• Is the person responsible for human resources aware of the additional risk of bonded labor when
it uses brokers?
• Does it understand the risks of bonded labor? Does it pay additional attention to avoid the risks?
• Are workers’ representatives engaged to ensure additional sources of information?
• Are there any grievances lodged concerning potential bonded labor?
3.11.2 The organization should act rigorously and diligently when engaging and recruiting
migrant workers both directly and indirectly
To evaluate the effectiveness of the ways in which it acts diligently when recruiting migrant
workers, the organization must at least ensure that:
• It understands that migrant workers are more vulnerable than other workers towards ending up
in forced labor situations
• It pays particular attention to indirect engagement (e.g. via recruitment agencies)
• It devotes attention to the following aspects:
¡¡ Absence of state protection (both country of origin and host country)
¡¡ Debt bondage (e.g. the worker had to pay a high recruitment fee to the agency and she/he
lacks transparency on the terms of employment such as deductions and remuneration)
¡¡ Restriction of movement (visa or travel documents are held by the agency or employer.
Workers who do not understand the host country language may face more restricted movement)
¡¡ In agriculture, any cultivation organized on a communal basis, by virtue of law or custom, is
not regarded as compulsory cultivation as defined in the ILO Convention 29 (art. 19.2)
Furthermore, the organization shall ensure if the way in which it recruits migrant workers is
coherent with the BSCI values and principles.
• Is the person responsible for human resources aware of the additional risks of bonded labor when
engaging migrant workers?
• Does the organization take additional preventive measures?
• Are workers representatives engaged to ensure additional sources of information?
• Are there any grievances lodged concerning the potential violation of migrant workers’ rights?

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3.11.3 CRUCIAL – The organization shall not subject workers to inhumane or degrading
treatment, corporal punishment, mental or physical coercion and/or verbal abuse
To evaluate the effectiveness of how it ensures workers do not receive degrading treatment, the
organization must at least ensure that:
• it understands what can be considered as degrading treatment
• Workers are not subject to degrading treatment
• it does not tolerate corporal punishment or mental coercion as part of the It’s disciplinary
measures
• Supervisors are instructed to never punish workers corporally or mentally and there are
consequences if they do so
• it pays particular attention to avoid degrading the most vulnerable workers such as migrants,
seasonal workers, young workers or pregnant women
• If collective housing is provided, dormitories ensure working conditions that respect workers’
dignity. For example:
¡¡ Separate bed for each worker
¡¡ Separate locker for each worker to store personal belongings
¡¡ Separate accommodation for women and men
Furthermore, the organization shall understand that the way in which it ensures workers do not
receive degrading treatment is coherent with the BSCI values and principles.
• Is management, particularly supervisors, aware that punishment or degrading treatment toward
workers is not allowed? Do they understand the consequences of contravening this?
• Does it take additional preventive measures to avoid punishing or degrading workers?
• Are workers representatives engaged to ensure additional sources of information?
• Are there any grievances lodged concerning potential punishment of or degrading treatment
toward workers?
3.11.4 The organization should establish all applicable disciplinary procedures in writing
and has explained them verbally to workers in clear and understandable terms
To evaluate the effectiveness of the way in which it establishes disciplinary measures to workers,
the organization must at least ensure that:

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• Disciplinary procedures are means through which the employer deals with workers, when there
are concerns about work, conduct or absence
• Disciplinary procedures are outlined in writing and workers can easily access them.
They describe:
¡¡ What performance and behavior might lead to disciplinary action
¡¡ What kinds of actions the employer might take
¡¡ The steps involved to make decisions on measures to be taken
• Disciplinary procedures shall include the name of a person who shall help the worker express
her/his viewpoint or disagreement with any disciplinary measure (usually from HR or the workers
representative)
• Disciplinary measures shall not facilitate a way for it to unfairly take money from workers.
Particular attention shall be given to the imposition of financial fees or deductions, which may be
illegal (see also illegal deductions under Fair Remuneration Performance Area)
Furthermore, the organization shall ensure that the way it establishes disciplinary measures is
coherent with the BSCI values and principles.
• Are the disciplinary procedures coherent and in line with the law?
• Is there documentary evidence on how they are implemented?
• Are workers aware of the disciplinary measures and do they understand the content and
consequences?
• Are the workers representatives consulted and involved?
3.11.5 Related Documents
• Documentary evidence of trainings given to workers, management and human resources (e.g.,
list of attendees with signatures),
• Documentary evidence on disciplinary procedures,
• Employment contracts including those related to security personnel, cleaning, and other services,
• Documentary evidence on disciplinary cases and measures taken.

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3.12 Protection of the Environment


Similar to the necessary measures needed to respect workers’ rights and enhance their capabilities,
environmental policies and procedures reflect the responsibility to observe the law and make
positive contributions to long-term development.
3.12.1 The organization should continuously identify the significant impacts and
environmental implications associated to its activity
Business enterprises should assess the impacts of their operations to prevent or minimize harming
the surrounding communities, resources and workers in the supply chain and sphere of influence.
To evaluate the effectiveness of the way in which it assesses its adverse environmental impacts,
the organization must at least ensure that:
• All processes taking place in the factory boundaries are taken into consideration when it
determines the impacts and environmental implications of its activities
• New processes or newly installed equipment are immediately integrated into the impact
assessment
• There is a clear understanding of how surrounding communities, resources and workers are
affected
• There is a pre-defined interval for carrying out such assessments with appropriate staff assigned
responsibilities
Furthermore, the organization shall ensure that the way it assesses its environmental impact is
coherent with the BSCI values and principles.
• Is there a grievance mechanism in place to address the environmental concerns of surrounding
communities?
• Is the person in charge of conducting the impact assessment qualified?
• Is there a procedure to ensure impact assessments are regularly conducted?
3.12.2 The organization should have procedures in place to ensure integration of local
environmental law into the business model
To evaluate the effectiveness of the procedures, the organization must at least has:
• Policies and procedures to incorporate relevant environmental laws
• Made these policies and procedures a visible part of the business culture

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• Mechanisms to ensure:
¡¡ Ongoing identification of environmental legislation.
¡¡ Definition of the specific requirements that are applicable to its daily activities
¡¡ Identification of sources of information on environmental legislation such as:
-- specialized sites online
-- Publications issued by industry experts
-- tailor-made services provided by specialized companies
Furthermore, the organization shall ensure that the way in which it has developed procedures to
integrate environmental law is coherent with BSCI values and principles.
• Is there a grievance mechanism in place to address the environmental concerns of surrounding
communities?
• Is the person in charge of drafting the procedure qualified?
• Is the procedure revised regularly?
3.12.3 The organization should have required environmental permits and licenses
To evaluate the effectiveness of available permits and licenses, the organization must at least
ensure that:
• The necessary environmental permits and licenses, required by law to carry out the specific
business activities, are made available and are also valid
• In case the permits and licenses are not available:
¡¡ it has undertaken all actions to solicit the relevant license(s) and/or permit(s) from the
competent authorities
¡¡ Additional consideration must be given to any delays that result from the bureaucratic
processes of those authorities. If this is the case, documentation to confirm the bureaucratic
delay should be made available.
Furthermore, the organization shall ensure that its available permits and licenses and/or its efforts
to obtain them is coherent with the BSCI values and principles.
• Does it understand the importance of having these permits/licenses?
• Are the documents relevant for the business activities?

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• Do these permits need to be updated on a regular basis? How often? Have they been correctly
and recently validated?
3.12.4 The organization should ensure that waste is managed in a way that does not lead to
the pollution of the environment
There are local areas where waste segregation and/or disposal are not managed by public
authorities. This may lead to dumping waste into the environment. Even in the absence of national
regulations, the organization shall not dump waste into natural environments or burn it
in open fires.
To evaluate the effectiveness of the way in which it manages its waste, the organization must at
least ensure:
• How it manages the waste, including packaging material
• it devotes particular attention to industrially contaminated water and hazardous waste
• it has procedures in place to:
¡¡ Identify and separate the type of waste generated (hazardous versus non-hazardous, including
packaging)
¡¡ Define any specific handling requirements (e.g. disposal via an authorized agent or designated
to a specialized site)
¡¡ Create awareness among workers about the waste generated onsite and the proper way to
handle it
¡¡ Avoid dumping waste into natural environments
¡¡ Avoid burning waste in open fires
¡¡ Dispose of plastics and empty chemical containers without incurring environmental risks or
harming humans
Furthermore, the organization shall evaluate that its waste management is coherent with the BSCI
values and principles.
• Does it understand the importance of proper waste management?
• Are the waste management practices relevant for the business activities?
• Are workers aware of the company policy and procedures for waste management?
• Are there any grievances lodged about potential irregular waste management?

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3.12.5 The organization should ensure that water is managed in a way that respects the
environment, particularly but not limited to preserving local water sources
To evaluate the effectiveness of the way in which it manages water, the organization must at least
ensure that:
It has mechanisms in place to promote water conservation and water waste reduction. This refers
to water used for industrial purposes and personal consumption.
Possible mechanisms include:
• Licensed water use (when requested by the applicable law/authorities)
• Proper identification of water springs, rivers, lakes and other water ecosystems in the area
• Documented risk assessments that justify management decisions on water use (e.g. irrigation in
farms)
• Awareness raising on water waste reduction
Furthermore, the organization shall evaluate that its water management is coherent with the BSCI
values and principles.
• Does it understand the importance of proper water management?
• Are both management and workers aware of the local water sources and how they relate to the
facility in terms of use, supervision and preservation?
• Are the water management practices in the company relevant for the business activities?
• Are workers aware of the company policy and procedures for waste management?
• Are there any grievances lodged about potential irregular waste management?
3.12.6 Related Documents
• Environmental risk assessment,
• Map identification of water springs, rivers and lakes in the area of its activities,
• Calculation of the necessary financial and personnel resources to comply with the minimum
social and environmental requirements, &
• Valid certificates and environmental licenses.

3.13 Ethical Business Behavior


Taking the appropriate measures, especially setting social policies and being transparent, is
fundamental in upholding the BSCI commitments to be a socially responsible business.

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Appropriate measures ensure and demonstrate no corruption, extortion, embezzlement, bribery,


falsified information or misrepresentation in the supply chain. On the positive side, honesty and
integrity should be congratulated (e.g. among workers).
3.13.1 The organization should actively oppose any act of corruption, extortion or
embezzlement, or any form of bribery in its activities as a business enterprise
To evaluate the effectiveness of the way in which it opposes any act of corruption, the organization
must at least ensure:
• it identifies the situations and activities where acts of corruption, extortion or bribery are most
likely to occur in its context
• it develops policies and procedures against any act of corruption and takes active measures to
prevent and remediate them
Particular attention needs to be given to the relations between auditor and it as well as between
supervisors, recruitment agencies and subcontractors.
Furthermore, the organization shall ensure that it’s ethical and active policies and procedures are
coherent with the BSCI values and principles.
• Does it have a policy (e.g. BSCI Code) in place that publicly condemns corruption, extortion and
bribery as unacceptable unethical behaviors perpetrated in its business and sphere of influence?
• Which mechanisms does it uses to inform and train workers on the problem of corruption?
• Has it identified where and how the major risks of corruption could occur?
• Does it have procedures in place to investigate and discourage a misbehavior among the workers,
particularly those with decision-making power?
• Does it “reward” ethical behavior and integrity among its workers and managers?
• Does it include ethics and integrity in training given to workers and managers?
• Is it aware of the perverse effects of corruption on its business and society in general?
3.13.2 The organization should keep accurate information regarding its own activities,
structure and performance
Record keeping systems provide a solid foundation for filing, tracking and making available
information on financial transactions, required documentation and workforce data. Legal
compliance departments should work closely with buyers and colleagues in CSR (if applicable) to

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ensure all personal information - on workers, business partners, clients and others - is carefully
filed. It must comply with privacy laws and standards.
To evaluate the effectiveness of record keeping on its activities, structure and performance, the
organization must at least ensure that the information is:
• Accurate: Any information presented by it must be true
• Factual: Any claim made by it in terms of its activity must be correct. (E.g.: Production volumes;
number of workers; working hours; if hiring is direct or indirect)
• Structured: The information on different facilities and the way in which it organizes its
production sites should be available and clear
Furthermore, the organization shall evaluate that the gathered and filed information is coherent
with the BSCI values and principles.
• Is there a follow-up on any previously reported audit or government inspection findings?
• Does it disclose the information in accordance with applicable regulations and industry
benchmark practices?
3.13.3 CRUCIAL – The organization shall take the necessary measures to not be involved
in falsifying information related to its activities, structure and performance; nor in any act
of misrepresentation of its supply chain
The ethical behavior of companies starts with how they run their businesses and operations.
Fraud and misrepresentation in the supply chain adversely impact supply chain integrity. They can
also lead to substandard or defective products. Falsification, fraud and misinterpretation are
purposeful actions intended to cause harm or loss to another party, for one’s own direct or indirect
gain.
To evaluate the effectiveness of its measures, the organization must at least ensure that it:
• Understands the severity of these unethical behaviors
• Has a serious commitment and set of procedures to avoid any such behavior
• Ensures proper investigation and disciplinary measures if any staff behave unethically
The auditor may request data related to productivity, in order to establish the production capacity
of the site, the need for overtime or the links to other facilities. Examples of misrepresentation in

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the supply chain include claims to be a trader or only a warehouse, to avoid audits of the production
site(s).
Furthermore, the organization shall ensure if the measures to avoid falsification or fraud are
coherent with the BSCI values and principles.
• Does it understand the importance of avoiding falsification, fraud or misrepresentation?
• How are the unethical behaviors identified? How are they investigated? What do workers think
about the disciplinary measures taken by it (if any)?
3.13.4 The organization should collect, uses, and otherwise processes personal information
with reasonable care and in accordance with privacy and information security laws and
regulatory requirements
To evaluate the effectiveness of how it handles personal information, the organization must at least
ensure that it:
• Collects and processes personal data of individuals with the outmost respect for the individuals’
fundamental rights (particularly the right to privacy)
• Applies reasonable care to the personal information of directly hired workers, business partners,
customers and consumers in its sphere of influence
• Pays special attention to the way in which it collects data in order to protect the vital interest of
the worker (e.g. medical records)
• Collects and processes personal information in line with the applicable information security laws
Furthermore, the organization shall ensure if the way it handles personal information is coherent
with the BSCI values and principles.
• Does it understand the importance of handling personal information respectfully?
• Is the information on workers treated adequately, particularly if they are vulnerable workers?
• Are the records, particularly those with private information, properly filed with the necessary
guarantees?
• Are there any consequences for supervisors who fail to treat personal information with respect?
3.13.5 Related Documents
• Anti-corruption policy,
• Corruption risk assessment,

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• Procedure for investigation and discouragement of unethical behavior,


• Communications and trainings to promote and reward integrity,

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CHAPTER FOUR
SOCIAL COMPLIANCE

4.1 THE BASIC AREAS OF FINDINGS AND COMMON VIOLATIONS

4.2 Health and Safety


Is the emergency equipment kept operational and freely accessible?

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Are emergency exits defined and properly marked?

PPE Used?

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Do the machines have safety features (guards, covers, hood etc.) for the prevention of accidents?

Are escape routes and emergency EXIT's unobstructed and freely accessible and all emergency
"EXIT" doors unlocked from the inside, at all times during working hours?

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Have all platforms, elevator shafts, stairs, etc. been secured to prevent workers from falling?

Are all switch cabinets closed at any time?

First Aid Boxes?

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4.3 SOCIAL
Does the company provide employees with an adequate number of clean and well-maintained toilet
facilities?

Is free drinking water that meets local requirements for quality provided to employees?

4.4 CHEMICALS AND ENVIROMENTS


Are all chemicals (including colorants, oils, cleaning, and degreasing agents) stored separately
according to their grade of hazard and compatibility?

Are all gas cylinders secured in position?

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Are all chemical containers, boxes, filling stations, etc. marked with the respective GHS warning
symbols?

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Does the facility provide equipment to avoid chemicals to enter the drainage system, open waters
and the soil in case of an accident?

How are hazardous substances, lubricating agents and machine oils disposed of?

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Is hazardous waste stored safely that it does not have any impact on the environment (soil, waters
etc.)?

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4.5 COMMON EXAMPLES OF SOCIAL COMPLIANCE VIOLATIONS: GENERAL:

Delaying and Audit or requesting a last-minute change of audit date: Any request for delay
to start an audit or last-minute request on silly excuse to change audit date/time may be considered
adversely by auditors and noted as Access Denied, which is considered as a critical nonconformity
by most brands or retailers.

Arbitrary fines and pay deductions: These are generally used as either as measures of discipline
or in other way to pay below minimum wage rate in an indecent manner.

No pay stubs/slips: Some factories actually want to keep their workers in dark about their wage
benefits.
Toilet & Bathroom use restriction: Factory management imposes such restrictions to optimize
productive time and or reduce their responsibilities of maintaining the hygiene of
toilets/bathrooms.

Piece rate calculations: Factories sometimes calculate wages based on piece rate incorrectly on
basis of total pieces completed by a worker. The right way of calculating piece rate earnings is as
follows:

a. Management and worker should decide piece rate of payment.

b. The factory should ensure that wages payable to piece rate worker is equal to or
more than the minimum wage fixed by the government.
c. The factory should consider both time as well as production by worker for
calculation of piece rate wage.
d. The work done by a worker over and above normal working hours should be
considered as OT and paid according to the OT rates set by the government.
Apprentice Scheme: The factories run false apprenticeship schemes to avoid payment of
minimum wages and other benefits to workers.
Personal Protective Equipment (PPE): Sometimes PPE is not provided and even when it
provided it is not used by the workers due to:

e. Uncomfortable poor quality of PPE

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f. Lack of education and training to worker on importance of usage of the

PPE

g. Lack of supervisory control

No Safety Instructions: The factories often do not understand the importance of display of such
instructions and the display is not clearly instructed to the workers.

Casual, Temporary and Workers appointed through Contractors: it is usually one of the ways
to avoid payment of minimum wage and other benefits to workers as no permanent attendance
records are maintained in the factories for calculations of wages.

Pregnancy Firing: sometimes female workers are removed from work without any benefits if
found pregnant.

Old Age Firing: some factories fire their workers after they achieve certain age to on other
pretexts mainly to maintain a young gullible work force.

Firing workers without paying severance benefits: some factories fire worker during the
probation period to save paying them any benefits or firing or shifting them to any other
company within the group before they complete sufficient years to qualify for gratuity and
other severance related benefits.
Excessive OT Hours: this has been key problem as it is mostly done without caring for
worker health. It can be avoided by better capacity planning, manpower planning and hiring
legal contractual workers for overcoming unforeseen production delay.
Overtime not paid at Premium Rate: worker are mostly not paid Overtime wage at the rates
prescribed by the government or hours worked are not accurately worked to deny OT wages
earned by the worker.
Management Systems: some factories do not have or do not timely renew licenses, approvals
and certifications required for keeping the factory compliant.
Falsification of Records and keeping Dual Records: some factories maintain dual recording
or keep false documents and records which unscrupulously they present to the auditors. It can

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lead to lack of transparency which is considered as critical nonconformity by most clients and
auditing agencies.
Common Examples of Social Compliance violations & correction actions:
Management system:
1. Violation: Factory paid wages in instalment throughout a month instead of disbursing the
payment within particular period of the next month.

Corrective Action: This is considered as a delayed payment. To comply with The Payments of
Wages Act wages shall be paid by /of the next month.

2.Violation: Employees punched their timecards two hours earlier (7 p.m.) than the actual time
of departure (9 p.m.) from the factory. Factory management wanted to hide the actual working
hours.

Corrective Action: To comply with The Payment of Wages Rules of the country, all working
hours shall be recorded in the timecard.

Child Labour:
1. Violation: Child labour was found at the factory. It was confirmed from the verification of
personal document and the appearance of the employee. From the workers interview, it was
understood that one worker was about 13 years old.
Corrective Action: According to The Factory Act of /in the Labour Code, any person who
has not completed sixteen years of age is defined as a child. Article …. Prohibits the
employment of any children under the age of fourteen. Factory management agreed to take
care of this matter.
Discrimination:
1. Violation: Factory management is reluctant to recruit employees from the area where the
factory is situated. This is not only to avoid local protests against working condition, but also
due to fear of post scenario of a disciplinary case. Thus, there is discrimination in hiring
workforce.
Corrective Action: To comply with social accountability standard, recruitment shall not be
biased towards avoiding local candidate at the time of recruitment.

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Disciplinary Practices:
1. Violation: Overtime wages of the workers were deducted as a means of punishment if they
could not achieve the daily production target.
Corrective Action: Employees, if fail to attend weekend work, were suggested to take leave
for 2 to 3 days from his working period to be healthy enough to work.
2. Violation: In one of the factories in working for a reputed brand of USA, physical torture was
reported for simple mistakes including no payment of wage.
Corrective Action: The factories shall not engage in or support the use of corporal punishment,
mental or physical coercion, and verbal abuse. Wages shall not be deducted as a form of
punishment.
Health & Safety:
Violation: Workers did not use gloves and/or masks while handling chemicals and dyes in
chemical storage area of Dyeing Department.
Corrective Action: In order to comply with The Factories Act, management shall provide
adequate gloves and/or masks to the appropriate workers. They must be motivated through training
to use such protective equipment for safety.

Violation: Number of toilets in the production floor is not sufficient to cover all the employees.

Corrective Action: Factory shall construct sufficient number of toilets in accordance with The
Factories Act.
Violation: No soap and towels were there inside all the toilets in a factory.

Corrective Action: Soaps and towels are to be provided at all the toilets in the factory.

Violation: Fire extinguishers were found blocked in some areas of the factory and were not easily
accessible.

Corrective Action: All fire extinguishers shall be cleared from obstruction at all time. Area in
front of fire extinguishers shall be marked on the ground with yellow lines to indicate that the area
must be kept clear at all times.

Violation: Aisles were not marked at different sections of the factory.

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Corrective Action: Factory shall put marking on the floor with yellow lines to indicate the
evacuation paths.
Violation: No evacuation plan was observed throughout the factory.

Corrective Action: Factory shall prepare and post evacuation plan at different areas of the factory
to facilitate smooth evacuation in the case of emergency.

Violation: Drinking water closets were found very near (2-3 feet) to the toilets.

Corrective Action: As per The Factories Act, factory shall place drinking water closets at a
minimum of 20 feet distance from the toilets.

Violation: Primary/secondary aisles were found blocked by fabric roll, cartons, garments etc. in
different sections of the factory. Electrical control panel was also found blocked.

Corrective Action: Factory, in accordance with The Factories Act, shall make sure that all the
passages and control panels remain unblocked at all times.
Violation: No protective hand gloves were in use by the fabric cutting knife operators which
might cause serious accident at any time.
Corrective action: Factory management shall supply metal hand gloves to the operators and
motivate them to use such protective equipment for safety.

Freedom of Association and Collective Bargaining:


Violation: Employees were not permitted to bargain collectively about their requirements.

Corrective Action: All employees shall be permitted to bargain collectively about their rights.
Compensation and Working Hours:
Violation: Weekend and overnight worked hours were not recorded in the time cards and payroll
sheets and also not compensated properly.

Corrective Action: Factory shall record all worked hours in payroll sheets and time cards and
shall compensate those correctly. This is to satisfy The Payment of Wage Rules.

Violation: Female workers were working from 8 a.m. to 12 a.m. as overtime.

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Corrective Action: Factory shall allow female workers to work between 7 a.m. to 8 p.m. only
with a view to comply with The Factories Act.

Violation: Overtime worked hours had exceeded the legal limits of stipulated hours per month
with a large margin.

Corrective Action: Factory shall not allow anyone to work more than 10 hours per day and 60
hours per week. The duration of 60 hours per week shall be represented as 48 hours general duty
plus 12 hours overtime as per the local law.

Violation: Factory did not comply with the local law of /in the payment of overtime wages for all
the workers in the factory.

Corrective Action: Factory shall follow legal requirement for overtime compensation, which is
double of the basic pay.

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CHAPTER FIVE

5. Implementation, Monitoring and Evaluation of Implemented BSCI Requirements

5.1 Implementation of the project


To implement the BSCI 2.0 Code of Conduct in Ethiopian textile and garment local exporters
supply chain the following mechanisms will be established:-
a) Adopting and Harmonization of the latest developed BSCI 2.0 standardized management
tools and guidance documents available on its website in various languages.
As discussed above, the BSCI Code of Conduct is composed of five documents:-

• The BSCI Code of Conduct covers shared values and labour principles that BSCI participants’
business partners agree to respect on signing the code.
• The Terms of Implementation (TOI) provide detailed information on how BSCI participants
and their business partners commit to achieving BSCI standards.

• The BSCI Reference lists international norms on which the code is built, such as the ILO
Declaration on Fundamental Principles and Rights at Work, the OECD Guidelines for
Multinational Enterprises and the UN Guiding Principles on Business and Human Rights.

• The BSCI Glossary provides additional information on BSCI interpretation and on key
terminology used in BSCI 2.0.

b) Establishing and preparation of BSCI training activities to increase Ethiopian local


exporter’s knowledge and skills with regard to social compliance. These training sessions
will be opened for the exporters to European and American countries who require the
specific product from Ethiopia and include awareness raising and more advanced
workshops.
c) All Local exporters from Ethiopia will be supported to take the following measures which
are necessary to implement and monitor the BSCI 2.0 Code of Conduct like:
• Management Responsibilities
• Employee Awareness

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• Record-Keeping
• Complaints and Corrective Action
• Supplier and Sub-Contractors
• Monitoring

5.2 Monitoring Mechanism of the BSCI


The Monitoring Process
What areas does the BSCI standard system cover?
The following table provides an overview of BSCI principles and requirements and related
compliance policies covering social, environmental and economic areas applied in production,
processing and trade.
Environment Social
Work/labor rights
Conditions of work
Safety at work (ILO 184)
Safe work environment
No forced labor (ILO 29&105)
Child labor prohibited (ILO 182)
Condition of employment
Immediate requirements

Minimum age (ILO 138)


Equal remuneration (ILO 100)
Worker’s empowerment
Freedom of association (ILO 87)
Collective Bargaining (ILO 98)
No discrimination at work (ILO 111)

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Chemicals Social/human rights


Equipment and training on chemical Housing and sanitary facilities in place
use Gender issues
Storage/disposal/waste Cultural/religion rights (ILO 169)
Management of chemicals Indigenous rights
Waste Minority rights
Pollution management Work/labor rights
Disposal of waste Conditions of work
Water Safety at work (ILO 184)
Disposal of grey waters and run off Training on safety issues
Safety equipment’s and emergency
kits
Safe handling chemicals
Healthy work conditions
Access to safe drinking water
Access to sanitary facilities at work
Access to medical assistance/
insurance
Training requirements on site
No use of physical violence
Condition of employment
Contract labor policies and
Short-term requirements

practices
Transparency of employment
practices
Leave days clearly specified
Timely payment of wages
Minimum wage requirements
Work/labor rights
Condition of employment
Living wages to cover basic human
services/savings
Medium-term
requirements

Maximum number of working hours


set
Medium-ter

Table 5.1

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5.2.1 BSCI Internal Audits


Because the possibility of creating internationalization, Ethiopian textile and garment companies
will be increasingly moving their production to European and American Countries. And with
regards to risk management and corporate social responsibility as well as business ethics, such
companies will assume a large responsibility. Such exporters will ensure to their foreign customers
that they manage both the environment and people responsibly. Consequently, the local exporters
will be supported with BSCI internal Audits for the compliance of a BSCI audit requirements.

As mentioned throughout the proposal, the clear objective of BSCI (Business Social Compliance
Initiative) is to promote socially responsible production conditions in Ethiopian Textile and
garment sectors. With an Internal audit according to BSCI, factories demonstrably and visibly
introduce fair working conditions and occupational health and safety in their organizational
management systems and win the trust of customers and consumers as well as business partners
and employees. At the same time they will avoid complex multiple audits and provide an excellent
starting point for a future SA 8000 certification. This saves money and time.

After implementation of BSCI code of conduct to Ethiopian Textile and garment industries Internal
Audits systematically helps monitor and improve global social standards in their systems. The
BSCI provisions are based, among others, on the standards of the International Labor Organization
(ILO), the UN Charter on Human Rights, as well as national laws and regulations and require their
consistent adherence.

A BSCI Internal audit will be targeted at Ethiopian local exporters which are active in the
international market and work with customers and consumers abroad. In addition, a BSCI Internal
audit is useful if they want to strengthen their responsible business conduct - both internally and
within the supply chain.

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5.2.1.1 Focused Monitoring Areas during the audit, but not limited are
Se.no Performance Areas What to be Monitored
1. Legal Compliance Compliance with all applicable national laws and regulations, industry minimum
standards, ILO and UN conventions, and any other relevant requirements
2. Freedom of Association The right to join trade unions of their choice, have representation and partake in
& Collective Bargaining bargaining
3. Prohibition of No discrimination shall be tolerated in: • Hiring • Remuneration • Access to
Discrimination training
• Promotion, termination, or retirement
• Or based on : – gender, age, religion, race, caste, social background, disability,
ethnic and national origin, nationality, membership in workers organizations
including unions, political affiliation, sexual orientation or any other personal
characteristic.
4. Compensation • Wages must meet legal minimum wages
• If minimum wage does not cover living expenses additional income is desired
• Deductions from wages as disciplinary measures are forbidden
• Supplier companies shall ensure that wage and benefits composition are detailed
clearly and regularly for workers
5. Working Hours • Supplier shall comply with national laws and industry standards on
working hours.
• Work hours should not exceed 48 hours a week on a regular basis
• Overtime hours are to be worked solely on a volunteer basis and should not
exceed 12 hours
• One free day every seven workday shall be provided to employees
6. Working Health & -A clear set of procedures and regulations must be established and followed
Safety regarding
– Occupational health & safety, specifically the use of protective gear, clean
bathrooms, to access to water. Sanitary food storage

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• Management will appoint a health care representative to implement health &


safety system
7. Prohibition of Child -Child labor is forbidden as defined by ILO, UN conventions and national law.
Labor • Working conditions resembling slavery or harmful to health are forbidden
• Employer must provide support to enable children to remain in school until no
longer a child.
8. Prohibition of Forced -All forms of forced labor, such as lodging deposits or the retention of identity
Labor & Disciplinary documents from personnel upon commencing employment are forbidden as is
Measures prisoner labor that violates human rights
• The use of corporal punishment, mental or physical coercion and verbal abuse
is forbidden
9. Environment & Safety Procedures and standards for waste management, handling and disposure of
Issues chemicals and other dangerous materials, emissions and effluent treatment must
meet or exceed minimum legal requirements.
10. Management Systems The supplier company shall define and implement a policy for social
accountability.
• Management system that can implement BSCI code shall be established.
• Management shall address employees concerns with noncompliance of the
code.
Table 5.2

5.2.2Management Review of the BSCI Implementation Status


For factories which implement BSCI, the Management review meeting will be held at least twice
a year. The BSCI representative should be responsible to prepare the yearly schedule as well as to
initiate more frequent review meetings, especially at the early stage of implementation of the
BSCI. The Management review meeting shall be held in a formal way i.e., with a chairperson,
meeting secretary and formal agenda.

The MRM needs information on various aspects of the working of the BSCI system and the BSCI
representative will present a formal report on what has happened since the last review meetings

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after implementation. The Minutes will be distributed to MCM, in writing, two working days
before the meeting.

1. The management review meeting begins with confirmation of the minutes of the last review, if
any. The management committee will review the BSCI system, based on the organization policy,
objectives, plans, criteria documents and procedures.
The agenda for the review may be:
a) Previous Minutes of management review, if any
b) Remediation plan status, if any
c) BSCI requirements, such as
1. Social Management System and Cascade Effect
2. Workers Involvement and Protection
3. The Rights of Freedom of Association and Collective Bargaining
4. No Discrimination
5. Fair Remuneration
6. Decent Working Hours
7. Occupational Health and Safety
8. No Child Labor
9. Special Protection for Young Workers
10. No Precarious Employment
11. No Bonded Labor
12. Protection of the Environment
13. Ethical Business Behavior
The outputs from the management review will include any decisions and actions related to:
• Improvement of the effectiveness of the BSCI system and its processes,
• Improvement of service related to BSCI requirements, and
• Resource needs. Every decision is made on consensus as the case may be.
Table 5.3

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Generally, BSCI Monitoring will be achieved based on the bi-annual basis, in preparation of the
Steering Committee; the proposed partners will jointly look at the progress, impact and quality and
discuss potential issues/solutions to be tabled in the steering committee. The project owner/funder
will be responsible for monitoring and reporting.

5.3 BSCI Implementation Evaluation Mechanism


• The internal/external audits of the textile and garment production sites for which the
compliance with the BSCI requirements are verified,

• The education and training within the textile and garment industries and their
supporters/partners regarding the requirements of the BSCI,

• A continuous dialogue with stakeholders and government to influence political framework.

Reference Materials
1. Amfori BSCI System Manual Part III- Understanding the BSCI Audit from the
auditee perspective
2. Amfori BSCI System Manual PART I Understanding the amfori BSCI
Implementation Strategy
3. Amfori BSCI System Manual PART II Understanding the amfori BSCI Audit for
Auditors
4. Amfori BSCI System Manual PART IV Templates

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