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BSCI

SYSTEM
MANUAL

November 2014 - Version 2


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EDITION HISTORY

Approved by the BSCI Steering Committee on 11 November, 2014

Version 1: Published in May 2015


Version 2: Published in March 2016

Layout: The Factory Brussels

Further information:

A PDF version of the BSCI System Manual version 2014 can be downloaded for free at www.bsci-intl.org.

Copyright FTA 2014

List of changes:

Version 1 Change in Version 2


page #
8 Substituted 2010 by 2016 in « ANNEX 11 – THE BSCI COMMITMENT FORMULA VERSION 2010 »
8 Replaced Annex 11
8 Deleted « Poster version »
9 Added « A System Manual version 2 has been issued with some changes after the six month
soft launch period.
10 Substituted 2010 by 2016 in « The BSCI Commitment Formula version 2010 »
14 Substituted “poster” by “full” version
16 Substituted “poster” by “full” version
16 Deleted « Audit Integrity Programme: Operating Procedures // March 11 »
16 Added under « Cooperation Agreements» :
• Memorandum of Understanding with Rainforest Alliance July 12
• Memorandum of Understanding with SAI February 08
19 Deleted (Annexed to this Manual)
19 Substituted: 2010 by 2016 in « The BSCI Commitment Formula version 2010 »
20 Deleted : « RSP empowers business partners »
20 Deleted: « Only BSCI Participants can hold RSP in relation to their business partners to be
monitored (producers) »
Substituted by « While several BSCI Participants may have business with a same producer
and work towards promoting producers’ continuous improvement, only one (RSP) will have the
leadership with regard BSCI audits ».
20 Substituted « hold » by « have » in « (…) BSCI participant hold responsibility »
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20 Added the following table:

Rights RSP Linked


participants
1 Provide business partner with COC and TOI YES YES

2 Inviting business partners to capacity building activities YES YES

Interacting with other participants linked to the same YES YES


3 business partner

4 Reacting to Zero Tolerance alert YES YES

5 Support business partners in the remediation process YES YES

Engaging with relevant stakeholders to support YES YES


6 business partners

7 Authorising the timing of the BSCI audit YES NO

8 Authorising the auditing company YES NO

9 Authorising BSCI Audit (both full and follow up) YES NO

10 Accepting equivalent auditing system YES NO

11 Realising RSP in favour of other linked participant YES NO

20 Deleted “Lead” “holder” in « Lead RSP Holder status »


20 Substituted « responsibility » by « RSP status »
21 Replaced the link «www.bsci-intl.org/bsci-academy » by the new link
22 Hyperlink added to « BSCI Code of Conduct and Appendices »
22 Deleted (annexed to this Manual)
30 Added hyperlink to « For more information: www.bsci-intl.org/bsci-list-risk-countries-0 »
32 Added « audits » to « of BSCI »
33 Added this new sentence « In addition, the BSCI Secretariat will provide BSCI Participants with
a catalogue of equivalent social schemes » after « the extent to which certain non-negotiable
criteria are covered by the system in question»
33 Replaced « do not have » by « do not usually have »
40 Replaced « BSCI Academy » by « FTA Academy »
40 Deleted « Annex 9: BSCI Code of Conduct 2014 Poster version »
40 Replaced « Are posted in the BSCI Academy » by « Are posted in the FTA Academy»
40 Added « (E.g. webinars, webcast etc)» to « Can be e-learning courses »
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43 Deleted “in a poster version see BSCI System Manual Part V- Annex 9: BSCI Code of Conduct
2014 Poster version)”.
The new sentence is « (e.g. by explaining the BSCI Code of Conduct) »
44 Added new bullet point under KEY MESSAGES:
* Outside BSCI: Other capacity building avenues can be explored (E.g. internal training, external
consultants)
46 Added Hyperlink to « BSCI System Manual Part III: Understanding the BSCI Audit from the
auditee perspective »
50 Deleted « For more information, see Part II and Part III of the BSCI System Manual ».
50 Added two bullet points after « Annex 6: Most Relevant Documents for the BSCI Audit » :
* Part II: Understanding the BSCI Audit for Auditors
* Part III: Understanding the BSCI Audit from the auditee perspective
54 Deleted « as each answer has a numerical value » in this sentence « The rating for each
Performance Area relates to the answers given by the auditor, as each answer has a numerical
value. »
55 Replaced « Outstanding » by « Very good »
58 Replaced « The misrepresentation must be rated under the Ethical Behaviour Performance
Area » by « The misrepresentation must be rated under the Ethical Business Behaviour
Performance Area and can trigger a Zero Tolerance alert. For more information see Annex 5:
BSCI Zero Tolerance Protocol »
61 Added: Verify that the potential auditee:
• Is part of its producer list
• Has at least 3 months of existence as a company
• Has at least 2 months of new documentary evidence before the follow up audit, particularly
in cases, where new documentary evidence is crucial for verifying improvements
61 Corrected « a » in « Main auditee + farms »
63 Corrected « a » in « collective bargaining Agreement»
63 Replaced « hold » by « has »
64 Corrected double “::” in « Gather internal information :: »
68 Replaced « Ensure » by « Promote » in « Ensure BSCI values and principles are upheld during
BSCI Audits »
68 Replaced « Ensure » by « Promote » in « Ensure the independence and legitimacy of the audit
process »
68 Replace « Ensure » by « Promote » in « Ensure integrity of the auditing process and
associated activities »
68 Replaced « Ensure » by « Promote » in « Ensure consistency of applying the audit process »
69 Deleted: “For more information, see the BSCI website (..)”
69 Deleted (rating A and B)
69 Added “these are the characteristics of a RUC”
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69 Replaced “two” by “three”


69 Replaced “equal or higher rating” by
• Equal rating
• Higher rating
• Lower rating
69 Added: Validity: It follows the same validity system, starting from the day of the RUC (see 6.3)
72 Replaced « Ensure » by « promote » under KEY message « The BSCI Secretariat takes all
necessary measures to ensure … »
78 Deleted « Report » in « ...understanding of the BSCI Audit Report »
78 Added « It shall be read by BSCI Auditors and service providers who aim at deeply
understanding the BSCI Performance Areas »
78 Deleted « Report » to have «Report manual to understand the BSCI Audit. » 
78 Deleted « ...blank version (accessible in the Auditor’s Resources area) »
80 Deleted « as well as the number of workers interviews »
80 Replaced « the number of interviews remains based on the number of workers; the same as for
a full audit » by «The auditor will define the number of interviews based in correlation with the
number of man-days for the Follow up Audit. E.g. a Follow up audit in a 251 workers factory with
findings in less than 4 performance area will correlate to 5-10 workers interview » 
80 Added hyperlink to « For more information, see BSCI System Manual Part I – Chapter 6,
subchapter 6.2 : BSCI Audit Rating. »
81 Added « The auditor must not describe Zero Tolerance Issues under the executive summary but
under the executive summary of confidential comments. »
87 Added « Auditors must be aware that, should they use Executive summary of confidential comments
as a way to report any suspicion not be proven through the audit, they are requested to add
recommendations on the next steps the BSCI Participant should take in order to follow up on such a
suspicion.» 
88 Deleted “(…) or using family workforce” in order to have « Smallholders are farms hiring less
than 5 workers. Smallholders are not rated. »
88 Added this sentence « Family farms: When some or all of the sampled farms are family farms,
the auditor shall use the specific questionnaire that applies to them. Family farms are farms
using only family workforce, without hiring any worker. »
90 Added new IMPORTANT note « IMPORTANT – Auditors must be aware that, if the auditee lacks
the overview of its significant business partners, this question cannot be answered YES.
Question 1.1 and question 1.3 are connected and the rating of both must be coherent. »
93 Added new IMPORTANT note « IMPORTANT: The auditor must be aware, that if the auditee does
not show evidence of workforce capacity being properly organised, question 6.2 cannot be
answered YES and vice-versa. Question 1.4 and 6.2 are directly connected and rating must
reflect this correlation in a coherent manner. »
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97 Added 2.1 before « Is there satisfactory evidence that the auditee has good management
practices that involve workers and their representatives in sound information exchange on
workplace issues? »
97 Added 2.2 before « Is there satisfactory evidence that the auditee defines long-term goals for
protecting workers in line with the aspirations of the BSCI Code of Conduct? »
151 Added « IMPORTANT: Auditors must be aware that, if the auditee does not show satisfactory
evidence of seeking to ensure young workers access to grievance mechanism, Question 1.1
and 1.2 will be affected and vice-versa. »
152 Added “IMPORTANT” at the bottom end of the question « IMPORTANT: Auditors must be aware
that question 9.5 is interrelated with Performance area 1, 2 and 7. They must make sure that
the answers are coherent. »
168 Added « business » to « 2.13. PERFORMANCE AREA 13: ETHICAL BEHAVIOUR » in order to have
« 2.13. PERFORMANCE AREA 13: ETHICAL BUSINESS BEHAVIOUR »
272 Deleted «use a family workforce » in this sentence « … business partners when they are farms
which use a family workforce or hire less than 5 workers »
272 Added this new sentence «For family farms with no hired workers, only Performance Areas or
questions marked with « * » apply. » 
272 Added « /family members » to « Total number of workers: » in order to have «Total number of
workers / family members ».
273 Replaced “workplace” by “working conditions «in order to have « The auditee involves workers
and exchanges information with them on working conditions issues. »
273 Added « * » to « Performance area 4: No Discrimination »
273 Replaced “in the workplace” by “at the farm” in order to have « The auditee takes the necessary
measures to avoid or eradicate discrimination at the farm. »
273 Replaced “workers” by “workers and family members” in order to have « The auditee takes the
necessary preventative and/or remedial measures so workers and family members are not
harassed or disciplined on grounds of discrimination as defined in the BSCI Code. »
273 Added « * » to « Performance area 6: Decent Working Hours »
273 Added « * » and replace « workers » by « workers and family members » in order to have
«*Members auditee grants workers and family members the right to resting breaks in every
working day»
274 Added « * », replace « workers » by « workers and family members » and delete « unless » in
order to have «*auditee grants workers and family members the right to at least one day off in
every seven days »
274 Added « * » before « Performance area 7: Occupational Health and Safety »
274 Added « * » and « adequate in the farm » in order to have « * auditee enforces the use of
personal protective equipment with other safety systems and procedures relevant for a farm. »
274 Added « * » and replaced « workers » by « workers and family members » in order to have
« * auditee respects the workers’ and family members’ right to remove themselves from
imminent danger without seeking permission. »
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274 Added « * » and replace « workers » by « workers and family members » in order to have
« * auditee provides workers and family members with potable water at all times. »
274 Added « * » before « Performance area 8: No Child Labour »
274 Added « * » before « Performance area 9: Special protection for young workers »
274 Added « * » in all questions, and added « young workers and young family members »
274 Deleted “may include” and “who support with light work” in order to have « The auditee has a
good overview of all young workers engaged in its production site(s). The overview includes
the auditee’s family members (if applicable) »
275 Added « * » before « Performance area 11: No Bonded Labour »
275 Added « * » and replace « workers » by « workers and family members » in order to have
« * auditee does not engage workers or family members under any form of servitude or forced,
bonded, indentured, trafficked or non-voluntary labour. »
275 Added « * » and replace « workers » by « workers and family members » in order to have
« * auditee does not treat workers or family members in an inhumane or degrading manner.
Corporal punishment, mental or physical coercion and/or verbal abuse are forbidden. »
289 Replaced « results » by « questionnaires » in « They can also upload audit results »
289 Added « to the best of their knowledge » 
312 Added new paragraph under 2. Definition of Zero Tolerance Issues:
« Severity check: Auditors must carefully read the concerned Performance Areas before
triggering a Zero Tolerance alert.
Furthermore, issues qualify as Zero Tolerance only if it is:
• flagrant at the time of the audit
• factual and proven
• at such a level of severity that the issue requires immediate remediation. »
312 Added new paragraph « Findings under questions 7.12, 7.14 and 7.15 have higher likelihood of
representing a Zero Tolerance issue »
312 Deleted « To be considered zero tolerance, all these issues must be: • Flagrant at the time of
the audit • Factual and proven »
313 Replaced « interrupts » by « redefines » in « The auditor interrupts the regular course of the
audit »
313 Added new sentence « The auditor is only expected to finalise the audit and the audit report
if the Zero Tolerance issue was identified at the end of the audit. Otherwise, it is expected that
the auditor will prioritize the thorough investigation of the Zero Tolerance issue over the rest of
Performance Area.»
313 Added corrected sentence: « Within 24 hours: Auditors confronted to a Zero Tolerance issue
must notify it to the BSCI Secretariat and the relevant BSCI Participants the BSCI Platform Zero
Tolerance alert button »
313 Replaced « allegation » by « Zero Tolerance Alert » in order to have « Within 48 hours following
the Zero Tolerance Alert »
314 Replaced « allegation » by “Zero Tolerance Alert”.
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314 Deleted “Unethical behaviour may require a longer reaction period as it is often subject to the
auditing company’s internal investigation procedure.
315 Added:

Full audit documentation: Current and minimum 12 months old records should be available for
a full audit.

New producing companies: The BSCI Participant should verify that a new set company has at
least 3 month existence before it gets the first full audit. This does not apply to companies that
have just changed the address.

Main auditee + farm is the scope of the audit: The BSCI Participant should verify that the main
auditee has been granted 6 month preparation from the time the code was communicated and
the time of the audit.

Follow up audits: The BSCI Participant should verify that the producer has at least 2 months
of new documentary evidence before the follow up audit, particularly in cases, where new
documentary evidence is crucial for verifying improvements.

Exceptions can be granted by the BSCI Secretariat for all Performance Areas provided that:

a. The follow up refers to a finding whose verification does not rely on documentary evidence
b. Suspicions notified by the auditor under “confidential comments”
c. Severe risk for workers’ health and/or life
328 Deleted this sentence « Original version in A3 format »
328 Deleted « different » and replace « mechanisms » by process » in order to have « Agrees to be
involved in the BSCI monitoring process »
329 Replaced this sentence « ANNEX 11 – THE BSCI COMMITMENT FORMULA VERSION 2016 »
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TABLE OF CONTENTS

PART I: UNDERSTANDING THE BSCI IMPLEMENTATION STRATEGY 23


1. THE BUSINESS SOCIAL COMPLIANCE INITIATIVE (BSCI)...............................................................................24
1.1. RELATIONS BETWEEN BSCI PARTICIPANTS AND THEIR BUSINESS PARTNERS............................................ 25
1.2. EXCHANGE AND INTERACTION........................................................................................................................26
2. HOW TO USE THE BSCI CODE OF CONDUCT...................................................................................................28
2.1. STRUCTURE......................................................................................................................................................28
2.2. CONTENT..........................................................................................................................................................28
2.3. ENDORSEMENT............................................................................................................................................... 29
2.4. REFUSAL..........................................................................................................................................................30
3. HOW TO DEVELOP THE BSCI IMPLEMENTATION STRATEGY............................................................................ 31
3.1. COMMIT TO IMPROVEMENT.............................................................................................................................32
3.2. RELY ON VALUES..............................................................................................................................................32
3.3. OBSERVE THE LAW..........................................................................................................................................33
3.4. ACT DILIGENTLY................................................................................................................................................33
3.5. MAP THE SUPPLY CHAIN.................................................................................................................................34
3.6. INVOLVE WORKERS..........................................................................................................................................40
3.7. INVOLVE THE PURCHASING DEPARTMENT..................................................................................................... 41
3.8. INVOLVE STAKEHOLDERS................................................................................................................................43
3.9. SET UP A GRIEVANCE MECHANISM.................................................................................................................43
3.10. STOP BUSINESS................................................................................................................................................44
4. HOW TO BUILD CAPACITIES..........................................................................................................................46
4.1. BUILDING CAPACITY FOR BSCI PARTICIPANTS................................................................................................ 47
4.2. BUILDING CAPACITY FOR BUSINESS PARTNERS.............................................................................................48
4.3. BUILDING CAPACITY FOR THE AUDITING COMPANIES.....................................................................................50
5. HOW TO ENGAGE STAKEHOLDERS................................................................................................................ 51
5.1. MEANINGFUL ENGAGEMENT........................................................................................................................... 51
5.2. IDENTIFICATION OF THE RELEVANT STAKEHOLDER GROUPS, ORGANISATIONS AND INDIVIDUALS.............52
5.3. PRIORITISATION OF THE RELEVANT STAKEHOLDERS.....................................................................................53
5.4. COOPERATION WITH STAKEHOLDERS.............................................................................................................53
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6. HOW TO DO MONITORING..............................................................................................................................56
6.1. BSCI AUDITS..................................................................................................................................................... 57
6.2. BSCI AUDIT RATING...........................................................................................................................................60
6.3. AUDIT VALIDITY................................................................................................................................................. 62
6.4. AUDIT SCOPE AND AUDIT EXTENT................................................................................................................... 63
6.5. SELECT THE AUDITING COMPANY...................................................................................................................66
6.6. SCHEDULE THE AUDIT..................................................................................................................................... 67
6.7. PREPARE FOR THE AUDIT................................................................................................................................68
6.8. AUDIT EXECUTION............................................................................................................................................ 71
6.9. FOLLOW-UP AND CONTINUOUS IMPROVEMENT............................................................................................. 73
6.10. BSCI AUDIT INTEGRITY PROGRAMME.............................................................................................................. 74
6.11. AUDITOR COMPETENCY...................................................................................................................................76
7. HOW TO DO REMEDIATION............................................................................................................................79
8. HOW TO DO COMMUNICATION....................................................................................................................... 81
8.1. THE RESPONSIBILITY TO COMMUNICATE........................................................................................................ 81
8.2. BUILDING A PROGRESSIVE APPROACH FOR COMMUNICATION......................................................................82

PART II: UNDERSTANDING THE BSCI AUDIT FOR AUDITORS 83


1. HOW TO FILL OUT THE BSCI AUDIT REPORT..................................................................................................85
1.1. AUDIT DURATION..............................................................................................................................................85
1.2. RATING DEFINITIONS.......................................................................................................................................86
1.3. COVER PAGE....................................................................................................................................................86
1.4. GENERAL INFORMATION................................................................................................................................. 87
1.5. AUDIT DATA EVIDENCE ...................................................................................................................................88
1.6. FAIR REMUNERATION QUICK SCAN................................................................................................................89
1.7. YOUNG WORKERS DATA..................................................................................................................................89
1.8. GRIEVANCE MECHANISM................................................................................................................................89
1.9. SUPPLY CHAIN MAPPING................................................................................................................................90
1.10. STAKEHOLDERS MAPPING..............................................................................................................................90
1.11. INTERVIEW EVIDENCE.................................................................................................................................... 91
1.12. MAIN AUDITEE.................................................................................................................................................93
1.13. SAMPLED FARMS (IF APPLICABLE)................................................................................................................94
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2. INTERPRETATION GUIDELINES PER PERFORMANCE AREA............................................................................95


2.1. PERFORMANCE AREA 1: SOCIAL MANAGEMENT SYSTEM AND CASCADE EFFECT.......................................95
2.2. PERFORMANCE AREA 2: WORKERS INVOLVEMENT AND PROTECTION......................................................103
2.3. PERFORMANCE AREA 3: THE RIGHTS OF FREEDOM OF ASSOCIATION AND COLLECTIVE BARGAINING.....107
2.4. PERFORMANCE AREA 4: NO DISCRIMINATION..............................................................................................111
2.5. PERFORMANCE AREA 5: FAIR REMUNERATION........................................................................................... 114
2.6. PERFORMANCE AREA 6: DECENT WORKING HOURS................................................................................... 121
2.7. PERFORMANCE AREA 7: OCCUPATIONAL HEALTH AND SAFETY..................................................................126
2.8. PERFORMANCE AREA 8: NO CHILD LABOUR................................................................................................149
2.9. PERFORMANCE AREA 9: SPECIAL PROTECTION FOR YOUNG WORKERS.....................................................155
2.10. PERFORMANCE AREA 10: NO PRECARIOUS EMPLOYMENT........................................................................160
2.11. PERFORMANCE AREA 11: NO BONDED LABOUR.........................................................................................165
2.12. PERFORMANCE AREA 12: PROTECTION OF THE ENVIRONMENT................................................................. 170
2.13. PERFORMANCE AREA 13: ETHICAL BEHAVIOUR.......................................................................................... 174
3. HOW TO DRAFT THE FINDINGS REPORT......................................................................................................178

PART III: UNDERSTANDING THE BSCI AUDIT FROM THE AUDITEE PERSPECTIVE 180
1. HOW TO COMPILE THE BUSINESS PARTNER INFORMATION.........................................................................182
1.1. COMPANY DATA..............................................................................................................................................183
1.2. SUPPLY CHAIN MAPPING...............................................................................................................................184
1.3. DECENT WORKING HOURS............................................................................................................................184
1.4. FAIR REMUNERATION QUICK SCAN...............................................................................................................185
1.5. STAKEHOLDER MAPPING...............................................................................................................................186
1.6. YOUNG WORKERS DATA.................................................................................................................................186
1.7. GRIEVANCE MECHANISM...............................................................................................................................186
2. 
UNDERSTANDING THE REQUIREMENTS PER PERFORMANCE AREA............................................................... 187
2.1. PERFORMANCE AREA 1: SOCIAL MANAGEMENT SYSTEMS AND CASCADE EFFECT...................................188
2.2. PERFORMANCE AREA 2: WORKERS INVOLVEMENT AND PROTECTION......................................................195
2.3. PERFORMANCE AREA 3: THE RIGHTS OF FREEDOM OF ASSOCIATION AND COLLECTIVE BARGAINING.....199
2.4. PERFORMANCE AREA 4: NO DISCRIMINATION..............................................................................................201
2.5. PERFORMANCE AREA 5: FAIR REMUNERATION...........................................................................................204
2.6. PERFORMANCE AREA 6: DECENT WORKING HOURS................................................................................... 211
2.7. PERFORMANCE AREA 7: OCCUPATIONAL HEALTH AND SAFETY.................................................................. 216
2.8. PERFORMANCE AREA 8: NO CHILD LABOUR................................................................................................238
2.9. PERFORMANCE AREA 9: SPECIAL PROTECTION FOR YOUNG WORKERS.....................................................243
2.10. PERFORMANCE AREA 10: NO PRECARIOUS EMPLOYMENT........................................................................248
2.11. PERFORMANCE AREA 11: NO BONDED LABOUR.........................................................................................252
2.12. PERFORMANCE AREA 12: PROTECTION OF THE ENVIRONMENT.................................................................257
2.13. PERFORMANCE AREA 13: ETHICAL BEHAVIOUR.......................................................................................... 261
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3. HOW FARMS ARE INVOLVED IN THE MONITORING PROCESS (IF APPLICABLE)............................................264


4. UNDERSTANDING THE INTERVIEWS CONDUCTED BY THE BSCI AUDITOR....................................................265
5. UNDERSTANDING THE BSCI AUDIT REPORT................................................................................................266
6. HOW TO DRAFT THE REMEDIATION PLAN ...................................................................................................268

PART IV: TEMPLATES 269


TEMPLATE 1: BUSINESS PARTNER INFORMATION.............................................................................................270
COMPANY CONTACT DETAILS....................................................................................................................................270
CONTACT PERSON DATA............................................................................................................................................ 271
PRODUCTION DATA.................................................................................................................................................... 271
PRODUCTION CALENDAR.......................................................................................................................................... 271
CERTIFICATION OVERVIEW.......................................................................................................................................272
WORKING ENVIRONMENT........................................................................................................................................273
REMUNERATION PRACTICE IN THE COMPANY........................................................................................................ 274
SITUATIONAL DESCRIPTIONS....................................................................................................................................275
TEMPLATE 2: SUPPLY CHAIN MAPPING.............................................................................................................276
TEMPLATE 3: SMALLHOLDERS SELF-ASSESSMENT...........................................................................................278
TEMPLATE 4: WORKING HOURS FORM..............................................................................................................282
TEMPLATE 5: FAIR REMUNERATION QUICK SCAN..............................................................................................283
REGIONAL CONTEXT INFORMATION.........................................................................................................................283
AVERAGE FAMILY EXPENSES INFORMATION...........................................................................................................284
CALCULATION FORMULA..........................................................................................................................................284
TEMPLATE 6: STAKEHOLDER MAPPING.............................................................................................................285
TEMPLATE 7: YOUNG WORKERS DATA...............................................................................................................287
TEMPLATE 8: GRIEVANCE MECHANISM.............................................................................................................289
TEMPLATE 9: REMEDIATION PLAN....................................................................................................................291

PART V: ANNEXES 293


ANNEX 1 – HOW TO START WITH THE BSCI PLATFORM......................................................................................294
1. BSCI PLATFORM TERMS OF USE..........................................................................................................................294
2. OVERVIEW OF THE PLATFORM FUNCTIONS.........................................................................................................295
3. HOW TO LOGIN......................................................................................................................................................297
4. TUTORIALS.............................................................................................................................................................298
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ANNEX 2 – BSCI CLASSIFICATION OF SECTORS, INDUSTRIES AND PRODUCT GROUPS.......................................299


ANNEX 3 – HOW TO SET UP A SOCIAL MANAGEMENT SYSTEM (SMS).................................................................302
1. BASIC ASPECTS.....................................................................................................................................................303
2. SOCIAL POLICY......................................................................................................................................................303
3. PROCEDURES...................................................................................................................................................... 304
4. RECORD KEEPING................................................................................................................................................ 305
5. INTERNAL MONITORING....................................................................................................................................... 306
6. SOCIAL MANAGEMENT SYSTEM REVIEW.............................................................................................................307
7. BUSINESS PARTNERS THAT ARE NOT TO BE MONITORED.................................................................................. 308
8. BUSINESS PARTNERS THAT ARE GOING TO BE MONITORED (PRODUCER)....................................................... 309
ANNEX 4 – HOW TO SET UP A GRIEVANCE MECHANISM..................................................................................... 311
1. UNDERSTAND THE PRINCIPLES...........................................................................................................................311
2. UNDERSTAND THE CONTENT............................................................................................................................... 313
3. UNDERSTAND THE PROCEDURE......................................................................................................................... 313
4. USE GRIEVANCE FORMS....................................................................................................................................... 314
5. FOLLOW-UP ONCE A GRIEVANCE IS LODGED.......................................................................................................316
6. COMPLAINTS FROM LOCAL COMMUNITY............................................................................................................318
ANNEX 5 – BSCI ZERO TOLERANCE PROTOCOL................................................................................................. 319
1. BACKGROUND.......................................................................................................................................................319
2. DEFINITION OF ZERO TOLERANCE ISSUES..........................................................................................................319
3. PROTOCOL FOR THE AUDITOR..............................................................................................................................320
4. PROTOCOL FOR THE BSCI SECRETARIAT:............................................................................................................. 321
5. PROTOCOL FOR ALL RELATED BSCI PARTICIPANTS:............................................................................................322
ANNEX 6 – MOST RELEVANT DOCUMENTS FOR THE BSCI AUDIT.......................................................................323
ANNEX 7 – BSCI BUYERS CHECKLIST...............................................................................................................327
ANNEX 8 – QUICK ASSESSMENT OF SOCIAL AUDITS FROM OTHER SYSTEMS.....................................................329
1. UNDERSTANDING THE CONTEXT..........................................................................................................................329
2. NON-NEGOTIABLE REQUIREMENTS QUICK-SCAN................................................................................................330
ANNEX 9 – BSCI CODE OF CONDUCT VERSION 2014 – FULL VERSION..............................................................335
ANNEX 10 – HOW BUSINESS ENTERPRISES ARE INVOLVED IN BSCI..................................................................373
ANNEX 11 – THE BSCI COMMITMENT FORMULA VERSION 2016........................................................................ 374
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EXECUTIVE SUMMARY

The BSCI System Manual 2014 has been developed by the BSCI Secretariat and BSCI Governance Bodies
to illustrate and explain the changes made by the BSCI Code of Conduct version 1/2014. A System Manual
version 2 has been issued with some changes after the six month soft launch period.

It is publically available to internal and external stakeholders, but addresses in particular:


• BSCI Participants and their significant business partners (particularly producers). They are all
business enterprises committed to improving working conditions in their supply chains
• Auditing companies and other service providers with whom BSCI works to build capacities in the
supply chain
The BSCI System Manual is the necessary reference to clarify any doubt or concern. It is particularly
recommended for corporate social responsibility, purchasing and other strategic departments that lead the
culture of the company.

The BSCI System Manual explains:


• How to conduct due diligence and integrate the BSCI Code of Conduct into the core business culture
• How to map the supply chain and set priorities
• How to cascade the values and principles of the BSCI Code of Conduct along the supply chain
• How to build partnerships and use the leverage related to participating in BSCI
• How to prepare and maximise the value of social audits
BSCI organises continuous trainings to build capacities and deepen understanding of the BSCI System.

Revision cycle: This BSCI System Manual and the BSCI Audit Report have a revision cycle of 18 months from
the last publication date. Feedback is collected during the first 12 months of the cycle either through the BSCI
Governance Bodies (internal feedback) or by email to: system@bsci-intl.org.
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PAGE 15

DOCUMENT ROADMAP

The BSCI System Manual is organised into five parts.


• Part I: Understanding the BSCI Implementation Strategy: This part addresses all audiences and sets
the grounds to understand BSCI mechanisms. All other parts in the System Manual refer to Part I and
provide additional explanations.

• Part II: Understanding the BSCI Audit – For auditors: This part addresses the auditor as it explains
the BSCI Audit approach and methodology. Other audiences would benefit from reading it.

• Part III: Understanding the BSCI Audit – From the auditee perspective: This part addresses the auditee
(business partner to be monitored) by guiding it through all the steps to successfully prepare for the
BSCI Audit. Other audiences would benefit from reading it.

• Part IV: Templates:


Business Partner Information and Supply Chain Mapping: These templates can be used by any business
enterprise to request information from a third party to initiate its mapping process. They are also used
by the auditee to gather information, which will be evaluated during the audit.
¡¡ Business Partner Information

¡¡ Supply Chain Mapping

¡¡ Smallholders Self-Assessment

¡¡ Working Hours Form

¡¡ Fair Remuneration Quick Scan

¡¡ Stakeholder Mapping

¡¡ Young Workers Data

¡¡ Grievance Mechanism

¡¡ Remediation Plan

• PART V: Annexes:
These annexes provide further information on some of the key aspects touched upon in the System
Manual:
¡¡ How to Start with the BSCI Platform

¡¡ BSCI Classification of Sectors, Industries and Product Groups

¡¡ How to Set Up a Social Management System

¡¡ How to Set Up a Grievance Mechanism

¡¡ BSCI Zero Tolerance Protocol

¡¡ Most Relevant Documents for the BSCI Audit

¡¡ How Business Enterprises are Involved in BSCI

¡¡ The BSCI Commitment Formula version 2016


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PAGE 16

These annexes are additional tools to support BSCI Participants in assessing their supply chains:
¡¡ BSCI Buyers Checklist

¡¡ Quick Assessment of Social Audits from Other Systems

¡¡ BSCI Code of Conduct 1/2014 full version

In every chapter of the System Manual, the main audiences are identified according to the topics under
discussion.
Company representatives may choose to read only the most relevant chapters to better understand their
roles in BSCI.

For BSCI Participants. For Business Partners For Business Partners For Auditing Companies
E.g. brands, retailers, not to be monitored. E.g. to be monitored.
importers traders, producers E.g. producers

In addition, chapters are marked with different arrows depending on the implementation phase they refer to:

Scoping and assessing

Acting and integrating

Knowing and showing


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PAGE 17

BSCI PARTICIPANT

PART I
Chapter 1
BSCI
p. 19

PART I
Chapter 2 Annex 10
How business enterprises
BSCI Code of Conduct are involved in BSCI
p. 22

PART I
Subchapter 4.1
Annex 3
Capacity Building for Social Management System
BSCI Participants
p. 41

PART I PART I
Chapter 3 Subchapter 3.9 Annex 4
Implementation strategy Grievance Mechanism Grievance mechanism
p. 25 p. 37

PART I Annex 7
BSCI Buyers Checklist
Subchapter 3.7
Purchasing Department
Annex 8: Quick Assessment
p. 35 of social audits from other systems

Part I - Subchapter 4. 2 PART II


Building Capacity p. 77
for Business Partners - consult
p. 42 performance
areas
PART I
PART IV PART I - Chapter 6
Subchapter 3.5
Templates Monitoring
Map the supply chain
p. 263 p. 50
p. 28 PART III
p. 174
PART I - Subchapter 3.10 - producer self-
PART I Stop business assessment
Chapter 5 p. 38 - consult
performance
Engage stakeholders areas
p. 45

PART I
Chapter 7 Annex 5
Remediation BSCI Zero tolerance protocol
p. 73

PART I
Chapter 8
Communication
p. 75
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PAGE 18

BUSINESS PARTNER
NOT TO BE MONITORED

PART I
Chapter 1
BSCI
p. 19

PART I
Chapter 2 Annex 10
How business enterprises
BSCI Code of Conduct are involved in BSCI
p. 22

Annex 3
Social Management System

Annex 4
PART I Grievance mechanism
Chapter 3
Implementation strategy
p. 25 Annex 7
BSCI Buyers Checklist

Annex 8
Quick Assessment of
social audits from other systems

PART I
Chapter 4
Capacity Building
p. 40

PART I
Chapter 5
Engage stakeholders
p. 45

PART I
Chapter 7
Remediation
p. 73

PART I
Chapter 8
Communication
p. 75
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PAGE 19

BUSINESS PARTNER
TO BE MONITORED

PART I
Chapter 1
BSCI
p. 19

Annex 10
PART I How business enterprises
Chapter 2 are involved in BSCI
BSCI Code of Conduct Annex 9
p. 22 BSCI Code of Conduct 2014
Full version

Annex 3
PART I Social Management System
Chapter 3
Implementation strategy
p. 25 Annex 4
Grievance mechanism

PART I
Subchapter 4. 2
Building Capacity
for Business Partners
p. 42

PART I
PART IV
Chapter 6
Templates
Monitoring
p. 263
p. 50

PART I
Chapter 5
Engage stakeholders
P. 45

PART III
p. 174 Annex 6
- self-assessment Most relevant documents
- consult performance for BSCI audit
areas

PART I
Chapter 7
Remediation
p. 73
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PAGE 20

AUDITOR

PART I
Chapter 1
BSCI
p. 19

Part I
Subchapter 4.3
Building Capacity
for Auditing Companies
PART I
p. 44
Chapter 6
Monitoring
p. 50 Part IV Part III
Templates p. 174
p. 263 - consult performance areas

Annex 6
Most relevant documents
PART II for BSCI audit
p. 77
- consult performance
areas Annex 9
BSCI Code of Conduct 2014
Full version
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PAGE 21

DEROGATION NOTE

The BSCI System Manual 2014 overrules all precedent documents related to the BSCI Code of Conduct version
2009.

The documents below are applicable and coherent with the System Manual:

Official BSCI Documents Publication


Date
Operational Documents
BSCI Code of Conduct including all attachments and official translations January 14
BSCI Participants' Logo and Guidelines for Use 2014
BSCI Audit Report December 14
Communicate Your Engagement: Manual for Participants on BSCI Communication December 14
BSCI Classification of Risk Countries and related Briefing Paper January 14
FTA By-laws June 11
Memo Clarifications regarding the New FTA Framework Contract with the Auditing July 13
Companies
Position Papers
BSCI Position Paper on Prison Labour in China December 13
BSCI Position Paper on Sumangali April 14
BSCI Position Paper on Living Wages December 13
Cooperation Agreements
Cooperation Agreement between China National Textile & Apparel Council (CNTAC) and May 07
Foreign Trade Association (FTA)
Memorandum of Understanding with ICTI Care Foundation December 08
Memorandum of Understanding with SAI February 08
Memorandum of Understanding with GLOBAL GAP April 09
Memorandum of Understanding with GSCP March 12
Memorandum of Understanding with Vinos de Chile March 14
Memorandum of Understanding with Rainforest Alliance July 12
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PAGE 22

LIST OF ACRONYMS

BSCI Business Social Compliance Initiative

CSR Corporate Social Responsibility

FTA Foreign Trade Association

GRASP GLOBALG.A.P. Risk Assessment on Social Practice

GRI Global Reporting Initiative

HR Human Resources

ILO International Labour Organization

ISO International Organization for Standardization

IT Information Technology

KPI Key Performance Indicator

NGO Non-Governmental Organisation

OECD Organisation for Economic Co-operation and Development

OHS Occupational Health and Safety

PPE Personal Protective Equipment

RSP Responsibility

RUC Random Unannounced Check

SAAS Social Accountability Accreditation Services

SAI Social Accountability International

SMETA Sedex Members Ethical Trade Audit

SMS Social Management System

SWOT Strengths, Weaknesses, Opportunities and Threats

UN United Nations
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PAGE 23

PART I

Understanding the
BSCI Implementation
Strategy

PART I: Understanding the BSCI Implementation Strategy


PREVIOUS
PART I – 1. THE BUSINESS SOCIAL COMPLIANCE INITIATIVE (BSCI) PAGE 24

1. THE BUSINESS SOCIAL COMPLIANCE


INITIATIVE (BSCI)

Chapter 1 begins by briefly introducing BSCI. The chapter also describes


interrelations between different business enterprises and how they are involved in
the BSCI implementation process.

These are the documents related to the chapter:


• Annex 9: BSCI Code of Conduct full version
• Greeting letters for business partners
• Annex 1: How to Start with the BSCI Platform
• Annex 11: The BSCI Commitment Formula version 2016
The Business Social Compliance Initiative (BSCI) is a business-driven initiative for
companies committed to improving working conditions in factories and farms worldwide.
The initiative was created in 2003 by the Foreign Trade Association (FTA) to offer
companies a common Code of Conduct and a holistic system towards achieving social
compliance in the supply chain.

As an international system with its secretariat based in Brussels, Belgium, BSCI was
established by and for its Participants: retail and importing companies that operate across

scoping and assessing


a wide range of business sectors and industries. BSCI Participants and their business
partners are committed to implementing the BSCI Code of Conduct version 1/2014.

The BSCI Code of Conduct defines the values and principles for responsible business
practices in the supply chain. When a company has signed the BSCI Code, the signature
represents its public commitment to responsible business. In addition, BSCI Participants
are measured against the BSCI Commitment Formula.

BSCI Participants and their business partners:


• Work towards improving working conditions in their supply chains in a step-by-step
development approach
• Integrate the BSCI Code of Conduct into their business enterprise culture
• Act diligently
• Seek early detection of risks and impacts with the support of relevant stakeholders
through meaningful dialogue and engagement
Stakeholders are individuals, communities or organisations that are affected by and may
affect an organisation’s products, operations, markets, industries, and outcomes.
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PART I – 1. THE BUSINESS SOCIAL COMPLIANCE INITIATIVE (BSCI) PAGE 25

1.1. RELATIONS BETWEEN BSCI PARTICIPANTS AND THEIR BUSINESS PARTNERS


A company can be involved in BSCI directly or indirectly:
• Directly: The company becomes a member of FTA and endorses BSCI in its
Declaration of Membership. It is a BSCI Participant.
• Indirectly: The company is a significant business partner of one or more BSCI
Participants. This company:
¡¡ May or may not have production work environments

¡¡ Agrees upon the BSCI Code of Conduct and the relevant Terms of
Implementation for Business Partners depending if they are going to be
monitored within BSCI or not

IMPORTANT – Only business partners with production working environments can be


monitored within BSCI. Business partners that cannot be monitored (e.g. trading
offices or companies offering logistics or technical services), will sign the Code with
the Terms of Implementation for Business Partners.

The concept of Responsibility (RSP): The relations between BSCI Participants and their
business partners in the BSCI system are tied together by the concept of Responsibility
(RSP). This concept is a foundation of the BSCI system and directly relates to the exercise
of due diligence over the supply chain. While several BSCI Participants may have business
with a same producer and work towards promoting producers’ continuous improvement,
only one (RSP) will have the leadership with regard BSCI audits».

scoping and assessing


Rights RSP Linked
participants
1 Provide business partner with COC and TOI YES YES

2 Inviting business partners to capacity building activities YES YES

Interacting with other participants linked to the same YES YES


3
business partner

4 Reacting to Zero Tolerance alert YES YES

5 Support business partners in the remediation process YES YES

Engaging with relevant stakeholders to support YES YES


6
business partners

7 Authorising the timing of the BSCI audit YES NO

8 Authorising the auditing company YES NO

9 Authorising BSCI Audit (both full and follow up) YES NO

10 Accepting equivalent auditing system YES NO

11 Realising RSP in favour of other linked participant YES NO


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PART I – 1. THE BUSINESS SOCIAL COMPLIANCE INITIATIVE (BSCI) PAGE 26

The RSP status is managed through the BSCI Platform. BSCI Participants have responsibility
for all their business partners included in the BSCI Platform. In addition, BSCI Participants
can have RSP if they intend to have a stronger influence over the monitoring process.

BSCI recommends that BSCI Participants have internal policies to define:


• Under which circumstances they should take the RSP status, if available
• Under which circumstances they may withdraw RSP status
For more information, see BSCI System Manual Part V – Annex 1: How to Start with the BSCI
Platform.

1.2. EXCHANGE AND INTERACTION


To facilitate open and constructive dialogue among business partners and stakeholders,
BSCI offers several platforms for exchange and interaction.
• Democratic Governance: Since FTA (hence BSCI) is a Civil Association, the General
Assembly is the highest decision-making body. The General Assembly delegates
its power for running BSCI activities to the BSCI Steering Committee, which is
composed of company representatives nominated by the participants themselves.
Additionally, the Stakeholder Council provides stakeholders with an active voice in
the governance of the initiative.
• BSCI Working Groups: BSCI Participants shape BSCI’s development through their
membership in BSCI Working Groups. Working Groups present a crucial opportunity
to exchange learnings and information among peers.

scoping and assessing


• National Contact Groups: National Contact Groups (NCGs) are formal or informal
platforms of exchange organised in countries where there is a significant number
of BSCI Participants to justify common strategies and regular exchanges of
information. The NCGs are not part of BSCI or FTA governance.
• BSCI Platform: This IT tool offers the possibility to seek and store information
concerning the supply chain. Depending on whether the company is directly
involved in BSCI (BSCI Participant) or indirectly (business partner of one or more
BSCI Participants), the level of access and user rights are different. Auditors are key
users of the BSCI Platform as the BSCI audit process is organised using this tool.
See www.bsciplatform.org/home
• Capacity Building Sessions: These sessions present many opportunities for
exchange among peers. They benefit BSCI Participants and their business partners.
See http://academy.fta-intl.org/login/index.php
• Stakeholder Round Tables: These sessions aim at developing a regular and
meaningful dialogue with local stakeholders in sourcing countries. They offer
many opportunities to learn about local stakeholders’ expectations, activities and
constraints. The round tables are not part of BSCI or FTA governance.
• Secretariat: The FTA Secretariat develops and maintains the BSCI system and
related tools for all actors involved. It also serves as a liaison between BSCI
Participants and specific stakeholders (e.g. trade unions, non-governmental
organisations (NGOs), certification schemes, governments).
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PART I – 2. HOW TO USE THE BSCI CODE OF CONDUCT PAGE 27

KEY MESSAGES
The Business Social Compliance Initiative
• All business enterprises involved in BSCI are committed to improve working
conditions, engage with stakeholders and endorse the BSCI Code of Conduct and
Appendices
• A business enterprise is involved in BSCI either by becoming a BSCI Participant or
by being a business partner in the supply chain of one or more BSCI Participants
• Open and constructive dialogue among business partners and stakeholders is
crucial for a sustainable implementation of BSCI

scoping and assessing


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PART I – 2. HOW TO USE THE BSCI CODE OF CONDUCT PAGE 28

2. HOW TO USE THE BSCI CODE OF CONDUCT

Chapter 2 explains the structure of the BSCI Code and how it can be used by BSCI
Participants and their business partners. This chapter also lists options for the
business partners of BSCI Participants that refuse to sign the Code.

These are the documents related to the chapter:


• Annex 9: BSCI Code of Conduct full version
• Greeting letters for business partners

2.1. STRUCTURE
The BSCI Code of Conduct is composed of a set of documents that must be read together:

BSCI Code of Conduct

Terms of Implementation
Terms of Implementation Terms of Implementation
for Business Partners
for BSCI Participants for Business Partners
to be monitored

BSCI Reference

scoping and assessing


BSCI Glossary

Figure 1: The structure of the BSCI Code of Conduct

2.2. CONTENT
The BSCI Code of Conduct:
• Demands observance of the law
• Provides a shared ethical and responsible approach to develop business
partnerships, which empowers workers through international trade
• Builds on the International Labour Organization’s (ILO’s) Fundamental Conventions,
which apply to all countries
• Aligns with the UN Guiding Principles on Business and Human Rights and similar
international standards
PREVIOUS
PART I – 2. HOW TO USE THE BSCI CODE OF CONDUCT PAGE 29

2.3. ENDORSEMENT
BSCI Participants can share the BSCI Code of Conduct with their business partners:
• As a stand-alone document attached to the terms of purchase or contracts
• As a reference in a clause of the contract
• Fully integrated in the contract or terms of purchase
• Fully integrated in their own codes of conduct
The BSCI Code of Conduct can be integrated in these documents but it has to be respected
in its entirety. It is not acceptable to change or to eliminate any part, principle or value of
the BSCI Code.

Disclaimer: If BSCI Participants decide to change the layout of the BSCI Code of Conduct,
the following paragraph must be included at the top of the document:

“The document herein is a literal translation of the BSCI Code of Conduct version
1/2014. As a Business Enterprise which has endorsed the BSCI Code of Conduct,
we have adapted the document into our own layout to better contribute to the BSCI
cascade effect.”

Legal clause: This is an example of legal clause that BSCI Participants can integrate in
purchase contracts to make business partners endorse the BSCI Code of Conduct:

“The [Business Partner] hereby acknowledges that it has been made aware of,
and fully adheres to, the contents and requirements of the BSCI Code of Conduct

scoping and assessing


and related Terms of Implementation, [reproduced in annex hereto / available upon
request / a copy of which has been provided to the Business Partner], and that such
documents will be deemed to form an integral part of this [Agreement/Contract].”

Business partners of BSCI Participants can share the BSCI Code of Conduct in their own
supply chains in the same way.

IMPORTANT – Once it has been signed, the BSCI Code and Terms of Implementation
provide business enterprises with the legal framework to request information on the
social responsibility of the signee.
This is particularly important if the company is going to be audited as no audit can
be conducted without the previous signature of the Code and relevant Terms of
Implementation.

Production facilities must post the BSCI Code of Conduct to inform the workforce.
See BSCI System Manual Part V – Annex 9: BSCI Code of Conduct 2014 Version.
PREVIOUS
PART I – 3. HOW TO DEVELOP THE BSCI IMPLEMENTATION STRATEGY PAGE 30

2.4. REFUSAL
Some business enterprises may refuse to sign the Code of Conduct and related Terms of
Implementation.

If faced by this situation, BSCI Participants or their business partners must consider if
they:
• Can still get reliable information on their business partners’ social performance in
other ways (e.g. other social audit reports)
• Can use the leverage of BSCI Participants sourcing from the same business partner
to get the business partner to sign the Code
• Stop the business relation because the risk of working with unwilling business
partners is too high

For information on stopping business, see BSCI System Manual Part I - Chapter 3,
subchapter 3.10.: Stop Business.

KEY MESSAGES
How to use the BSCI Code of Conduct
• Business enterprises can endorse the BSCI Code of Conduct as a stand-alone
document or if it is integrated in other documents (e.g. terms of purchase)
• The BSCI Code and Terms of Implementation provide business enterprises with the

scoping and assessing


legal framework to request information on the social responsibility of the signee
• Business enterprises at every level of the supply chain should also request their
business partners to sign the BSCI Code
• Business enterprises need a policy on what to do with business partners that are
unwilling to sign and commit to the BSCI Code and Terms of Implementation
• Business enterprises cannot be audited without having previously signed the BSCI
Code and relevant Terms of Implementation
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PART I – 3. HOW TO DEVELOP THE BSCI IMPLEMENTATION STRATEGY PAGE 31

3. HOW TO DEVELOP THE BSCI IMPLEMENTATION


STRATEGY

Chapter 3 discusses how to develop the BSCI implementation strategy. Some


aspects of strategy apply to all business enterprises regardless of direct or indirect
involvement in the initiative.

This chapter also details the methodology of operational processes such as the
business partner mapping exercise.

These are the documents related to the chapter:


• Countries’ Risk Classification
• Template 1: Business Partner Information
• Template 2: Supply Chain Mapping
• Template 3: Smallholders Self-Assessment
• Template 6: Stakeholders Mapping
• Template 8: Grievance Mechanism
• Annex 3: How to Set Up a Social Management System
• Annex 4: How to Set Up a Grievance Mechanism

scoping and assessing


• Annex 5: BSCI Zero Tolerance Protocol
• Annex 6: Most Relevant Documents for the BSCI Audit
• Annex 7: BSCI Buyers Checklist
• Annex 8: Quick Assessment of Social Audits from Other Systems
• BSCI Audit Report
PREVIOUS
PART I – 3. HOW TO DEVELOP THE BSCI IMPLEMENTATION STRATEGY PAGE 32

3.1. COMMIT TO IMPROVEMENT


The BSCI Code represents a company’s public commitment to socially responsible
business in the supply chain. To make the Code as effective as possible, it should be used
as a policy for the company.

Buy-in and cooperation from the CEO and senior management is essential.

Company functions closest to the sustainability side of the supply chain (e.g. CSR
managers) will find the BSCI Code and Appendices applicable in their day-to-day
work. Cooperation between departments will ensure that, eventually, all departments
incorporate the BSCI Code into the business activities.

To assimilate the BSCI values and principles into the organisational culture and operations,
BSCI Participants as well as their business partners in the supply chain need to:
• Establish short-, medium- and long-term goals
• Set procedures that integrate the BSCI Code
• Communicate and engage with internal and external stakeholders
• Integrate the learnings from operations on a regular basis
The success of socially responsible enterprises relies on:
• The seriousness of their commitment
• The degree to which the core values have been embedded in the business culture
Both aspects of success will present continuous challenges when:
• Defining medium- and long-term business strategies

scoping and assessing


• Taking decisions to address imminent risks

3.2. RELY ON VALUES


Values and principles exist to guide individual behaviours and choices.
In a company, different individuals with different values and principles coexist. To ensure
that a company behaves according to its values and principles, internal procedures need
to be written and implemented.

These procedures need to be coherent with the values and principles endorsed by the
company so individuals are:
• Compelled to act upon those values and principles
• Guided by those values and principles when facing difficult decisions or dilemmas
Business enterprises directly or indirectly involved in BSCI share the same values of
empowerment, cooperation and continuous improvement.

Importance of the values: Why are these three core values important?
• They represent the business enterprise culture
• They strengthen the business enterprise’s credibility
• They provide a foundation for developing partnerships
• They facilitate decision-making when faced with a dilemma
• They guide day-to-day responsible entrepreneurship
• They distinguish business enterprises involved in BSCI from those that are not
PREVIOUS
PART I – 3. HOW TO DEVELOP THE BSCI IMPLEMENTATION STRATEGY PAGE 33

3.3. OBSERVE THE LAW


The BSCI Code of Conduct reflects universally-accepted international conventions, which
most countries have already integrated into legislation. Business enterprises that respect
the law most likely follow the BSCI Code of Conduct already.

Obeying the domestic law is in any case the first obligation of business enterprises
whether or not:
• Companies are directly or indirectly involved in BSCI
• Their social performance is going to be monitored within the BSCI system
In case of contradiction between the domestic law and the BSCI Code of Conduct, the
stipulation that provides the highest protection to workers and the environment prevails.
At the same time, BSCI Participants must be vigilant to avoid putting their business
partners in a situation where the business partner faces the dilemma of being in breach of
domestic law in order to satisfy the BSCI Participant’s demands.

IMPORTANT – Going beyond workers protection provided by domestic law is not the
same as being in breach of the law.

3.4. ACT DILIGENTLY


Anticipation: Practicing due diligence aims at anticipating potential risks or harms before
they occur by:

scoping and assessing


• Attitudes: Developing analytical approaches to build relationships
• Systems: Designing internal systems to understand and assess risks
• Resources: Providing processes and resources for preventing and mitigating
negative impacts
Community expectations: Due diligence relates to the expectations that the relevant
community has on a business enterprise’s behaviour. Although the specific expectations
may vary from one community to another, the overall expectation that society has put
on business enterprises to behave ethically and responsibly continues to increase
dramatically.

Society including governments, consumers and shareholders requests solid and


convincing answers from the business community.

Gathering information: In order to respond to these expectations, gathering and assessing


information on the supply chain is crucial.

Balance expectations with resources: Aiming at full coverage and transparency of


the entire supply chain is unrealistic: businesses need to scope, prioritise and balance
societal expectations and resources.
PREVIOUS
PART I – 3. HOW TO DEVELOP THE BSCI IMPLEMENTATION STRATEGY PAGE 34

Early detection: Early detection allows a business to address injuries, quality problems or
complaints before they escalate. This allows the company to:
• Strengthen its reputation
• Support a more stable business environment
• Save money
IMPORTANT – No business enterprise should suggest that its sole motivation to
support early detection of labour and human rights abuses in the supply chain (and
at production sites) is reputational, and by extension financial. Business enterprises
that have endorsed the BSCI Code of Conduct should see it as a non-negotiable pillar
of the company identity. The application of the BSCI Code of Conduct should be part of
the plan, even if there is no imminent crisis or threat identified by critics.

3.5. MAP THE SUPPLY CHAIN


Mapping is an exercise to visualise the relations among the different business partners in
the supply chain. It allows BSCI Participants and their business partners to define:
• Who the actors are
• How significant they are for the business
• What level of leverage is possible
• Which actions must be taken
3.5.1. Gathering Information

scoping and assessing


Sources of information: The following sources of information are useful for the mapping exercise:
• Stakeholders: Information from relevant stakeholders
• Grievance mechanism report: Internal or external
• Self-assessment: Questionnaires or equivalent
• Commercial visits: Buyers or the purchasing team
• Social audit reports (if available)
Not all information has the same relevance. Therefore, it needs to be classified.
This is one example of how to classify information according to its reliability:

Irrelevant
Evidence Grievance Statement Anecdotes information
(Rumours)

IMPORTANT – Business partners that will be monitored within the BSCI system will
pay special attention to the effectiveness of their record keeping as auditors’ work
relies heavily on records verification.
Effective record keeping directly depends on having an effective Social Management
System.

For more information, see BSCI System Manual Part V:


• Annex 3: How to Set Up a Social Management System
• Annex 6: Most Relevant Documents for the BSCI Audit
PREVIOUS
PART I – 3. HOW TO DEVELOP THE BSCI IMPLEMENTATION STRATEGY PAGE 35

3.5.2. Defining Scope


Not all business enterprises are eligible to be involved in BSCI.

BSCI Participants need to define how and where they are going to use BSCI.

They will take into consideration the:


• BSCI mission: BSCI aims at improving working conditions in the supply chain.
Therefore, BSCI Participants will not use BSCI for different purposes
• Geographic area: BSCI Participants need to analyse their supply chains to
understand where production is carried out
• Specific social risks: BSCI Participants may face additional social risks related to
their business models, sectors or sourcing regions
• Significance of their business partners: BSCI Participants need to prioritise where
to allocate their efforts and resources
3.5.3. Classify and Select Business Partners
Both BSCI Participants and their business partners need to classify and select:
• Companies with which they do business
• Companies for which additional verification is needed
In general, for any company, significant business partners:
• Represent a large share of the purchasing volume

scoping and assessing


• Have an impact on the reputation of the company
• Are potentially related to significant risks of adverse human rights (either directly or
indirectly)
Out of all significant business partners, some:
• Are more significant than others
• Present more social risks than others
PREVIOUS
PART I – 3. HOW TO DEVELOP THE BSCI IMPLEMENTATION STRATEGY PAGE 36

There are several resources to draw on to classify and select business partners:
• Countries Risk Classification: BSCI classifies countries according to six governance
dimensions. For more information: http://www.bsci-intl.org/sites/default/files/
countries_risk_classification_final_version_20140109.pdf
• Least developed countries: These countries represent a heightened likelihood of
risks. For more information: www.un.org/en/development/desa/policy/cdp/ldc/
ldc_list.pdf
• Sector-related accumulated experience from purchasing personnel. By drawing
on this experience, a company may develop a list of aspects considered risky:
¡¡ Use of agents to subcontract workers

¡¡ Manufacturing of goods that is often done using homeworkers, like


embroidery or other handcrafts
¡¡ Products coming from areas where children’s education is not granted

¡¡ Food crops that are collected using extensive manual labour

• Media and NGO reports: Companies may use these reports to get insight on risks in
specific areas.
• Information-gathering techniques such as:
¡¡ Self-assessment questionnaires

¡¡ Audit reports

¡¡ Interviews or checklists

• Diagraming techniques: A company devotes different levels of investment and

scoping and assessing


vigilance to its business partners, depending on where they are placed in the
diagram. These are some examples that can be useful:
¡¡ The arc of human rights priorities

¡¡ Diagram of Risks - likelihood - versus severity

¡¡ Strengths, Weaknesses, Opportunities and Threats (SWOT analysis)

IMPORTANT – The more complex the supply chain, the more a company will need to
use several sources of information to identify risks and business partners.

BSCI offers BSCI Participants and their business partners a set of templates and annexes
to gather information on their potential or existing business partners.

For more information, see BSCI System Manual:


• Part IV:
¡¡ Template 1: Business Partner Information
¡¡ Template 2: Supply Chain Mapping

¡¡ Template 3: Smallholder Self-Assessment

• Part V - Annex 7: BSCI Buyers Checklist


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PART I – 3. HOW TO DEVELOP THE BSCI IMPLEMENTATION STRATEGY PAGE 37

3.5.4. Take Action


Once business partners are classified and selected, BSCI Participants as well as their
business partners must decide what the best option is for handling those relationships.

This decision needs to be taken at the management level and adapted regularly to account
for new information or new business partners.

The following chart helps to visualise the different approaches and related consequences.

APPROACH CONSEQUENCE
• The company acknowledges that a certain business partner
represents a risk for the company
• The company deliberately accepts the risk without engaging in special
ASSUME
efforts to control it
• A manager needs to approve the decision and bear the consequences
if something goes wrong

• The company is aware of the risks


• The company defines extra efforts to handle the risks
• The company implements actions to minimise the impact or likelihood
CONTROL of risk that the business partner brings to the company
• The company allocates financial resources to support the defined efforts

scoping and assessing


• A person responsible for those efforts closely follows-up on reducing
the risks

• The company shares its responsibility and authority with another


business enterprise so it controls the risks on its behalf.
These are some examples:
¡¡ A brand requires an importer to control producers’ risks on its
behalf
¡¡ A producer requires the workforce on its behalf
CASCADE
• The cascade effect can be very efficient when both parties exchange
information regularly and share responsibility and resources
• Full transfer of responsibility is no longer acceptable. Companies are
expected to know and act accordingly to avoid the adverse impact
they may have as well as the adverse impacts on the right holders
themselves

• The company adjusts its requirements to eliminate or reduce the


risks. These are some examples:
¡¡ A brand stops business with an importer that does not disclose
AVOID satisfactory information on the sourcing location
¡¡ A company only sources from local and well-known partners

• Full avoidance is not feasible. Companies always assume certain risks

Figure 2: Taking Action in the Supply Chain – Approaches and Consequences


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PART I – 3. HOW TO DEVELOP THE BSCI IMPLEMENTATION STRATEGY PAGE 38

3.5.5. Decide which Business Partners to Monitor


Only BSCI Participants take this decision: BSCI Participants ultimately decide which
of their business partners are to be monitored. In the BSCI system, monitoring relates
to BSCI Audits, which can only be done through the BSCI Platform and by following BSCI
specifications. Other ways of verification can be complementary, but they are not part of
the BSCI system.

The decision to monitor business partners within BSCI or not is done:


• Directly: The BSCI Participant identifies the business partners to be monitored and
integrates them as part of its pool of producers in the BSCI Platform
• Indirectly: The BSCI Participant transfers its responsibility to another business
partner to identify which business partners are to be monitored. This occurs when
the BSCI Participant relies on:
¡¡ The choice made by other BSCI Participants (e.g. their importers are also
BSCI Participants)
¡¡ The advice and information from an intermediary in the supply chain to
build the pool of producers to be monitored
Reasons to monitor:

Significant business partners are to be monitored if:


• They have a production work environment
• The level of trust about their social performance is not acceptable

scoping and assessing


• Their level of maturity is insufficient to maintain a good social performance

IMPORTANT - The BSCI Audit protocol has been designed to verify production working
environments. Other working environments such as trading offices, logistics companies
or specialised technical support are not part of the scope of BSCI audits.

Signature of the Code: These business partners must sign the BSCI Code of Conduct and
Terms of Implementation for Business Partners to be involved in the BSCI monitoring
process, which includes their agreement to receive BSCI Audits.
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Reasons not to monitor:


BSCI Participants will decide not to monitor business partners if:
• They do not have a production work environment (e.g. agent)
• The level of trust about their social performance is acceptable because:
¡¡ They provide regular and accurate information on their own social
performance and the social performance of their business partners
¡¡ They hold a valid certificate or audit from an equivalent social scheme:

-- SA8000 Certificate: If the producer holds a valid SA 8000 certificate,


the related BSCI Participant will present a copy of the certificate to the
BSCI Secretariat for verification and eventual uploading on the BSCI
Platform. This producer does not need to be monitored as long as it is
covered by the valid certificate
-- Other social schemes: If the producer claims to have a valid social
audit or certificate from another system, the related BSCI Participant
shall use the BSCI Quick Assessment of Social Audits from Other
Systems to evaluate the extent to which certain non-negotiable
criteria are covered by the system in question. In addition, the
BSCI Secretariat will provide BSCI Participants with a catalogue of
equivalent social schemes. To consult the BSCI Quick Assessment,
see BSCI System Manual Part V – Annexes
Signature of the Code: These business enterprises will not receive a BSCI audit. However,
the BSCI Participant will ask them to sign the Code and relevant Terms of Implementation.

scoping and assessing


With this signature, these business partners commit to proactively share information on
their social compliance and/or their supply chains.
Sourcing from a BSCI Participant: BSCI Participants do not usually have production work
environments. Hence they cannot be monitored. Furthermore, their endorsement of and
commitment to BSCI is usually reliable enough for fellow Participants. However, in some
cases, a BSCI Participant sourcing from another may need additional information and
updates on the implementation of BSCI in its supply chain. This occurs, for example, when
participant A sources from participant B and the producers linked to participant B are
irrelevant for participant A. In this case, two options are possible:
• Participant B includes producers in the BSCI system that are relevant for participant A
• Participant B discloses the information on the relevant producers so participant A
can include these producers under its own responsibility

Similar to any other business enterprise, producers may request audits for some
of their own business partners.
These audits can be:
• Part of their Social Management System
• Internal audits
• Second-party audits
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PART I – 3. HOW TO DEVELOP THE BSCI IMPLEMENTATION STRATEGY PAGE 40

IMPORTANT – Producers that source directly from farms include these farms as part
of their Social Management System and regularly conduct internal audits to verify
working conditions at the farm level.
For more information, see BSCI System Manual Part III: Understanding the BSCI Audit –
From the auditee perspective.

3.6. INVOLVE WORKERS


Every company should find a way to strengthen workers involvement and their voices
within the company.

Making workers aware of their rights and responsibilities is an investment, which


contributes to:
• Productivity
• Quality of products and services
• Better governance
• Better social development within and outside the company
Assessment: There is not a universal way of assessing the level of workers involvement
but these are some questions that can be used in the process:
• Is the workforce stable or is there high turnover?
• Are there many migrant workers (who in principle have less understanding of the
host country’s laws)?

scoping and assessing


• How is the relation with local unions?
• Is there a workers representative freely elected by the workers?
• Are workers directly hired or subcontracted?
• Is there a competent person in charge of human resources?
• Is there a competent person in charge of occupational health and safety, including
risk assessment and remediation?
• Are there any possibilities to raise complaints?
More information can be found in Part II and Part III: Performance Area: Workers
Involvement and Protection.

Internal training: Management and workers need a minimum level of competence


to promote genuine involvement of workers. Internal trainings will help to close the
communication gaps and create the internal habit of involving workers.
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PART I – 3. HOW TO DEVELOP THE BSCI IMPLEMENTATION STRATEGY PAGE 41

3.7. INVOLVE THE PURCHASING DEPARTMENT


Buying departments have first-hand information on the different business partners.
Therefore, they are in the best position to support a robust BSCI implementation strategy.

From the BSCI Participant perspective, purchasing departments need to be involved in BSCI
implementation at several steps:
• Mapping the supply chain
• Developing the implementation strategy
• Implementing the strategy
• Reviewing the processes
Challenges and constraints: Involving the purchasing department is not always easy and
may include some challenges and constraints.

The chart below helps in understanding the possible constraints and solutions to develop a
solid BSCI strategy.

POSSIBLE CONSTRAINTS POSSIBLE SOLUTIONS

Buyers have information only about their Include the Code of Conduct and Terms of
immediate interlocutor (e.g. agent) but they Implementation as part of the contracts.
have little information about where the agent This provides the legal framework to request
sources from. more information on the supply chain from
intermediaries.

scoping and assessing


Buyers may have classified business Involve buyers in the mapping and
partners based on price, quality and delivery prioritisation of business partners so they
time. They may have no interest in revising better understand the link between social
this classification to include social risks. risks and quality risks.
Provide them with the BSCI Countries’ Risk
Classification.

Buyers receive incentives for selecting the Influence the decision maker to create
cheapest source. incentives for buyers to include social
performance as part of their selection
criteria.

Buyers may not have the time or the Set a clear procedure on how to understand
expertise to understand the information the information on business partner social
gathered on social performance (e.g. reading performance and/or CSR strategies.
an audit report). Develop a quick scan tool that translates
BSCI Audit results into guidelines for them.

Buyers visit factories but may not have Provide buyers with a checklist which serves
the time or expertise to ask producers key this purpose, e.g. Annex 7: BSCI Buyers
questions on social performance. Checklist available in the BSCI System
Manual Part V – Annexes.
In addition, conduct internal trainings on a
regular basis.

Figure 3: Involving the Purchasing Department: Potential Challenges and Solutions


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PART I – 3. HOW TO DEVELOP THE BSCI IMPLEMENTATION STRATEGY PAGE 42

To-do-list: If buyers are not yet involved in the BSCI implementation, define together the
immediate to-do list:
• Update purchasing contracts: Include the Code of Conduct and Terms of
Implementation in the purchasing contracts to cover at least the significant
business partners
• Supply chain overview: Classify the information on the supply chain by
distinguishing:

HOW SOURCING COUNTRIES


MANY (e.g.)
(e.g.)
Low level of (50) Thailand, Italy, Morocco
commercial relation
stability
Direct sourcing High level of (8) Bangladesh, China
from a producer commercial relation
stability
Any social certificate (35) Bangladesh, China,
or similar social claim Thailand, Italy, Morocco.

Low level of (50) Thailand, Italy, Morocco


commercial relation

scoping and assessing


Indirect stability
sourcing
High level of (8) Bangladesh, China
using agents,
commercial relation
importers or
stability
brokers
Any social certificate (35) Bangladesh, China,
or similar social claim Thailand, Italy, Morocco.

Figure 4: Distinguish Direct and Indirect Sourcing

• Social risk communication: Define together the communication procedure between


departments to identify any potential or actual risk associated with business
partners
• Business consequences: Define together what the business consequence
should be for business partners that do not show any interest in improving their
social performance (i.e. when is the right time to stop business with the business
partner?)
For more information, see BSCI System Manual Part I – Chapter 3, subchapter 3.10.: Stop
Business.
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PART I – 3. HOW TO DEVELOP THE BSCI IMPLEMENTATION STRATEGY PAGE 43

3.8. INVOLVE STAKEHOLDERS


Stakeholders are individuals, communities or organisations who are affected by and may
affect an organisation’s products, operations, markets, industries, and outcomes.

Mapping and engaging stakeholders are integral and indispensable parts of business
enterprises’ due diligence.
Benefits of engaging: There is a long list of benefits of why to engage with stakeholders
such as:
• They bring to attention specific issues, markets and actors in the supply chain
• They influence public perception of social performance in the supply chain
• They help to assess risks and set priorities
• They hold unique and specific knowledge about local actors, issues and
circumstances that otherwise may be difficult or impossible to obtain by a BSCI
Participant or its business partner
• They complement or challenge information gathered through social audits
• They collaborate to find root causes and build capacities to close existing gaps
For more information, see BSCI System Manual Part I - Chapter 5: How to Engage
Stakeholders.

3.9. SET UP A GRIEVANCE MECHANISM


A grievance mechanism represents the final step in acting as a diligent business

scoping and assessing


enterprise. Therefore, all companies, regardless if they are going to be monitored or not,
shall implement or participate in a grievance mechanism. If the company is going to be
monitored, the set up and effectiveness of the mechanism will be checked by the auditor.
Benefits: The benefits of setting up an operational grievance mechanism include:
• Communication: It represents an additional channel of communication with both
internal stakeholders (workers) and external stakeholders (e.g. community) to
anticipate any risk or harm before it escalates
• Relations: It strengthens company relations with workers. If workers realise that
they can not only share their concerns but also receive timely solutions, they
will feel more motivated and willing to work better. This can lead to better quality
products and services and improved productivity
• Confidence: It strengthens confidence about the way to manage the business
enterprise and relate to the workforce, which will be well-perceived during any audit
and/or visit from existing and potential clients
• Awareness: It serves as a great vehicle to raise workers’ awareness on their rights and
obligations. Workers can learn if certain claims are justified or not if the conclusions
are openly shared (respecting the necessary confidentiality of the worker)
For more information, see BSCI System Manual:
• Part IV - Template 8: Grievance Mechanism
• Part V - Annex 4: How to Set Up a Grievance Mechanism

IMPORTANT – Grievance mechanisms must be set up with genuine commitment to


hear workers’ voices and to carry out a fair follow-up. Otherwise, the effect would be
counterproductive.
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3.10. STOP BUSINESS


The BSCI Code of Conduct inspires all actors in the supply chain to use their leverage to
promote long-lasting responsible business behaviour. It does not aim to guarantee a
company’s social performance.

Reason to stop business: The fundamental reason to stop business is outright lack of
trust provoked by the business partner’s behaviour. Trust can be breached suddenly, but it
is often tested following several warnings.

For example, the business partner:


• Does not disclose information on its production sites or provide accurate
information
• Does not engage its own business partners to provide information on a regular basis
• Does not verify that its business partners implement their remediation plans
• Shows clear unwillingness or incapacity to align to the BSCI Code
• Compromises the integrity of the audit by means of bribery, falsification or
misrepresentation in the supply chain. For more information, see BSCI System
Manual Part V – Annex 5: BSCI Zero Tolerance Protocol
Before stopping business: These are some aspects to take into consideration before
stopping business or ending contracts with a business partner:
• Is stopping business the best alternative?
• What may be the adverse impacts on the business if the partnership ends?

scoping and assessing


• Can the issue be solved in another way?
• Is there a better business partner alternative?
Endemic problems: Some deficiencies on social performance relate to endemic problems
in the sector, region or country. This makes it more difficult to find other alternatives. It
also makes it crucial to engage with stakeholders so they understand the reasons to stop
business and support the necessary changes.

NOTES:
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PART I – 3. HOW TO DEVELOP THE BSCI IMPLEMENTATION STRATEGY PAGE 45

Procedure: Every business has to choose how and when to make the decision of stopping
business. However, the decision should always be based on agreed upon procedures that
include:
• Clear and communicated rationale: The rationale needs to be communicated and
made available to all business partners so they are aware of it even before entering
into commercial relations. The rationale should be translated into a cancellation
or rescission clause in the contract, which would be the most stringent manner to
enforce the BSCI Code of Conduct
• Stakeholder engagement: Business enterprises shall engage with consumers and
other stakeholders on a regular basis to be transparent about their business models
and the reasons why they would stop business with partners based on social
performance
• Warning procedure: Business enterprises shall set up a procedure to issue
warnings before stopping business. This will also help the company in the process
of seeking alternative business partners
• Communication procedure: Business enterprises shall have a communication
procedure to deal with cases where the related business partner has been targeted
by the media. In such a case, the decision of stopping business needs to be
analysed with extreme diligence as it might end up being totally counterproductive
and raise stakeholder concerns
• Stop business or contracts: Business contracts and/or business relations should
stop according to the agreed terms and after the agreed warnings. Stopping business
because of a business partner’s unwillingness to implement a necessary measure
to respect an obligation of the BSCI Code of Conduct does not alter contractual

scoping and assessing


agreements (e.g. financial obligations from existing contracts need to be honoured)

KEY MESSAGES
BSCI Implementation Strategy
• Policy: The BSCI Code can be used as policy for the company and it must be
incorporated into the business enterprise’s culture
• Mapping: Each company must do its own mapping and classification of business
partners
• Scoping: The scoping process requires: a) gathering and keeping information; b)
classifying significant business partners; c) setting priorities
• Production environment: Business enterprises with no production working
environment cannot be monitored within BSCI
• Engagement: Purchasing departments and stakeholders - in particular workers -
need to be engaged in the development of the BSCI implementation strategy
• Grievance: A grievance mechanism represents the final step in acting as a diligent
business enterprise
• Stop business: Business relations or contracts should never be stopped as a
direct consequence of an audit result but instead be based on a clear and open
procedure
• Follow up: The BSCI implementation strategy is not a static exercise but it needs to
be regularly revised
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PART I – 4. HOW TO BUILD CAPACITIES PAGE 46

4. HOW TO BUILD CAPACITIES

Chapter 4 describes the steps to identify the skills and capacities needed to
successfully implement the BSCI Code of Conduct. In addition, this chapter
provides recommendations on how to address any qualification or skill gaps. It also
overviews the capacity building activities provided to BSCI Participants and their
business partners and auditors.

These are the documents related to this chapter:


• BSCI training materials
• FTA Academy
• Annex 1: How to Start with the BSCI Platform
• Annex 4: How to Set Up a Grievance Mechanism
To react to dynamic market expectations, business enterprises need to “continuously”
build skills, capacities and expertise. This applies to:
• Business enterprises that have endorsed the BSCI Code of Conduct and want to
successfully integrate it into the business culture
• Auditing companies and other service providers that want to excel in the market
Gap analysis: The continuous learning process shall start by conducting a gap analysis to:
• Identify the type of abilities and knowledge missing in the company structure
• Define a plan to address the gap
• Define the best tools to transfer knowledge within the structure
• Prioritise the areas where the lack of abilities and knowledge may put business at risk
• Allocate a realistic budget to address the gap
Capacity building plan: Once the gap analysis has been conducted, business enterprises
shall initiate their own capacity building and follow up on the progress.
acting and integrating

A capacity building plan may be as simple as defining:


• The number of individuals and/or departments that need training
• The respective areas of knowledge to be addressed in a year
• The key indicators that will show that the knowledge has been effectively achieved
• The means for training and allocated time
Workshops for all audiences: BSCI offers capacity building workshops for all audiences
related to the system. BSCI workshops:
• Are posted in the FTA Academy
• Can be face-to-face
• Can be e-learning courses (E.g. webinars, webcast etc)
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PART I – 4. HOW TO BUILD CAPACITIES PAGE 47

The success of these workshops depends on a business enterprise’s ability to:


• Have previously identified the capacities needed
• Select the right course
• Invite the right audience to learn about the topic(s)
Besides building capacities at their own companies, BSCI Participants and their business
partners need to understand the missing capacities in their respective supply chains so
they can provide support towards filling those gaps.

BSCI Participants shall invite their business partners - particularly those that are going to
be monitored or those are already included in the monitoring process - to relevant BSCI
workshops.

4.1. BUILDING CAPACITY FOR BSCI PARTICIPANTS


Mandatory training: BSCI Participants shall attend a BSCI workshop on the BSCI system
within the first six months after having joined FTA and, in turn, the initiative.

Furthermore, BSCI Participants should use these BSCI workshops to update new personnel
(e.g. CSR staff, buyers).

After this training, BSCI Participants should have sufficient background information to
understand:
• BSCI values and principles
• The due diligence approach as part of their social responsibility
• How to map their supply chains and define significant business partners to be
monitored
• How to analyse the information provided in the BSCI Audit Report
• The best ways to follow up on business partners’ continuous improvement
(particularly remediation plans)
• The information available through BSCI to strengthen their strategic decisions
BSCI Platform: Learning how to best use the BSCI Platform is essential and enables the
acting and integrating

BSCI Participant to succeed in the implementation. The best way to learn about this tool is
by using it regularly. However, BSCI Participants need at least a basic understanding of this
tool. This information is available through webinars.

For more information, see BSCI System Manual Part V – Annex 1: How to Start with the BSCI
Platform.

Topics and audience: The BSCI Secretariat develops workshops on specific topics related
to the successful implementation of the BSCI Code. BSCI Participants can use the different
governance channels to suggest new topics and/or new audiences to be included in the
BSCI capacity building activities.

IMPORTANT – BSCI Participants should verify that their internal personnel in charge of
sourcing and contracting (e.g. buyers) are properly instructed about the meaning of
BSCI audit rating and that they act accordingly. For more information, see BSCI System
Manual Part I – Chapter 6, subchapter 6.2.: BSCI Audit Rating.
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PART I – 4. HOW TO BUILD CAPACITIES PAGE 48

4.2. BUILDING CAPACITY FOR BUSINESS PARTNERS


Regardless if they are going to be monitored or not, BSCI Participants’ business partners
play a critical role to:
• Cascade the BSCI values and principles through the supply chain
• Allow the BSCI Participant to detect early on any potential risks and impacts in the
supply chain
For these reasons, BSCI Participants shall verify that their business partners have
sufficient knowledge of the BSCI system so they can work with them in a cooperative
manner.

For business partners not to be monitored (e.g. importers), the BSCI Secretariat
may organise workshops upon the request of BSCI Participants.

For business partners to be monitored (producers)

Aim of the workshops: BSCI offers workshops for producers to build their
necessary capacities to:
• Understand the expectations of the market in terms of their social performance
• Integrate the long-lasting and continuous improvement defined by the
monitoring process
Face-to-face workshops are organised in the countries from which BSCI
Participants source the most.

If the producer is based in a country where BSCI does not organise face-to-face
workshops, the company will need to make additional efforts to understand BSCI
as its peers, in other countries, do. The company can use the BSCI System Manual
for self-learning and/or seek additional external support. acting and integrating

NOTES:
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PART I – 4. HOW TO BUILD CAPACITIES PAGE 49

TARGET AUDIENCE LEARNING OBJECTIVES

• Understanding the labour rights and obligations that apply to


the workforce, in the given sector and region
• Implementing a Social Management System
• Conducting risk assessments
• Analysing the root causes of non-observance
• Following-up on the progress of the Remediation Plan
Producer
• Handling grievance mechanisms
management
level • Organising internal auditing. Conducting internal audits is a
good practice for all producers to monitor their progress

IMPORTANT – Business partners that produce fresh fruits


and vegetables are asked to conduct internal audits on
the packing houses and the farms they use. Therefore,
an internal auditor must be appointed and trained for this
purpose.

• The social commitment assumed by their employer (e.g. by


explaining the BSCI Code)
• Their rights and duties at the workplace
• Grievance mechanism procedure and accessibility
Workers training • Regular health and safety risk assessments
• How to maintain a healthy work environment
• Specific health and safety requirements relevant for their
own tasks (e.g. a worker handling chemicals needs to be
specifically diligent in ways which do not apply to other
workers)

Figure 5: Target audience and learning objectives


acting and integrating
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PART I – 4. HOW TO BUILD CAPACITIES PAGE 50

4.3. BUILDING CAPACITY FOR THE AUDITING COMPANIES


Auditors are key actors in the BSCI system.

Their ability and their knowledge determine the quality of the information gathered through
the BSCI Audit.

Auditor competence: Minimum qualifications and specific training requirements are


stated in the Auditing Company Framework Contract with FTA as well as in the BSCI System
Manual.

Furthermore, there are two skills that auditors may identify as relevant, in their gap
analysis:

1. Systemic thinking

This technique allows auditors to gain deeper insights into challenging situations and
complex domains. Auditors may need this ability to evaluate business social performance
in relation to its larger context.

2. Interpretation of the norms

Although social auditors do not necessarily have a legal background, it is essential that
they understand the applicable laws in the right way.

When the literal reading of the norm may cause problems with interpretation, the auditor
shall:
• Seek to understand the purpose of the law and avoid absurd conclusions
• Be well-aware of the hierarchy of the different norms and authorities that issue
those norms to prevent any contradiction
• Use BSCI’s mission and values to frame the interpretation of the auditee’s social
performance

KEY MESSAGES
Building Capacity
acting and integrating

• Across the supply chain: Capacity building needs to be applied across the supply
chain, at all company levels with workers involved
• Gap analysis: It is necessary to evaluate the skills that are missing in order to
create a capacity building plan
• BSCI offer: BSCI provides a variety of opportunities to build capacities on different
topics, for different audiences
• Outside BSCI: Other capacity building avenues can be explored (E.g. internal
training, external consultants)
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PART I – 5. HOW TO ENGAGE STAKEHOLDERS PAGE 51

5. HOW TO ENGAGE STAKEHOLDERS

Chapter 5 describes practical issues to help understand the process for stakeholder
engagement. This includes mapping stakeholders and setting up alliances with
them on different fronts. According to the stakeholder type, different kinds of
cooperation can be achieved.

These are the documents related to this chapter:


• Template 6: Stakeholder Mapping
• Annex 4: How to Set Up a Grievance Mechanism

5.1. MEANINGFUL ENGAGEMENT


Challenges: When trying to transfer the BSCI Code of Conduct into business practice,
business enterprises confront internal and external challenges:
1. Reservations to support the changes needed
2. Lack of resources to make sustainable changes
3. Lack of influence to convince business partners to endorse the BSCI Code of
Conduct at the operational level
These are only a few examples of challenges. They remind companies that they cannot
successfully embed the BSCI Code of Conduct alone. They need to find allies.

Engagement can take place among:


• Internal stakeholders
• External stakeholders
Meaningful engagement relies on:
• Aptitude: None of the parties intend to convince the other of their views or
approaches, but instead they concentrate on shared goals
acting and integrating

• Interest: They seek long-lasting solutions rather than short-term demands


• Regularity: The agenda agreed upon is followed up on a continuous basis and not
just in case of immediate crisis
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PART I – 5. HOW TO ENGAGE STAKEHOLDERS PAGE 52

5.2. IDENTIFICATION OF THE RELEVANT STAKEHOLDER GROUPS,


ORGANISATIONS AND INDIVIDUALS
The table below shows potential stakeholder groups at different BSCI implementation
stages. The table is drawn from the perspective of the BSCI Participant. However, it gives
inspiration for any company to identify its specific stakeholders.

Relation Internal Stakeholders


External Stakeholders
BSCI stages (inside the company)

Policy, scoping - Top management - Business partners


and assessing - Sourcing/buying department - FTA Secretariat
(rules and - Compliance/legal - Trade union federations
strategy- department - Civil society organisations
oriented) - Local buying offices

Acting and - Sourcing/buying department - Business partners


integrating - Local buying office - FTA Secretariat
(task-oriented) - Workers - Other BSCI Participants
- FTA Country Representatives
- Specialised UN agencies
(The ILO, UNICEF)
- Government agencies
- Local trade unions

Knowing - CSR department - Advocacy groups


and showing - Compliance department - Consumers
(communication - Communication department - BSCI National Contact Groups
and - Business Partners
acting and integrating

accountability- - Trade unions


oriented) - Business partners’ workers
- Government agencies

Figure 6: Potential Stakeholder Groups to Support in BSCI Implementation

Business partners to be monitored (producers) can find additional information


in the BSCI System Manual Part III: Understanding the BSCI Audit from the auditee
perspective.
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PART I – 5. HOW TO ENGAGE STAKEHOLDERS PAGE 53

5.3. PRIORITISATION OF THE RELEVANT STAKEHOLDERS


The prioritisation of stakeholders depends on:
• Their level of influence on the community and other stakeholders
• Their level of interest in the company’s activity
The table below defines the ways to engage with the different stakeholders depending on
their level of influence and interest:

High

Keep Satisfied Manage Closely


Involve Collaborate
Influence

Inform Consult

Low Interest High

Figure 7: Ways to Engage with Stakeholders


IMPORTANT – Business partners that are not going to be monitored must ensure close
engagement and consultation with the related BSCI Participant(s).

5.4. COOPERATION WITH STAKEHOLDERS


Business enterprises should cooperate with stakeholders that have the highest level of
influence and interest in their business.
acting and integrating

From the BSCI Participant perspective, these are the three major groups of stakeholders to
cooperate with:

5.4.1. Business Partners


Engaging business partners already prioritised through due diligence is key.

These are examples of fruitful engagement with business partners:


• Follow up on challenges and improvements concerning their social performance in a
regular way
• Build common expertise on the effectiveness of their due diligence
• Exchange information on their respective stakeholder engagement strategies and
outcomes
• Support them to implement existing remediation plans
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5.4.2. Other BSCI Participants


BSCI Participants belong to a unique network of like-minded business enterprises that
have subscribed to the same Code of Conduct.

BSCI offers easy ways to identify fellow BSCI Participants that share business partners
(e.g. same producer) to discuss strategies and to coordinate activities.

As much as possible, BSCI Participants shall:


• Act in a coordinated fashion with their peers
• Send the same coherent messages to external stakeholders on the ways in which
they endorse the BSCI Code of Conduct
Acting in a coherent and collective manner increases BSCI’s leverage and the positive
impact. This is particularly relevant for small and medium size enterprises that may have
less bargaining power.

These are examples of fruitful engagement with other BSCI Participants:


• Join forces to send strong signals to governments that are failing to protect their
citizens
• Exchange information on their respective approaches to engage stakeholders
• Request a common business partner to sign the BSCI Code of Conduct and related
Terms of Implementation
• Support the implementation of a remediation plan
• Respect the monitoring strategy defined by the BSCI Participant that holds RSP

acting and integrating

NOTES:
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PART I – 5. HOW TO ENGAGE STAKEHOLDERS PAGE 55

5.4.3. Cooperation with Other External Stakeholders


The root causes of deficient social performance can lie outside the supply chain. Engaging
with the relevant external stakeholders can lead to a sustainable solution.

These are examples of fruitful engagement with external stakeholders:


• Governments and international organisations such as the ILO: Cooperation with
them may support the application of the labour law in the sourcing country
• Trade unions in the sourcing countries: Cooperation with them may help to raise
awareness of workers’ rights and obligations; it may be fruitful cooperation for when
handling grievances

IMPORTANT – Mapping and genuinely engaging with stakeholders is not an isolated


exercise as they relate to finding sustainable solutions. BSCI can be used as a strong
and reliable network to create leverage. This is particularly important to increase the
impact of a remediation plan.

• Use clusters: Engage with other BSCI Participants related to the same producer,
same sector or even same region (e.g. when the problem is endemic)
• Industry associations: Contact relevant industry associations to support the
creation of common solutions for the industry
• Specialised NGOs: Regularly consult and inform specialised NGOs that can help
regionally, nationally and/or internationally
• Trade unions: Consult local trade unions that have unique insight and information,
to take into consideration
• Local labour inspectors: Verify to which extent local labour inspectors can play a
role in strengthening the remediation process
• International Labour Organization (ILO) Local office: In many sourcing countries,
the ILO has a local office. The support and insight from these offices may be critical
• FTA Secretariat: The FTA Secretariat can play a key role in coordinating voices to
send strong messages to relevant stakeholders

BSCI Participants may not have the means through which to address these external
acting and integrating

stakeholders individually. However, the FTA Secretariat can support in the coordination.

KEY MESSAGES
Stakeholder Engagement
• Business enterprises cannot successfully embed the BSCI Code of Conduct alone.
They need to seek allies
• Business enterprises identify and prioritise their relevant stakeholders through a
mapping exercise
• Cooperation with key stakeholders is a powerful tool that greatly increases
leverage and impact in the field
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PART I – 6. HOW TO DO MONITORING PAGE 56

6. HOW TO DO MONITORING

Chapter 6 details the BSCI monitoring process for business partners.

This chapter explains how a BSCI Audit is arranged and performed. This includes the
entire process from requesting and scheduling an audit to performing and following
up on the audit results.

Different types of monitoring are described.

At this point the significant business partner that is going to be monitored:


• Has already been identified as a producer
• Becomes the auditee or main auditee
These are the documents related to this chapter:
• BSCI Audit Report
• Template 1: Business Partner Information
• Annex 1: How to Start with the BSCI Platform
• Annex 3: How to Set Up a Social Management System
• Annex 5: BSCI Zero Tolerance Protocol
• Annex 6: Most Relevant Documents for the BSCI Audit
• PART II: Understanding the BSCI Audit for Auditors
• PART III: Understanding the BSCI Audit from the auditee perspective

acting and integrating


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PART I – 6. HOW TO DO MONITORING PAGE 57

6.1. BSCI AUDITS


In the BSCI System, audits can be:

The auditee appoints an internal person to assess:


• Its own social performance
• The social performance of its business partners (e.g. farms)
Internal audits are:
• Conducted in a systematic manner
INTERNAL • By a qualified person
• Embedded in the Social Management System

IMPORTANT – Business partners producing fresh fruits and


vegetables are asked to conduct internal audits on the packing
houses and the farms they use.
For more information, see Part III of the BSCI System Manual.

A qualified assessor produces an independent verification of the


auditee’s social performance.

For BSCI implementation, these audits can only be conducted:


• For a producer that belongs to one or more BSCI Participants’
supply chains
• By BSCI approved auditing companies
• Using the BSCI Audit Report and audit scopes
EXTERNAL • If scheduled and reported via the BSCI Platform
Auditors:
• Validate the information provided by the auditee
• Gather satisfactory evidence by means of documentary checks,
interviews and site visits
acting and integrating

• Rate the outcome of each of the 13 Performance Areas


according to the BSCI rating system
• Issue a Findings Report and/or verify the auditee’s continuous
improvement disclosed in the Remediation Plan

Figure 8: Different Types of Acceptable Social Audits

IMPORTANT – BSCI Audits can only be organised with a BSCI Participant’s approval. If
a producer finds it necessary (based on a risk assessment) to conduct a BSCI Audit
of one of its business partners, it will need to organise this in coordination with its
linked BSCI Participant. The producer cannot take this approach unilaterally.
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Independent verification: BSCI Audits represent an independent verification of the


auditee’s social performance and auditors document the results in the Findings Report.
They support:
• The auditee to define its path towards continuous improvements
• The BSCI Participant to understand its social risks and impacts and to take the
necessary measures
Performance Areas: The auditee’s path towards continuous improvements is defined
through the 13 Performance Areas against which the auditee is evaluated.

The Performance Areas are the translation of the BSCI Code of Conduct principles into
measurable practices.

These are the 13 BSCI Performance Areas:


• Social Management System and Cascade Effect
• Workers Involvement and Protection
• The Rights of Freedom of Association and Collective Bargaining
• No Discrimination
• Fair Remuneration
• Decent Working Hours
• Occupational Health and Safety
• No Child Labour
• Special Protection for Young Workers
• No Precarious Employment
• No Bonded Labour
• Protection of the Environment
• Ethical Business Behaviour
BSCI Audits can be:

Fully Announced Semi-announced Fully Unannounced


acting and integrating

Full audits The auditee is The auditee is The auditee is not


informed of the informed of the informed of the
date of the audit “timeframe” when date of the audit.
the audit will be The audit can take
Follow-up conducted place at any time
audits without previous
communication

Figure 9: BSCI Audit Types


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Full audits:
• Cover all 13 Performance Areas
• Initiate a BSCI Audit cycle
• The auditor:
¡¡ Generates and validates the producer profile data

¡¡ Issues a full Findings Report

¡¡ Defines the sample of farms to be audited (if applicable), which will remain
defined until the next full audit is due
Follow-up audits:
• Do not cover all Performance Areas but only those where the auditor identified
findings
• Occur in between full audits to follow-up the continuous improvement
• Relate to the Remediation Plan drafted by the auditee, based on the findings
identified by the auditor
• Take place within a maximum of 12 months following the previous audit (either full
audit or follow-up audit)
• The auditor:
¡¡ Updates the producer profile with all the new data (if applicable)

¡¡ Verifies the progress of the producer using the Remediation Plan or the
previous Findings Report as a reference (whichever is more complete)
¡¡ Issues a new Findings Report with noted actions completed

¡¡ Identifies and reports new findings that were not identified in the previous
Findings Report (if relevant)

IMPORTANT: BSCI Participants may request a follow-up on only part of the findings. In
that case, the auditor must report under “General Information” in the Audit Report:
• Audit range: Follow-up
• Audit extent: Limited extent (follow-up of a few Performance Areas only)
acting and integrating

• Details to justify the choice: The Performance Areas which are evaluated during
the audit
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PART I – 6. HOW TO DO MONITORING PAGE 60

6.2. BSCI AUDIT RATING


The overall rating reflects to which extent the auditee has integrated the BSCI Code into
its daily business culture and operations. It is a result of the combination of ratings per
Performance Area.
Rating per question: In every Performance Area, each question can be answered by the auditor:
• YES: The auditor finds the amount of evidence satisfactory
• NO: The auditor finds the amount of evidence unsatisfactory
• PARTIALLY: The auditor finds some satisfactory evidence
The rating for each Performance Area relates to the answers given by the auditor. The table
below shows the values, which depend on the answer and the type of question:

ANSWER TYPE OF QUESTION NUMERICAL VALUE

All questions
YES

Non-crucial
Crucial
Crucial in
Performance Areas:
PARTIALLY
• Child Labour
• Bonded Labour
• OHS
Non-crucial
Crucial
Crucial in
Performance Areas:
NO
• Child Labour
• Bonded Labour
• OHS
acting and integrating

Figure 10: BSCI Audit Rating: Questions and Values

Rating per Performance Area: The values per question are added up and translated into
a fulfilment percentage per Performance Area. This fulfilment percentage determines the
rating for each Performance Area.

RATING PER PERFORMANCE AREA FULFILMENT PERCENTAGE


A 86% to 100%
B 71% to 85%
C 51% to 70%
D 30% to 50%
E 0% to 29%
Figure 11: BSCI Rating per Performance Area
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Overall rating: Depending on the different combinations of ratings per Performance Area,
the auditee will receive a final audit result.

A combination of ratings per


Rating Consequence
Performance Area where:

• Minimum 7 Performance Areas rated A The auditee has the


• No Performance Areas rated C, D or E level of maturity
These are three examples: to maintain its
A
improvement process
A A A A A A A A A A A A A
without the need for a
Very Good
A A A A A A A A A A B B B follow-up audit.
A A A A A A A B B B B B B

• Maximum 3 Performance Areas rated C The auditee has the


• No Performance Areas rated D or E level of maturity
to maintain its
B These are three examples:
improvement process
A A A A A A B B B B B B B without the need for a
Good follow-up audit.
A A A A A B B B B B B B C
B B B B B B B B B B C C C

• Maximum 2 Performance Areas rated D The auditee needs


• No Performance Areas rated E follow up to support its
progress. Following the
C These are three examples:
completion of the audit,
A A A A A A A A A C C C C the auditee develops
Acceptable a Remediation Plan
A A A A A B B B B C C C D
within 60 days.
C C C C C C C C C C C D D

• Maximum 6 Performance Areas rated E The auditee needs


These are three examples: follow up to support its
D A A A A A A A A A A D D D progress. Following the
completion of the audit,
acting and integrating

Insufficient A A A B B B C C C D D D E the auditee develops


D D D D D D D E E E E E E a Remediation Plan
within 60 days.

• Minimum 7 Performance Areas rated E BSCI Participants shall


These are three examples: closely oversee the
E A A A A A A E E E E E E E auditee’s progress
as the producer may
Unacceptable A A B B C D E E E E E E E represent a higher risk
E E E E E E E E E E E E E than other business
partners.

A Zero Tolerance issue was identified (see Immediate actions are


BSCI System Manual Part V – Annex 5: BSCI required. The BSCI Zero
Zero Tolerance
Zero Tolerance Protocol) Tolerance Protocol is
to be followed.

Figure 12: BSCI Audit Rating: Results and Consequences


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IMPORTANT – The auditor must trigger an alert in case of flagrant child labour, bonded
labour, imminent risk to workers’ health and/or lives and unethical behaviour. In these
cases, the auditee does not receive an overall rating but instead it receives a status
of Zero Tolerance.
For more information on the Zero Tolerance process, see BSCI System Manual Part V –
Annex 5: BSCI Zero Tolerance Protocol.

6.3. AUDIT VALIDITY


Rating A or B: BSCI full audits are valid for 2 years, unless follow-up audits are to be
conducted. This is the case for producers that receive an overall rating of A or B.

Producers rated A and B are eligible to receive a Random Unannounced Check in the period
between the two full audits.

Rating C, D or E: When an auditee receives an overall rating of C, D or E after a full audit,


this audit is valid until the follow-up audit is conducted.

The follow-up audit shall be conducted on the date defined in the Remediation Plan but it
can only take place up to a maximum of 12 months after the last audit:
• If the result of the follow-up audit shows improvements (A or B rating) then the audit
is valid until the full audit is due
• If the result of the follow-up audit is C, D or E, the audit is valid until the next
follow-up audit is due provided that the period between two full audits never
exceeds 2 years

1 year 2 years

Full audit
rated A or B
Full audit
Full audit
Follow-up audit
rated C, D or E
acting and integrating

No follow-up audit within one year


means a new full audit is needed.
Consecutive follow-up audits can occur provided that:
¡¡ The period between follow-up audits never exceeds 12 months
¡¡ The period between two full audits never exceeds 2 years
¡¡ If the result of the follow-up audit shows improvements
(A or B rating), the audit is valid until the full audit is due

Figure 13: BSCI Audit Validity


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6.4. AUDIT SCOPE AND AUDIT EXTENT


Main auditee: In general, the scope of a BSCI Audit is defined as the legal entity that has
signed the Code and Terms of Implementation for business partners to be monitored.

(Main auditee = One legal entity = One production facility).

The length of the audit is calculated based on the number of workers who work at that legal
entity. This number shall include the direct as well as the subcontracted workers.
• Subcontracted workers: Workers related to another company form part of the scope
of the audit. Therefore, information about their wages, working hours and contracts
must be available for auditors’ verification. These are the most common cases:
¡¡ Security services

¡¡ Cleaning services

¡¡ Catering on site

¡¡ Subcontracted production workers

Main auditee and sampled farms: When the main auditee sources fruits and vegetables
directly from farms (without any intermediary process), these are the particularities to be
taken into consideration:
• Audit scope: the scope of the audit shall include both the main auditee and a
sample of farms, provided that the main auditee:
¡¡ Has set up a Social Management System to internally monitor the social
performance of its farms (owned or independent)
¡¡ Has internally audited at least two farms before the first full audit is
conducted. The auditee has the obligation to continuously monitor the
social performance of 2/3 of the farms that are significant for its business.
However, this coverage is only expected after three years of having initiated
the BSCI monitoring process
¡¡ Farms owned by the main auditee which are included under the same
management shall always be included as part of the audit scope
The auditor seeks evidence of this information before the audit is scheduled.
acting and integrating

If these criteria are met, the auditing company will include a sample of farms as part of the
audit scope.

In a full audit, auditors will select a sample of 10% of the farms involved in the Social
Management System (minimum 2, maximum 10 farms).

In the follow-up audit, auditors will not increase the sample defined in the full audit.
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BSCI does not determine how the auditee or the auditors select the farms. It is, however,
recommended to take into consideration the risks and the significance of the farm with
regard to overall production.
• Audit Extent: If the auditee and or/related farms hold a valid GlobalGAP Certificate,
the auditor will not monitor:
¡¡ Performance Area 7: Occupational Health and Safety

¡¡ Performance Area 12: Protection of the Environment

The audit duration is reduced by 30% in this case.


The auditor will report this, in the Audit Report, under “General Information”,
“Audit extent”: “Combined with other system(s)”.
When to define the scope: The scope of the audit is defined in a timeframe that starts with
the audit request and ends with the audit scheduling. Through the BSCI Platform, the BSCI
Participant makes the audit request by selecting the auditee and work environment, as
shown in the table below. The auditing company receives this information and schedules
the audit accordingly.

Farms
Main Auditee (Only if internally audited
prior to the BSCI Audit)

Industrial work
X
environment

Agricultural work
X X
environment

Figure 14: Scope of the BSCI Audit

Lack of information: It may be that the BSCI Participant lacks sufficient information on
the structure of the auditee so it requests an audit with the wrong scope (e.g. the BSCI
Participant requests an audit that includes main auditee + farms, but the potential auditee
does not source directly from farms).
acting and integrating

The auditing company must seek clarification on the structure of the potential auditee
before scheduling the audit.

Hiding information: If the auditee hides information on its real structure, and if the
misrepresentation is uncovered at the time of the audit, the auditor shall report this in the
Executive Summary.

The misrepresentation must be rated under the Ethical Behaviour Performance Area and
can trigger a Zero Tolerance alert. For more information see Annex 5: BSCI Zero Tolerance
Protocol.
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Exceptional limitation of the scope: The scope of the BSCI Audit can be reduced on an
exceptional basis with specific approval from the FTA Secretariat.

Auditing companies can limit the scope in one case only:

The BSCI Participant wants to only monitor the production unit that relates to its business.

The auditing company collects clear evidence that:


• The unit to be audited is clearly and physically separated from the rest of the
organisation
• There is no workforce movement or exchange between the unit to be audited and
the rest of the units in the organisation
Consequences of limiting the scope: If the scope of the audit is limited to one production
facility or unit:
• The audit duration is calculated based on the number of workers in the audited
production facility or unit (instead of the total number of workers in the legal entity)
• In the BSCI Platform:
¡¡ The name of the auditee in the producer profile will not correspond to the
legal entity but to the production facility or unit
¡¡ The name of the auditee will clearly indicate that the scope of the audit does
not correspond to the entire legal entity(e.g. Producer Name (production
unit 1))
¡¡ The auditor reports the limited scope under “Audit extent” in the General
information section of the Audit Report
Applicable Audit Reports: The BSCI Audit Report is automatically generated by the BSCI
Platform, based on the information validated during the audit scheduling.

The Platform will generate:


• An Audit Report for the main auditee only
Or
• An Audit Report for the main auditee and the sampled farms
acting and integrating

IMPORTANT – Cases of Zero Tolerance will be investigated using a different report.


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6.5. SELECT THE AUDITING COMPANY


Only auditing companies that have signed the Framework Contract with FTA are entitled to
conduct BSCI Audits.

The list of auditing companies can be found at the following link:


www.bsci-directory.org/auditors/view/fa.php

BSCI does not define:


• Who selects the auditing company
• Who pays for the audit
• Whether or not the same auditing company needs to conduct both the full audit and
its follow-up audit
• How much BSCI Audits cost
BSCI Participants may decide to work with one specific auditing company for all the BSCI
Audits they organise.

BSCI Participants should select the auditing companies by taking the following aspects
into consideration:
• Capacity: Auditing companies should be approached early enough to plan the audit
and assign the auditor who has the right competencies. Requesting audits 3 or 4
months in advance is a good practice.
• Price: BSCI determines the minimum length of a BSCI Audit but every auditing
company defines its own service rate. A good audit requires good preparation,
expertise and professionalism (prior, during and after the audit). Low cost audits
may end up being expensive if they do not provide the information needed.
• Potential conflict of interest: Although auditing companies have mechanisms in
place to avoid entering into conflicts of interests, it is important to keep in mind this
issue when selecting the auditing company. These are cases where impartiality
becomes compromised:
¡¡ The auditor had previously provided training and/or technical advice to the
auditee
acting and integrating

¡¡ The audit is not paid for beforehand but the price depends on the results

¡¡ The same auditing company is used over time with the same individual
auditor. Long-lasting auditor-auditee relations can compromise the
objectivity of the auditor and the quality of the monitoring process
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6.6. SCHEDULE THE AUDIT


Audit Schedule: BSCI Audits can only be scheduled through the BSCI Platform. When a BSCI
Participant wants to schedule an audit, these are the steps to be followed:
• Verify that the potential auditee:
¡¡ is part of its producer list

¡¡ has at least 3 months of existence as a company

¡¡ has at least 2 months of new documentary evidence before the follow up


audit, particularly in cases, where new documentary evidence is crucial for
verifying improvements,
• Take the Responsibility (RSP) for the potential auditee
• Click the “Request Audit” button to schedule an audit and use that pop-up
window to:
¡¡ Select the audit time range

¡¡ Select an audit type (full or follow-up audit)

¡¡ Select the auditing company and branch if applicable

¡¡ Select the announcement of the audit:

-- Fully announced
-- Fully unannounced
-- Semi announced
¡¡ Select the scope of the audit:

-- Main auditee
-- Main auditee + farms
• The Audit company receives the request via the BSCI Platform and:
¡¡ Confirms the request

¡¡ Fixes a date for the audit

¡¡ Appoints an auditor

¡¡ Informs the main auditee of the date of the audit (in case of an announced
audit)
¡¡ Informs the BSCI Participant (RSP holder) in all cases
acting and integrating

IMPORTANT – Audit requests can also be initiated by BSCI Participants’ business


partners or auditors. For all possible scenarios and related process details, refer to
the BSCI Platform tutorials and capacity building workshops.
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6.7. PREPARE FOR THE AUDIT


6.7.1. For BSCI Participants

Provide information to the auditee: BSCI Participants shall ensure producers understand
how their social performance is going to be monitored. To that aim BSCI Participants shall
ensure their producers have access to up-to-date information:
• By referring them to the BSCI website and BSCI Platform (with log-ins)
• By keeping buying departments (or responsible personnel) updated on the audit
scheduling
Resources management:
• Pre-define who will pay the full audit and/or the follow-up audit
• Allocate budget for specific training activities
• Allocate budget in case a Zero Tolerance issue needs to be followed up
• Assess the kinds of competencies that company staff lack and determine how to
overcome the gap (e.g. How many people in the company know how to read and
understand a social audit report?). For more information on how to read the audit
report see BSCI System Manual Part II: Understanding the BSCI Audit For Auditors
Interaction with other BSCI Participants: BSCI Participants shall have a good overview
of how many other BSCI Participants are linked to the producer they intend to audit.
This overview shall help them anticipate the leverage they might have to promote
improvements in the auditee’s social performance.

6.7.2. For BSCI Auditors

Understand the context of the auditee: The auditor shall take the necessary measures to
understand the auditee’s reality. These are the most common practices:
acting and integrating

• Verify distance and geography, which are not only relevant to organise the logistics
but also to understand workers reality: the way they commute to work, the distance
to schools, to hospitals and or other regular administrative offices (e.g. banks)
• Verify particular contexts (gender, social hierarchy, migration, homeworkers, youth
situation)
• Pre-calculate a fair remuneration as accurate as possible to the region and sector
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Understand the sector of the auditee: The auditor shall take the necessary measures to
ensure he/she understands the auditee’s sector. These are the most common practices:
• Verify the existence of specific trade unions
• Verify the existence of specific collective bargaining agreements
• Verify if there are discrepancies in the remuneration
• Verify the legislation that is applicable (e.g. for industry or for agriculture)
• Take account of the production structure
• Pre-define the sample of farms (when applicable and possible). Very often the
sample is defined during the audit
Make sure to have all relevant documents upfront. This includes:
• The off-line Audit Report (Excel version, printed version)
• The Code of Conduct with the Terms of Implementation for Business Partners to be
involved in the BSCI monitoring process (signed by the auditee)
• Copy of the Remediation Plan template (to provide to the auditee when relevant)
6.7.3. For the Auditee (Producer)

Legal framework: Verify that the BSCI Code of Conduct with the related Terms of
Implementation have been signed and sent back to the BSCI Participant or related
business partner.

RSP Holder: Verify which BSCI Participant has the responsibility for the audit. This
information is available in the BSCI Platform.

Login for the BSCI Platform: Verify that all necessary resources and the progress page are
accessible via the producer profile in the BSCI Platform.

The login can be recovered by going to www.bsciplatform.org/home

Seek information: The BSCI System Manual is the best ally for developing a good
acting and integrating

understanding of the expectations towards being a responsible business enterprise.


Further information is also available via the:
• BSCI website: www.bsci-intl.org
¡¡ BSCI e-learning tools (accessed via http://bscievents.org/bsciacademy/)

¡¡ BSCI Workshops (accessed via http://bscievents.org/bsciacademy/)

• BSCI Platform: www.bsciplatform.org


• BSCI national websites:
¡¡ China: www.bsci-cn.org

¡¡ The Netherlands: www.bsci-nl.org

¡¡ Switzerland: www.bsci-ch.org
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Gather internal information: The auditee will collect as much information as possible
on the way it carries out its business. It shall identify the possible challenges or gaps, if
possible before the audit.

These are the requirements most commonly missing:


• Lack of Social Management Systems and written procedures.
For more information, see BSCI System Manual Part V – Annex 3: How to Set Up a
Social Management System
• Lack of regular training for management on social responsibility issues
• Lack of regular training for workers on their rights and obligations, occupational
health and safety issues and access to grievance mechanisms
• Lack of a grievance mechanism to deal with complaints
• Lack of financial resource allocation to improve working conditions
• Deficiencies in the infrastructure needed for production
Install effective record keeping: Effective record keeping is an integral part of a good
management system, and therefore helps to embed BSCI principles and values in the
business culture. Furthermore, reliable record keeping supports:
• Meeting legal and ethical obligations
• Transparency in the decision-making process

For more information, see BSCI System Manual Part V:


• Annex 3: How to Set Up a Social Management System
• Annex 6: Most Relevant Documents for the BSCI Audit

Verify business partners: The auditee shall verify if its commercial relations with other
companies present risks to harm workers’ rights or human rights. To do so, it shall assess
their management practices.

These are the most common examples to pay extra attention to:
• Security services
acting and integrating

• Recruitment agencies
• Cleaning services
• Catering onsite
• Subcontractors, particularly if they use homeworkers
Identify and execute improvement actions: The auditee should envision how to make
the necessary improvements even before the BSCI Audit. This proactive approach allows a
greater sense of ownership over the process, which shall become evident during the audit.

Provide the auditing company with preliminary data: The auditee can use the BSCI
templates related to inform the auditing company about its structure.

For more information, see BSCI System Manual Part III: Understanding the BSCI Audit from
the auditee perspective.
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6.8. AUDIT EXECUTION

Every BSCI Audit shall follow these steps:

Conduct the opening meeting: The auditor shall use this opportunity to explain the
dynamic and purpose of the BSCI Audit to the auditee.

Collect evidence: The auditor collects evidence on the auditee’s social performance by:
• Verifying documentation
• Visiting and analysing the production facilities and units
• Conducting interviews with management, workers representative and workers from
different areas

Evaluate the social performance: The auditor evaluates the different Performance Areas
from a holistic perspective to capture the auditee’s overall social performance in the best
way.

Elaborate on the Findings Report: The auditor consolidates both “Good practices” as well
as “Areas of improvement” for the auditee in the Findings Report. The findings are to be
drafted per Performance Area, as a combination of the several pieces of evidence gathered
per question.

Conduct a closing meeting: The auditor takes this opportunity to explain the findings.

All questions and concerns shall be addressed at this crucial meeting. In this open
dialogue, the auditor suggests deadlines to implement the necessary improvements.
However, the auditee will come up with the final Remediation Plan once the root cause
analysis has been conducted. The auditee can also ask the auditor to transcribe the
allegations or comments with regard to some conclusions.

Both the management as well as the workers representative shall sign the Findings Report
to acknowledge the conclusion of the audit, even if they do not agree with all the content.
acting and integrating

The auditor reminds the auditee that it has 60 working days to submit the Remediation
Plan into the BSCI Platform. The auditor may provide a copy of the Remediation Plan
template. The plan is based on the Findings Report.
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IMPORTANT – The execution of the audit can be compromised in several situations:


• A borted: The audit was scheduled and organised but it did not occur. In this
case, the audit report only includes general information but no evaluation of the
Performance Areas. The auditor submits the audit report and indicates that the
audit was “Aborted” (under “Audit interferences”) and he/she provides details to
justify that choice.
• Access denied: The auditee does not allow the auditor to access the site. In this
case, the auditor answers all questions in the Performance Areas NO, which
triggers an overall rating E. The auditor submits the audit report and indicates
indicating “Access Denied” (under “Audit interferences”) and he/she provides
details to justify that choice.
• Partially conducted: The audit is conducted but interrupted, which prevents
the auditor from finishing the evaluation. In this case, the auditor answers all
questions in the Performance Areas that were not evaluated NO. This triggers an
overall rating E. The auditor submits the audit report and indicates that the audit
was “Partially conducted” (under “Audit interferences”) and he/she provides
details to justify that choice.

NOTES:

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6.9. FOLLOW-UP AND CONTINUOUS IMPROVEMENT


Continuous improvement is a core value of the BSCI system. BSCI Participants expect their
business partners to continuously improve the working conditions within their companies
and supply chains.

6.9.1. For BSCI Participants

The positive impact of BSCI depends on the capacity of BSCI Participants to encourage their
business partners to:
• Remediate the short- and medium-term findings
• Make the necessary long-lasting changes
• Integrate the BSCI Code of Conduct into their business culture
Regular follow-up: The auditee that receives an overall audit rating which requires follow
up (C, D or E) has 60 working days to submit the Remediation Plan to the BSCI Platform.

A follow-up audit, to validate the effectiveness of the auditee’s Remediation Plan, is


conducted up to a maximum of 12 months after the previous BSCI Audit. In case the
auditee fails to deliver a Remediation Plan, the follow-up audit is conducted with the
auditor’s Findings Report as reference.

The organisation of a follow-up audit at an early stage may be beneficial for keeping the
auditee motivated while it is under supervision to make the necessary progress.

This is especially recommended if the auditee has an E rating.

Attentive follow-up: Experience shows that business partners, in particular those


that have been audited, require attentive follow-up and encouragement to understand
the short-, medium- and long-term changes needed to embed the BSCI Code into their
business practices.
acting and integrating

Attentive follow-up is relevant at least in the following scenarios:


• The auditee has Zero Tolerance issues: In these cases, the severity of the issues
identified during the BSCI Audit demand a specific follow-up, which starts with the
alert triggered by the auditor.
For more information, see BSCI System Manual Part V – Annex 5: Zero Tolerance
Protocol
• The auditee does not submit the Remediation Plan within 60 days: There may
be technical reasons as to why an auditee does not submit its Remediation Plan
into the BSCI Platform. Respect for the timeline is an indicator of the auditee’s
willingness and interest to improve. Failing to respect the 60 day limit shows
disregard, which needs to be addressed immediately.
• The auditee has engaged in specific capacity building activities: The BSCI
Participant shall verify that the auditee truly attended and engaged in the
workshops to which it had committed.
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6.9.2. For Business Partners to be Monitored (Auditee)

The Findings Report is the basis for the auditee to develop the related Remediation Plan.
The auditee will be proactive and innovative to make improvements in order to embed the
BSCI Code in its business culture.

When drafting the Remediation Plan, the auditee focuses on the following steps:
• Analysis: Read the Findings Report and if needed the entire Audit Report
• Root cause: Identify the origin of the problem(s) causing the breach
• Solutions: Identify feasible solutions (distinguish between short-term and long-
lasting solutions)
• Responsibility: Identify a person responsible for the implementation process
• Budget: Allocate a realistic budget
• Strategy: Define and respect the implementation steps
• Monitor: Establish a strategy to monitor improvements
To draft the Remediation Plan, the auditee can use:
• The BSCI System Manual
• The Remediation Plan available on the BSCI Platform under the producer profile
• The information from the Findings Report
• The Remediation Plan Template (see BSCI System Manual Part IV –Template 9:
Remediation Plan)
The auditee is granted 60 working days to draft and submit the final Remediation Plan in
the BSCI Platform. In case it fails to do so, the follow-up audit takes the auditor’s Findings
Report as reference.

6.10. BSCI AUDIT INTEGRITY PROGRAMME


The BSCI Audit Integrity Programme is set up to:
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• Promote BSCI values and principles are upheld during BSCI Audits
• Promote the independence and legitimacy of the audit process
• Promote integrity of the auditing process and associated activities
• Promote consistency of applying the audit process
• Provide an assessment of auditing company performance
• Maintain the credibility of the BSCI auditing process
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Presenting allegations: Internal and external stakeholders can present to the FTA
Secretariat via email or by phone allegations of presumed unethical practices involving
auditing companies, auditors and/or auditees. Allegations are reviewed with further
investigations in mind.

Final decision: Different governance bodies are involved in the different steps to reach fair
solutions. However, the BSCI Steering Committee is ultimately responsible to take any final
decision concerning the Integrity Programme.

Audit Quality: The FTA Secretariat oversees the services provided by the auditing
companies to safeguard audit quality and integrity of the BSCI system. This oversight,
which consists of internal and external monitoring, is undertaken by the FTA Secretariat
and external service providers.

Examples of external monitoring include:


• Duplicate audits: A BSCI Audit recently conducted is reproduced by a service
provider selected for that purpose. The results of the duplicate audit are compared
to identify possible deviations or mismatches in the assessment process. An
assessment report is issued with conclusions identified
• Field surveillance audits: A service provider witnesses an auditing company’s team
perform a BSCI Audit. An assessment report is issued with conclusions identified
BSCI Platform maintenance: The FTA Secretariat is responsible for the maintenance of
the BSCI Platform and for reviewing any data submitted by an auditing company. The FTA
Secretariat verifies that auditing companies submit data in accordance with BSCI auditing
requirements as specified by the FTA/BSCI Framework Contract and as stipulated by all the
guidelines contained in the BSCI System Manual. Any non-conformity is documented and
reported as part of the Integrity Programme.

Random Unannounced Check (RUC): RUCs aim at consolidating sustainable


improvements of auditees that have reached a satisfactory degree of maturity in their
social performance. Indirectly, RUCs can also serve to identify potential integrity issues
related to auditing practices.

The RUC takes the last BSCI Audit received by the auditee as reference. These are the
acting and integrating

characteristics of a RUC:
• Full audit: It covers all Performance Areas
• Methodology: It is conducted using the same approach than previous audit
• Rating: It follows the same rating system, which triggers three possible scenarios:
¡¡ Equal rating.

¡¡ Lower rating. If the RUC rating is below B a follow up audit will take place no
later than 12 months after the completion of the RUC.
¡¡ Higher rating.

• Validity: It follows the same validity system, starting from the date of the RUC
(see 6.3)
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6.11. AUDITOR COMPETENCY


6.11.1. Requirements for Auditing Companies
Auditing company approval: Auditing companies are accepted into the BSCI system based
on competence and professionalism. The BSCI Steering Committee approves auditing
companies based on a BSCI Auditing Working Group recommendation.

Once they have been approved, they must sign the FTA Framework Contract, which
includes auditing companies’ rights and obligations.

Auditing companies must ensure:


• Qualification: The FTA Secretariat requests that auditing companies work in line with
ISO/IEC 17021:– Conformity assessment: Requirements for bodies providing audit
and certification of management systems (latest version)
• Contact person: The FTA Secretariat requests that auditing companies have a main
contact person for the FTA Secretariat, who attends the BSCI calibration meetings:
¡¡ Senior manager

¡¡ Qualified to conduct BSCI Audits

¡¡ Proficient in English

¡¡ Present at the BSCI calibration meetings

The BSCI calibration meetings aim at keeping auditing companies up-to-date on BSCI
developments.
• Regular trainings: The FTA Secretariat requests that relevant staff of the auditing
companies attend additional training and education programmes organised or
recommended by the FTA Secretariat
• BSCI Lead Auditor: The FTA Secretariat requests that BSCI Audits are conducted by
one BSCI Lead Auditor or a team of auditors (one member of the team being a Lead
Auditor)
• Auditors’ update: The FTA Secretariat requests that auditors keep up-to-date outside
of the calibration meetings on the latest BSCI system developments. Active auditors
should receive training at least every 18 months. Furthermore, auditing companies
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shall have mechanisms in place to regularly inform auditors about:


¡¡ BSCI official decisions

¡¡ BSCI System Manual updates

¡¡ BSCI Memoranda of Understanding

¡¡ Agreements for Cooperation

¡¡ Training material updates


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6.11.2. Auditor Requirements


BSCI Lead Auditor: Is the ultimate person responsible for the proper execution of the audit.
He/she is in charge of:
• Communicating with the auditee to collect relevant information to plan the audit
• Assigning responsibilities for each audit team member
• Conducting the opening meeting
• Coordinating the audit team, adjusting the scheduling if necessary depending on
the situation encountered onsite
• Consolidating the information gathered by the audit team members during the audit
with the objective of completing the Findings Report
• Conducting the closing meeting
• Explaining to the auditee the outcome, findings and good practices observed, if
applicable
• Submiting the BSCI Audit Report into the BSCI Platform
BSCI Auditor: This role corresponds to those who:
• Contribute to the execution of the audit
• Evaluate the performance of the auditee in the respective areas
• Follow the guidance of the lead auditor
Training: A BSCI Lead Auditor and a BSCI auditor have successfully passed the required
BSCI training.

They both demonstrate:


• Proficiency in carrying out auditing practices:
¡¡ ISO 19011: 2011 - Guidelines for Auditing Management Systems

¡¡ Social Accountability Accreditation Services Procedures 200, 201 and


related advisories
¡¡ Procedure 225, BSCI Assessment Requirements

• Professional experience in:


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¡¡ Social auditing and worker interview techniques

¡¡ Occupational health and safety protection

¡¡ Evaluating the auditee’s industry type and business model

• In-depth knowledge of:


¡¡ ILO Conventions and recommendations (see BSCI Reference, which is part
of the BSCI Code of Conduct version 1/2014)
¡¡ Related labour law and cooperative law

¡¡ Management systems, particularly Social Management Systems

¡¡ Due diligence for companies and for auditors

¡¡ The auditee’s working language(s) (e.g. languages used for official


documents as well as languages used by the workforce)
¡¡ Local, regional and international contexts specific to the auditee
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Behaviour: While appropriate qualifications are critical to perform BSCI Audits, there are
additional qualities expected from BSCI auditors:
• Impartiality: Auditors shall not conduct an audit if a conflict of interest compromises
their impartiality. Independence and impartiality provide credibility to the auditor’s
work
• Integrity: Auditors must be honest and professional. As they represent the BSCI
system in the field, they must honour the BSCI values, principles and mission
Qualified judgement: Auditors base their professional judgement on solid evidence. They
avoid bias or personal opinions. An auditor’s professional judgement is based on the
following principles:
• Consistency: Auditors shall follow BSCI Audit requirements, related rules, guidelines
and associated laws, relevant to the work environment. They only use the BSCI Audit
Report available from the BSCI Platform
• Reality: Auditors shall portray the auditee in the most accurate way possible. Information
and findings shall allow the reader to understand the auditee’s social performance.
Auditors shall report on the overall atmosphere in which the audit is conducted
• Respect: Auditors shall be aware that audits are not the core business of the auditee.
They take place within a cycle, which differs from the business cycle. Respect for the
auditee’s time and resources is paramount
• Continuity: Auditors shall be aware that their work is part of a long-term improvement
process where other actors play a role. Auditors shall make sure their reporting is
clear, understandable and related to the progress of the auditee (e.g. if previous BSCI
Audits have been conducted, the auditor is obliged to consult previous audit reports
and use those as a foundation)
• Full disclosure and retention of records: Auditors shall include in attachment all
information that the FTA Secretariat qualifies as mandatory. The information disclosed
aims at providing a comprehensive understanding of the auditee. Documents
collected or produced during the audit process shall be filed and made available upon
the request of the FTA Secretariat for a minimum period of six years
• Prudence: Auditors may be confronted with situations where reporting certain
findings may put individuals at risk (e.g. interviewed workers should be kept
anonymous). Protection of individuals and their dignity overrules the principle of full
disclosure. Auditors report such issues under “Executive summary of confidential
comments” or to their supervisors, who, in turn, would report the undisclosed
acting and integrating

findings to the BSCI Secretariat

KEY MESSAGES
How to do monitoring
• Audit ratings and all the findings define the path that the auditee needs to follow
towards continuous improvement
• Preparation for the audit is essential for all parties involved: BSCI Participant,
auditor and auditee
• BSCI Audits can cover all Performance Areas or follow up on the findings from
previous audits
• The FTA Secretariat takes all necessary measures to promote the integrity of BSCI
Audits. This includes close verification of auditors’ competencies
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PART I – 7. HOW TO DO REMEDIATION PAGE 79

7. HOW TO DO REMEDIATION

Chapter 7 details the process involved in cases where the BSCI Participant or a
business partner may cause or may have contributed to negative impacts through
business activity. Examples of ways to remediate such (potentially) harmful
situations are provided.

These are the documents/tools related to this chapter:


• Template 8: Grievance Mechanism
• Template 9: Remediation Plan
• Annex 4: How to Set Up a Grievance Mechanism
• Annex 5: BSCI Zero Tolerance Protocol
Cause or contribution to harm: Business enterprises that have caused or contributed to
harm individuals or communities have the responsibility to:
• Change their behaviour
• Provide or contribute to remedies
Operational grievance mechanisms and the genuine involvement of workers represent
the most valuable means for changing the behaviour of people who were causing or
contributing to harm.

Business enterprises shall map and keep up-to-date the information concerning the
grievance mechanisms relevant to their work.

Mitigate impacts: Business enterprises do not have to remediate impacts which they have
neither caused nor contributed to. However, if the impacts are linked to their operations,
companies shall use their leverage to prevent or mitigate the impacts.

In the prevention and mitigation process, companies shall prioritise the following aspects:
• Severity: Fundamental rights, which usually refers to bodily harm to an individual,
acting and integrating

shall be prioritised. For example:


¡¡ Right to Life, Liberty and Security of Person

¡¡ Freedom from Slavery and Servitude

¡¡ Freedom from Torture

• Number of affected people: Impacting large numbers of people shall be prioritised


• Direct connection: Companies shall prioritise the cases where their own impacts
are directly related to the abuse. This does not exclude the responsibility to take
actions when the harm is done indirectly by another actor in the supply chain
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Clear processes: Business enterprises need to have clear processes in place to respond to
allegations and provide remedies. For example:

Informal Formal
mechanism mechanism

Apologies, restitution, rehabilitation x x

Financial and non-financial compensation x x

Prevention of harm such as guarantees of


x x
non-repetition

Punitive sanctions: administrative and/or penal x

Figure 15: Informal versus Formal Remedy Mechanisms

Formal remediation processes (provided by the state or third-party institutions) offer


alternatives when it is not possible to reach an agreement. Examples of institutions that
offer these formal mechanisms are:
• National Contact Points (in OECD countries)
• Legitimate trade unions
• Labour offices
• Labour dispute resolution organisations
• Local community leaders

IMPORTANT – With regard to the risk of causing or contributing to gross human rights
abuses (e.g. death, slavery and the worst forms of child labour), companies should
act on the prudent assumption that they may be legally liable for such abuses.
For more information, see BSCI System Manual Part V – Annex 5: BSCI Zero Tolerance
Protocol.

KEY MESSAGES
acting and integrating

How to do Remediation
• Business enterprises have the responsibility to cease causing or contributing to
harm and they have the responsibility to provide or contribute to remedies
• Business enterprises shall use all possible channels to understand the extent of
potential contributions and allegations
• Operational grievance mechanisms as well as workers involvement represent
valuable means for companies to anticipate and address adverse impacts
• Business enterprises will map and understand the landscape of grievance
mechanisms in the region(s) were they work
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PART I – 8. HOW TO DO COMMUNICATION PAGE 81

8. HOW TO DO COMMUNICATION

Chapter 8 details the process for adequate corporate communication, meaning


communicating and valuing company efforts towards stakeholders. Business
enterprises are expected to demonstrate their engagement, challenges and
progress as an integral part of the BSCI implementation plan.

This is the document related to this chapter:


• BSCI Practical Communication Manual: “How to communicate on corporate
responsibility in the supply chain: a step by step approach”

8.1. THE RESPONSIBILITY TO COMMUNICATE


The communication about BSCI engagement can be sensitive and challenging for many
business enterprises involved in the BSCI process:
• They do not see improvement of working conditions in the international supply chain
as part of the core business
• They are not familiar with the concerns and expectations from stakeholders and fear
communication could increase exposure and reputational risks
Increasingly, stakeholders expect companies to communicate about their commitment,
efforts and impact to improve working conditions whatever role they have in the supply
chain. In fact, companies which do not communicate about their social responsibility
efforts are becoming the exception. This refers to the “know and show” expectation for
responsible enterprises.

To overcome the challenges, companies will set a procedure to manage societal


expectations in the most effective way.

Good communication procedure: These are the characteristics of a good communication


procedure:
• Objective: The communication will target external or internal audiences with
the objective of showing efforts towards improving working conditions in the
international supply chain.
• Factual: The communication will refer to:
¡¡ BSCI implementation strategy and targets

¡¡ The involvement of business partners in a continuous improvement process

¡¡ The awareness and management of improvements as well as negative


impact
• Reliable: The communication shall be consistent and based as much as possible on
objective evidence
knowing and showing

• Timely: The communication needs to be shared with stakeholders in a timely


manner so the company´s credibility is not jeopardised
• Coherent with corporate identity: The communication shall be aligned with the
other aspects of the brand image or corporate identity. Stakeholders should be able
to associate the BSCI endorsement with other aspects of the business behaviour
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8.2. BUILDING A PROGRESSIVE APPROACH FOR COMMUNICATION


Business enterprises should aim to develop a progressive approach for communication
depending on their:
• Size, industry and role in the supply chain
• Visibility in the market
• Maturity level in the BSCI implementation
• Reasons to communicate
Furthermore, corporate communication must be progressive when defining priorities on
the different sorts of communication.

Companies shall conduct a gap assessment to identify areas of communication where


they need to strengthen their messages or build capacities.

Internal communication: Companies shall show their responsible approach in the supply
chain on corporate websites, corporate brochures and in relations with stakeholders.

CSR reporting: Companies may choose the best way to report on their corporate social
responsibility depending on their level of maturity:
• Basic: They report on the social performance in their supply chain (e.g. by using the
BSCI Platform to gather and analyse their BSCI key performance indicators)
• Advanced: They report results against normalised key performance indicators such
as those from Global Reporting Initiative (GRI)

KEY MESSAGES
How to do Communication
• Business enterprises shall include information management as part of their BSCI
implementation strategy
• Knowing and showing goes beyond unilateral reporting of achievements. It
includes stakeholder engagement and information from grievance mechanisms
• Business enterprises define their communication approaches depending on their
maturity
knowing and showing
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PAGE 83

PART II

Understanding
the BSCI Audit
for Auditors

PART II: Understanding the BSCI Audit for Auditors


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BSCI System Manual Part II details information that allows for a better
understanding of the BSCI Audit. It shall be read by BSCI Auditors and service
providers who aim at deeply understanding the BSCI Performance Areas.

It provides the auditors with in-depth information on:


• How to fill out the BSCI Audit Report
• How to interpret the different questions in each Performance Area
• How to approach the monitoring process
BSCI Participants find relevant information in this part of the manual to understand
the BSCI Audit.

Business partners to be monitored (auditee) shall read System Manual Part III:
Understanding the BSCI Audit from the auditee perspective.

Related documents or tools:


• Audit Report.
• System Manual Part I, Chapter 6: How to do Monitoring
• System Manual Part III: Understanding the BSCI Audit from the auditee
perspective

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1. HOW TO FILL OUT THE BSCI AUDIT REPORT

The Audit Report Structure: All information gathered in the BSCI Audit is reported in the
BSCI Audit Report. This includes:
• Data Evidence
• Interview Evidence
• Documentary Evidence
• Performance Evaluation of the main auditee
• Performance Evaluation of the sampled farms (if relevant)
• Findings Report
The chapters in System Manual Part II follow the structure of the BSCI Audit Report and give
further explanations and instructions to the auditors on what is expected from them in
each part of the Audit Report.

1.1. AUDIT DURATION


BSCI stipulates the minimum audit duration according to the auditee’s number of workers.

Full audit duration: The table below shows the minimum duration for full audits as well as
the minimum number of worker interviews. Audit duration includes 0, 5 day for reporting.

Facility size Full audit duration Number of workers


in number of workers in man-days to be interviewed
1-50 1.5 5-10
51-100 2 10-15
101-250 3 15-20
251-550 3.5 20-25
551-800 4 25-30
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801-1200 4.5 30-35


1201 + 5 > 35
Figure 16: Minimum Duration of a Full Audit and Minimum Number of Worker Interviews
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Follow-up audit duration: The table below shows the minimum duration for a follow-up
audit. In this case, the duration does not only relate to the number of workers but also to
the number of Performance Areas with findings in the previous audit. The duration includes
0, 5 day for reporting. The auditor will define the number of interviews in correlation with
the number of man-days for the Follow up Audit. E.g. a Follow up audit in a 251 workers
factory with findings in less than 4 performance area will correlate to 5-10 workers
interview.

Findings in 12
Facility
Findings in 1 to or more
size in
4 Performance 5PA 6PA 7PA 8PA 9PA 10PA 11PA Performance
number of
Area(s) Areas equals full
workers
audit duration
1-50 1 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5
51-100 1.5 1.5 1.5 1.5 1.5 1.5 2 2 2
101-250 1.5 1.5 1.5 2 2 2.5 2.5 2.5 3
251-550 1.5 1.5 2 2 2.5 2.5 3 3 3.5
551-800 1.5 1.5 2 2.5 2.5 3 3.5 3.5 4
801-1200 1.5 2 2.5 2.5 3 3.5 3.5 4 4.5
1201 + 1.5 2 2.5 3 3.5 3.5 4 4.5 5

Figure 17: Minimum Duration of a Follow-up Audit

1.2. RATING DEFINITIONS


For more information, see BSCI System Manual Part I – Chapter 6, subchapter 6.2.: BSCI
Audit Rating.

Rating definitions are also available for auditors in the off-line Audit Report.

1.3. COVER PAGE


The auditor uses this tab to provide basic information on the auditee and auditing
acting and integrating

company, as well as on the conditions under which the audit has been conducted.

Audit details, audit results and auditing company details are part of the cover page.
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1.4. GENERAL INFORMATION


The auditor uses this tab to provide general information on the conditions under which the
audit has been conducted.

Audit scope and methodology: Information in this module is automatically generated from
the BSCI Platform. The auditor cannot modify that information, but he/she can provide
justification for some of the choices (e.g. Zero Tolerance issues or audit interference).

Audit duration: The auditor reports the number of workers provided by the auditee, which
is taken as the reference to define the duration of the audit.

This figure may not correspond to the number of workers at the time of the audit. The
auditor is not expected to adjust the audit duration to the new situation. However, the
discrepancy must be reported under “Executive Summary”, as it may be a symptom of
auditee misrepresentation.

Executive summary of the audit report: The auditor uses this field to give an overall
description of the auditee and the different circumstances he/she faces during the audit.

The auditor shall start the executive summary with a description of the location and
facilities (e.g. the auditee is composed of 2 production sites located on the 2nd floor of a 5
floor building, or the auditee is composed of a packing house and a plantation).

This tab includes information on the sampled farms, when applicable. The auditor must
not describe Zero Tolerance Issues under the executive summary but under the executive
summary of confidential comments.

Executive summary of confidential comments: The auditor uses this field to report any
additional comment, which, due to its nature, needs to be kept confidential. Auditors
must be aware that, should they use Executive summary of confidential comments as
a way to report any suspicion not proven through the audit, they are requested to add
recommendations on the next steps the BSCI Participant should take in order to follow up
on such a suspicion.
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NOTES:
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1.5. AUDIT DATA EVIDENCE


The auditor uses this tab to gather data evidence from the auditee.

Auditee’s background information: The auditor shall validate the information provided by
the auditee in the preparatory steps.
• Valid certificates: Special attention shall be given to the validity of social
certificates.
E.g. a valid GlogalGAP certificate reduces the audit duration by 30% as Performance
Areas related to health and safety and the environment are not verified. Therefore, it
is paramount to validate this information.
Auditee’s business activities: The auditor shall fill in general external information that
concerns the auditee (e.g. legal minimum wage) and compare it with the specific practices
of the auditee.
The auditor uses the appropriate fields to describe:
• Samples of workers whose working time is verified at the time of the audit
• Specific situations that led to overtime in the six months prior to the audit
• Any accident that occurred in the six months prior to the audit
• Specific information on the workers representative
Auditee’s production structure: The auditor shall validate the information concerning
working hours, work at night and shifts, when applicable.

Auditee’s production calendar: The auditor shall validate the information provided by the
auditee concerning the level of production.

Auditee’s social performance management: The auditor shall validate and gather
information on the names of the staff in charge of different areas related to social
compliance performance. Information on other relevant issues (e.g. high risk production
techniques) is also reported here.

Auditee’s employment structure: The auditor shall provide the most accurate information
on the workforce at the time of the audit, to the best of his/her knowledge. This figure
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may not correspond to the number of workers reported by the auditee when the audit was
originally scheduled.
Report discrepancies: The auditor is not expected to adjust the audit duration to the new
situation. However, the discrepancy must be reported under “Executive Summary”, as it
may be a symptom of auditee misrepresentation.

Housing (if applicable): The auditor shall describe the housing facilities provided directly
or indirectly by the auditee.
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1.6. FAIR REMUNERATION QUICK SCAN


Prior to the audit, the auditor estimates and calculates living wages in the region. He/
she uses this tab to assess the auditee’s ability to provide coherent information on
these topics. The auditor shall not aim at comparing his/her own calculation result to the
one provided by the auditee. At this point, the auditor is asked to evaluate the level of
understanding that management and workers have about:
• Living costs of the workforce in the region
• Possible gaps existing between the actual remuneration and the fair remuneration
figure
• Identifying potential actions to fill the gap
The auditor may need to consult additional sources to find out more about regional
contexts:
• Government data (statistics, community development departments)
• Local or international NGOs working in the area and addressing the sector
• Community groups who may have answers to some of these questions
Good practices:The auditee has access to the Fair Remuneration Quick Scan template prior
to the audit. The auditor shall acknowledge, under “Good practices” in the Findings Report,
if the auditee provides this information including the calculation of fair remuneration.

1.7. YOUNG WORKERS DATA


The auditor uses this tab to collect information on the young workers engaged by the
auditee either directly or indirectly.

The auditor reports the number of young workers found in the records on workers.
Furthermore, the auditor shall interview 10% of identified young workers (minimum 2,
maximum 10) with particular attention given to:
• Their access to vocational training
• Their access to the grievance mechanism
• Their special training on occupational health and safety
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1.8. GRIEVANCE MECHANISM


The auditor uses this tab to collect information on the grievances lodged either at the
auditee or externally. Furthermore, the auditor describes the different steps that the
auditee follows to investigate and remediate the grievances.
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1.9. SUPPLY CHAIN MAPPING


The auditor uses this tab to collect information on the different business partners of the
auditee. Business partners do not need to be named but they need to be acknowledged at
least with an identification number. The number can be provided by either the auditee or
the auditor to preserve business confidentiality.

Different types of business partners can be selected under the column title: “Type of
business partners”. If a type of business partner is not included in the list, the auditor
shall select “others (please specify)” and specify the type of business partner in the next
column.

Significance for the auditee: The auditor shall select “high, medium or low” significance for
the auditee, based on auditee overviews of business relations, volume, dependency and/
or risks. Recruitment agencies and homeworkers are always considered highly significant
because they represent an additional social risk for the auditee.

Signed BSCI Code of Conduct: The auditor shall report if the business partner has signed
the BSCI Code with related Terms of Implementation or not. This evidence shall be collected
from auditee records and, if possible, verified with the related business partner.

Included in the sampled business partners: The auditor shall note in this column the
farms that he/she has selected to be audited. The auditor shall select farms only from
those previously integrated in the Social Management System, which have been internally
audited by the auditee.

This column is not to be used if the scope of the audit does not include sampled farms.

1.10. STAKEHOLDERS MAPPING


The auditor uses this tab to collect information on the stakeholders that the auditee has
identified as relevant to its business.

Stakeholders can be internal (e.g. workers and trade unions) or external (e.g. investors,
governments and NGOs). Particular attention shall be paid to verify if the auditee has
identified stakeholders for relevant topics. These are the most common topics for which
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the auditee may engage with stakeholders:


• Training
• Freedom of association
• Special protection given to vulnerable workers
• Fight against child labour
• Grievance mechanism
• Anti-corruption
These topics apply for both internal and external stakeholders.

Good practices: The auditee has access to the BSCI Template Stakeholders Mapping prior
to the audit. The auditor must acknowledge, under “Good practices” in the Findings Report,
that the auditee has provided this information and has mapped its relevant stakeholders.
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1.11. INTERVIEW EVIDENCE


The auditor uses this tab to report:
• The interview sample
• The interview methods
• The findings gathered through interviews
Interviews serve as individual sources or to validate or back up other sources of
information (e.g. auditee documents).

The auditor shall use this tab to enter the interview evidence for both the main auditee as
well as interviews at the sampled farms, when applicable.

Auditors must interview:


• Management: Particularly managers in charge of Human Resources and
Occupational Health and Safety (OHS)
• Workers’ representative
• Internal auditors: If the audit includes sampled farms
• Workers, particularly:
¡¡ Young workers or apprentices

¡¡ Workers’ committee spokesperson

¡¡ Seasonal and/or subcontracted workers

¡¡ Women

¡¡ Night shift workers

They may also include:


• Trade union representatives
• Relevant external stakeholders
Interviewing management: Auditors may have the first contact with management either
during the preparation of the audit or during the opening meeting, the day of the audit.

Interviews with different managers should be conducted in open and constructive


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dialogue. The auditor shall use these interviews to gather substantial information on the
auditee´s social performance:
• Explanations on the organisational chart and division of responsibilities
• Explanations with regard to drafting and implementing policies and procedures
• Explanations with regard to hiring practices, grievance management and workers’
trainings
• Overview on the latest investments to improve OHS and productivity
• Overview on the different business partners and how the company selects them
and monitors their social performance
• Explanations with regard to the accident protocol
• Explanations with regard to the grievance mechanism
• Explanations with regard to workers and management trainings
• Explanations on its understanding of the BSCI Code of Conduct values and principles
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Interviewing workers and workers representatives: These interviews are a critical source
of information to cross-verify:
• The information gathered through documents or interviews with management
• The effectiveness and safety of the procedures developed by the auditee
Interviews may be the only source of information in case of discrimination, incidents of
violence, sexual harassment or illegal disciplinary measures. If this is the case, the auditor
shall be extremely vigilant in how to report the findings to avoid adding any risk or problem
to the detriment of the interviewee(s).

IMPORTANT – Auditors must be aware of the possibility that workers are being
coached so their own answers match other evidence presented by management.
Auditors may use different interview techniques to go beyond the surface.

Auditing companies shall direct their auditors to follow these guidelines to interview
workers, to ensure they:
• Conduct interviews in a respectful way
• Build trust with different types of workers
• Are sensitive with gender issues or any disadvantaged individuals
• Select the place for the interview (onsite or offsite)
• Define the format (individual or group)
• Protect interviewees from reprisals
• Are aware of local and cultural contexts
Building trust takes different amounts of time in different cultures. It is the decision of the
auditor to determine the duration of an interview, in order to get meaningful results.

Elements of the most positive ways to conduct interviews include:


• Right setting: Meeting in a neutral setting where workers may feel comfortable
• Small talk: Starting with small talk (music, films, sports) to let the worker feel at
ease, relaxed and more willing to talk about work subjects
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• Body language: Paying attention to facial expressions, gestures and attitudes


• Exploratory: Asking open-ended questions
• Comfortable: Listening carefully and not repeating questions if the worker does not
seem to understand or is clearly unwilling or uncomfortable to discuss the subject
• Sensitive: Changing the topic when emotions are too intense
• Neutral: Resisting to make facial expressions of shock, sadness, frustration or other
emotions in reaction to what the worker says
• No notes: Avoiding note-taking as workers may feel uncomfortable being recorded
• Empathy: Being on the same level as the workers (e.g. sitting on the floor if this is
where they are)
Child labour: These recommendations apply in case the worker being interviewed is a child
found working. The auditor must be particularly vigilant in such cases and, additionally,
consider asking the child where she/he would prefer to talk and whether she/he would like
anyone else to be present, for example a sibling or a friend.
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1.12. MAIN AUDITEE


The auditor evaluates the auditee against the BSCI Code of Conduct version 1/2014.
The evaluation is done per Performance Area.

The auditor shall answer questions “yes”, “partially” or “no” depending on the level of
satisfactory evidence.

The sources of evidence are reported under the grid called “Evidence”. They can be:
• MI: Management interview(s)
• WI: Workers interview(s)
• WRI: Workers representative interview(s)
• DE: Documentary evidence
• SO: Site observance
Documentary evidence: A site visit is not considered a source of evidence unless backed
up by pictures in which case it is reported under documentary evidence.
For more information on documentary evidence, see BSCI System Manual Part V – Annex 6:
Most Relevant Documents for the BSCI Audit.

Interpretation guidelines: Every question under each Performance Area is linked to


interpretation guidelines. These are available in the Audit Report to support the auditor in
his/her evaluation. Auditors have access to those guidelines in the subsequent chapters.

To deepen their understanding, they may also read BSCI System Manual Part III –
Understanding the BSCI Audit from the auditee perspective, which guides the auditee.

Findings: The auditor consolidates the findings per Performance Area.


These are some examples of how the section “Findings” can be filled out:
• “Based on limited evidence, the main auditee does not respect this principle
because (the auditor describes the deviations/reasons why).”
• “Based on satisfactory evidence, the main auditee partially respects this principle
because (the auditor describes the deviations/reasons why).”
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Good practices: If applicable, the auditor also drafts the consolidated good practices per
Performance Area.

This is an example of how the section “Good practices” can be filled out:

“The main auditee exceeds expectations with respect to this principle because (the auditor
describes the good practice(s) and related evidence).”
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1.13. SAMPLED FARMS (IF APPLICABLE)


This tab is only to be used when farms are part of the audit scope.

Auditors must evaluate the same social performances than applied to the main auditee.
The auditor must create as many questionnaires as sampled farms.

Rating: The ratings of the sampled farms do not affect the overall rating of the main
auditee.

However, the findings at the farms must be included in the Findings Report. The follow up
of these findings corresponds to the main auditee in cooperation with the farms.

Smallholders: When some or all of the sampled farms are smallholders, the auditor shall
use the specific questionnaire that applies to them. Smallholders are farms hiring less
than 5 workers. Smallholders are not rated.

Family farms: When some or all of the sampled farms are family farms, the auditor shall
use the specific questionnaire that applies to them. Family farms are farms using only
family workforce, without hiring any worker.

Cooperatives: The auditor shall pay particular attention if the main auditee is a cooperative
of farms, in which case the sampled farms are members of the cooperative.

NOTES:

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2. INTERPRETATION GUIDELINES PER


PERFORMANCE AREA

2.1. PERFORMANCE AREA 1: SOCIAL MANAGEMENT SYSTEM AND CASCADE EFFECT


1.1 Is there satisfactory evidence that the auditee has 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 auditee can
take ownership over the process and continuously improve.

Effectiveness: To verify the effectiveness of the management system, the auditor must at
least evaluate:
• Does the auditee’s management understand why its own good social performance
is important for BSCI Participants?
• Does the auditee’s management understand the importance and benefits of having
an effective management system and related procedures in place?
• Does the auditee’s management show full commitment towards integrating the BSCI
Code into the auditee business culture?
• Does the auditee’s management understand the difference between short-term
investment and long-lasting solutions?
• Does the auditee’s management understand the content of the BSCI Code and Terms
of Implementation for business partners to be involved in the BSCI monitoring
process?
• Does the auditee’s management understand the need to develop internal
procedures to integrate the BSCI Code into day-to-day business practices?
• Does the auditee’s management understand how business relations are affected by
the implementation of BSCI?
• Does the auditee’s management understand the need to consult customers and
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stakeholders to adhere to a continuous improvement approach in day-to-day


business practices?
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Coherency check: Furthermore, the auditor shall evaluate 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)
• Organisational chart and reporting lines: Who decides what?
• Documented procedures: particularly for hiring, using recruitment agencies,
subcontracting, dealing with grievances, training workers, promoting ethical
behaviour, following up on BSCI Remediation Plans.
• Work instructions, time table, emergency instructions, instructions in case of
accidents
• Forms: most common contracts used (e.g. permanent workers, seasonal workers,
apprentices)
• Relevant external documents such as applicable labour law
• A collective bargaining agreement (if applicable)
• Record keeping: current and old records, contracts with the workforce, contracts
with recruitment agencies, contracts with subcontractors, payslips, working
hours, certificates, inspections, minutes of meetings with workers and workers
representatives, accidents, grievance investigations.

IMPORTANT – Auditors must be aware that, if the auditee lacks the overview of its
significant business partners, this question cannot be answered YES. Question 1.1
and question 1.3 are connected and the rating of both must be coherent.

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NOTES:
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1.2 Is there satisfactory evidence that a senior manager has been appointed 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.

Effectiveness: To verify the effectiveness of the selection of right staff members, the
auditor must at least evaluate 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 has:
• A good understanding of the BSCI Code of Conduct and Terms of Implementation
• A good overview of the supply chain:
¡¡ Which business partners are important (significant) for the business

¡¡ Which stakeholders are relevant for integrating BSCI values and principles
into the business culture
Coherency check: Furthermore, the auditor shall evaluate 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?
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• 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?
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1.3 Is there satisfactory evidence that the auditee has a good overview of the
significant business partners and their level of alignment with the BSCI Code of
Conduct?

The auditee 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 auditee and its clients face a social risk.

Examples of business partners are:


• Subcontractors
• Recruitment agencies
• Catering service providers
• Suppliers (including farms)
Effectiveness: To verify the effectiveness of the selection of business partners, the
auditor must at least evaluate that the auditee:
• 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.
These verifications can be conducted by either its own personnel (as long as they
are qualified to do so) or third parties mandated to conduct such assessments
Coherency check: Furthermore, the auditor shall evaluate if the selection of business
partners is coherent with the BSCI values and principles.
• Does the auditee keep accurate information on its different significant business
partners?
• Does the auditee know how long business partners have been working with it?
• How familiar is the auditee with the ways in which its business partners manage
their own businesses?
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• Does the auditee keep records of any complaints received about its business
partners? If yes, how has the auditee dealt with these complaints?
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1.4 Is there satisfactory evidence that the auditee’s workforce capacity is properly
organised to meet the expectations of the delivery order and/or contracts?

Effective workforce planning allows the auditee to reduce unnecessary subcontracting or


overtime, which represent social risks for both the auditee and its clients. The planning still
cannot provide necessary guarantees.

Effectiveness: To verify the effectiveness of the workforce planning, the auditor must at
least see that the auditee has realistically calculated the costs of production and delivery
times (including labour costs). If so, the auditee will be in a better position to negotiate
prices and influence customers’ purchasing practices.

Coherency check: Furthermore, the auditor shall evaluate if the planning is coherent with
the BSCI values and principles.
• How reliable is the methodology to plan production, including delivery time?
• Does the management have a good understanding of the production rate per
production unit?
• Does the management have a good understanding of the production rate per
worker?
• Does the management have a contingency plan in case something slows down or
interrupts production?
• Is the management aware of how much more overtime premium would be added to
cost, in case it is needed, to match a delivery order?
• Does the management discuss workforce capacity with the head of HR and workers
representatives?
• Who makes the final decision to change regular work capacity if it appears that
delivery time will not be met?

IMPORTANT – The auditor must be aware, that if the auditee does not show evidence of
workforce capacity being properly organised, question 6.2 cannot be answered YES
and vice-versa. Question 1.4 and 6.2 are directly connected and rating must reflect
this correlation in a coherent-manner.
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NOTES:
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1.5 Is there satisfactory evidence that the auditee monitors how its business
partners observe the BSCI Code of Conduct?

The auditee’s monitoring occurs in different steps through a development-oriented


approach. It can be done directly or indirectly.

Effectiveness: To verify the effectiveness of the business partner monitoring, the auditor
must at least evaluate that the auditee:
• Has requested significant business partners to sign the BSCI Code of Conduct and
relevant Terms of Implementation
• Keeps copies of these signed BSCI documents
• Includes social performance criteria as prerequisites to select business partners
• Has institutionalised different processes to make necessary business decisions
and/or any corrective actions to address risks found in the activities of business
partners
• Uses various ways to collect information from its business partners: These are
some examples:
¡¡ It requests regular transparent reporting related to social risks

¡¡ It conducts internal auditing

¡¡ It requests second-party or third-party audits

Coherency check: Furthermore, the auditor shall evaluate the coherence of monitoring
business partners within the overall auditee business practice.
• What mechanisms are being used by the auditee 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 auditee pass on this information (e.g. to a BSCI Participant)?
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1.6 Is there satisfactory evidence that the auditee has developed 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
Effectiveness: To verify the effectiveness of the policies and procedures to address
adverse human rights impacts, the auditor must at least evaluate 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
Coherency check: Furthermore, the auditor shall evaluate the coherence of policies and
procedures within the overall auditee 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

1.7 Is there satisfactory evidence that the auditee manages its business relations in
a responsible manner?

Effectiveness: To verify the effectiveness of the way the auditee manages its business
relations, the auditor must at least evaluate:
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• 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
Coherency check: Furthermore, the auditor shall evaluate that the way in which the
auditee manages its business relations is coherent with the BSCI values and principles.

The auditee 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.
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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

NOTES:

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2.2. PERFORMANCE AREA 2: WORKERS INVOLVEMENT AND PROTECTION


2.1 Is there satisfactory evidence that the auditee has good management practices
that involve workers and their representatives in sound information exchange on
workplace issues?

Effectiveness: To verify the effectiveness of the way that the auditee manages its
business relations, the auditor must at least evaluate that the auditee:
• Has established communication structures to genuinely involve workers and their
representatives
• Management exchanges information on workplace-related issues with workers and
their representatives
Coherency check: Furthermore, the auditor shall evaluate if the way in which the auditee
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?
• 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?
2.2 Is there satisfactory evidence that the auditee defines long-term goals for
protecting workers in line with the aspirations of the BSCI Code of Conduct?

Effectiveness: The effectiveness of long-term goals cannot be verified as, by definition,


they have not yet been implemented. Instead, the auditor shall verify the feasibility.

Coherency check: Furthermore, the auditor shall evaluate if the way in which the auditee
has defined its long-terms goals is coherent with the BSCI values and principles.
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• 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)?
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2.3 CRUCIAL – Is there satisfactory evidence that the auditee takes specific steps
to make workers aware of their rights and responsibilities?

Effectiveness: To verify the effectiveness of the steps taken to raise workers’ awareness,
the auditor must at least evaluate 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
Coherency check: Furthermore, the auditor shall evaluate how the auditee 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
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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.
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2.4 Is there satisfactory evidence that the auditee builds sufficient competence
among managers, workers and workers representatives to successfully embed
responsible practices in the business operation?

Effectiveness: To verify the effectiveness of the capacity building activities taken by the
auditee, the auditor must at least evaluate that:
• Trainings are granted for workers representatives, managers and other decision-
makers
• The auditee ensures that 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 auditee has training materials related to BSCI Code content, made available for
the management
Coherency check: Furthermore, the auditor shall evaluate if the ways in which the auditee
builds internal capacities is in coherence with the BSCI values and principles.
• 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 auditee 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? acting and integrating

NOTES:
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PART II – PERFORMANCE AREA 2 Workers Involvement and Protection PAGE 106

2.5 Is there satisfactory evidence that the auditee has established, or participates in, an
effective operational-level grievance mechanism for individuals and communities?

Effectiveness: To verify the effectiveness of the grievance mechanism (established or


endorsed by the auditee), the auditor must at least evaluate that:
Workers and communities can lodge grievances through such a mechanism.
The grievances lodged can relate to the auditee’s 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
• 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
Coherency check: Furthermore, the auditor shall evaluate how the auditee defines and
manages the grievance mechanism in coherence with the BSCI values and principles.
• 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? acting and integrating

Documents Related to this Performance Area

• 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 (e.g. BSCI Template 8:
Grievance Mechanism filled in)
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PART II – PERFORMANCE AREA 3 The rights of Freedom of Association and Collective Bargaining PAGE 107

2.3. PERFORMANCE AREA 3: THE RIGHTS OF FREEDOM OF ASSOCIATION AND COLLECTIVE


BARGAINING
Freedom of Association: The right of workers to form and join organisations 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.

When operating in countries where free and democratic trade union activity is unlawful or
prohibited, the auditor and auditee will acknowledge the fact that workers are still allowed
to freely elect their own representatives.

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’ organisation: A company that restricts workers’ rights to join an


organisation or a union, or to associate freely, is very unlikely to maintain good labour
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.

3.1 Is there satisfactory evidence that the auditee respects the right of workers to
form unions in a free and democratic way?

Effectiveness: To verify the effectiveness of auditee respect for workers’ rights to form
unions, the auditor must at least evaluate that:
• Workers establish and join workers’ organisations of their own choosing
• Workers do not need previous authorisation from the auditee to join or establish a
workers’ organisation
acting and integrating

• Workers’ organisations are formed in a democratic manner


Coherency check: Furthermore, the auditor shall evaluate if the ways in which the auditee
allows workers’ rights comply with the BSCI values and principles.
• Has management interfered to prevent workers’ participation in meetings regarding
unions or other workers’ organisations?
• 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?
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PART II – PERFORMANCE AREA 3 The rights of Freedom of Association and Collective Bargaining PAGE 108


3.2 CRUCIAL – Is there satisfactory evidence that the auditee respects 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.

Effectiveness: To verify the effectiveness of auditee respect for workers’ rights to bargain
collectively, the auditor must at least evaluate 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
Coherency check: Furthermore, the auditor shall evaluate how the auditee respects
workers’ right to bargain collectively so that this right is in coherence with the BSCI values
and principles.
• Does the auditee 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?
• 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 auditee 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?
acting and integrating

NOTES:
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3.3 Is there satisfactory evidence that the auditee does not discriminate against
workers because of their trade union membership?

Effectiveness: To verify the effectiveness of auditee non-discriminatory behaviour with


respect to unionised workers, the auditor must at least evaluate that:
• Neither workers nor their representatives are discriminated against nor suffer other
repercussions because:
¡¡ They freely exercise their right to organise

¡¡ They are members of a trade union

¡¡ They participate in or organise legal activities of their union or workers’


organisation
• Any other circumstance occurs that discourages workers from exercising the rights
of freedom of association and collective bargaining
Coherency check: Furthermore, the auditor shall evaluate how the auditee ensures no
discrimination against workers takes place so it is in coherence with the BSCI values and
principles.
• 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 sympathisers promoted to higher positions in the company?
• Is there any evidence of worker dismissals due to being unionised?

acting and integrating

NOTES:
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PART II – PERFORMANCE AREA 3 The rights of Freedom of Association and Collective Bargaining PAGE 110

3.4 Is there satisfactory evidence that the auditee does not prevent workers
representatives from accessing or interacting with workers in the workplace?

Effectiveness: To verify the effectiveness of non-interference of the auditee, the auditor


must at least evaluate that:
• The auditee recognises workers representatives’ access to the workers in the
workplace
• The auditee understands that not allowing a workers representative to access
workers in the workplace represents interference with the right of freedom of
association
• If organised in line with the law, meetings with workers representatives shall be
arranged during working hours and workers’ pay cannot be deducted
Coherency check: Furthermore, the auditor shall evaluate how the auditee avoids
interfering with workers representatives to comply with the BSCI values and principles.
• 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 the
auditee?

Documents Related to this Performance Area

• 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)
acting and integrating

• Recruitment and dismissal procedures and records


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PART II – PERFORMANCE AREA 4 No Discrimination PAGE 111

2.4. PERFORMANCE AREA 4: NO DISCRIMINATION


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 colour 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 behaviour 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 labour 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.

4.1 CRUCIAL – Is there satisfactory evidence that the auditee takes the necessary
measures to avoid or eradicate discrimination in the workplace?

Effectiveness: To verify the effectiveness of the measures taken by the auditee to avoid or
acting and integrating

eradicate discrimination, the auditor must at least evaluate that:


• The auditee does not use arguments that could be considered discriminatory when:
¡¡ Hiring

¡¡ In the workplace or as part of any daily work activities

¡¡ Firing

¡¡ Promoting or offering training opportunities

¡¡ Paying social benefits

• The auditee pays particular attention to avoid discrimination against vulnerable


groups like disabled workers, pregnant women or migrant workers
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• The auditee 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 behaviours

¡¡ Policy: Draft and enforce a policy to discourage these kinds of behaviours


and follow up on the improvements
• The auditee does not use health conditions for discrimination:
¡¡ For example, medical testing, virginity tests, 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.
Coherency check: Furthermore, the auditor shall evaluate how the auditee ensures that
no discrimination against workers takes place so it is in coherence with the BSCI values
and principles.
• 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?
4.2 Is there satisfactory evidence that the auditee takes 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?
acting and integrating

Effectiveness: To verify the effectiveness of the measures taken by the auditee to prevent
and/or remediate discrimination based on workers’ complaints, the auditor must at least
evaluate that:
• Workers have the possibility to submit complaints about infringements of their
rights without having to fear reprisals
• The auditee 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)
• The auditee puts in place corrective measures or compensation in cases of unfair
dismissal or if other forms of discrimination may have occurred
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Coherency check: Furthermore, the auditor shall evaluate how the auditee ensures that
no discrimination against workers takes place so it is in coherence with the BSCI values
and principles.
• 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 the auditee 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?
4.3 Is there satisfactory evidence that the auditee takes 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 auditee maintains records on disciplinary


incidents.

Effectiveness: To verify the effectiveness of the measures taken by the auditee, the
auditor must at least evaluate that:
• The auditee has a written procedure describing reasons for disciplinary measures
• The auditee needs to be well-informed on what the national legislation states about
which disciplinary measures are legally accepted and which are not
• Disciplinary measures cannot be against the law
Coherency check: Furthermore, the auditor shall evaluate if the measures taken by the
auditee are coherent with the BSCI values and principles.
• 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 auditee records?
• Have disciplined workers been interviewed?
acting and integrating

• How are the disciplinary measures translated into the working rules? How and how
often is management (including supervisors) trained on these measures?

Documents Related to this Performance Area

• 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)
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PART II – PERFORMANCE AREA 5 Fair Remuneration PAGE 114

2.5. PERFORMANCE AREA 5: FAIR REMUNERATION

5.1 CRUCIAL – Is there satisfactory evidence that the auditee complies with
the government’s minimum wage legislation or the industry standard approved
through collective bargaining?

The auditor must be aware of the legal minimum wage applicable for the auditee or the
valid collective bargaining agreement applicable for the sector or industry. The auditor
shall use as a threshold whatever is more favourable for the workers.

For information on minimum legal wage and working hours, see the ILO country data:
www.ilo.org/dyn/travail/travmain.search?p_lang=en

Effectiveness: To verify the effectiveness of the auditee’s remuneration practice, the


auditor must at least evaluate that:
• The auditee 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 reach the minimum wage level by working overtime
• The verified payroll sample covers a significant period of time (e.g. 12 months
before the date of the audit). However, the period of time taken during a follow-up
audit shall not include the period covered by the previous audit, particularly when
the verification aims at validating improvements
Coherency check: Furthermore, the auditor shall evaluate that the auditee’s 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 the auditee keep records on how, how much and
acting and integrating

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?
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5.2 Is there satisfactory evidence that wages are paid in a timely manner; regularly
and fully in legal tender?

Effectiveness: To verify the effectiveness of the auditee’s remuneration practice, the


auditor must at least evaluate that:
• The auditee 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
• The auditee 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

Coherency check: Furthermore, the auditor shall evaluate that the auditee’s remuneration
practice is coherent with the BSCI values and principles.
• Does the auditee 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 the auditee?
• 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 the auditee? (Even if they are not to be considered as part of the
remuneration)
• Does the auditee pay special attention and act diligently when using recruitment
agencies or labour brokers?
• Is the auditee aware of how and when workers receive payment from the agency?
• Does the auditee keep these records as part of its own record keeping?
acting and integrating

5.3 Is there satisfactory evidence that the level of wages reflects the skills and
education of workers?

Opening meeting: The auditor shall understand the different skills needed in the
production lines (according to sector). The opening meeting is an opportunity to set the
scene with regard to the skills relevant for the work conducted at the facility.

To gather more details, the auditor will also use interviews with:
• Production line management
• Quality management
• Senior workers
Skills can be achieved by means of both education and experience. The auditor shall take
into account workers’ skills even if they cannot be proven by official diplomas.
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Effectiveness: To verify the effectiveness of the way that the auditee takes skills and
education into consideration, the auditor must at least evaluate that:
• The auditee takes into consideration skills and education in the hiring process
• The auditee adapts the remuneration to the workers’ skills to encourage
improvements in quality and stability of the employment relationship
• The auditee 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
• The auditee 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
• The auditee conducts workers’ training on a regular basis to strengthen their skills
Coherency check: Furthermore, the auditor shall evaluate how the auditee takes into
consideration workers skills to be coherent with the BSCI values and principles.
• 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 auditee guarantee regular trainings to workers?
• Are the people in charge of conducting occupational health and safety risk
assessments consulted to determine the type of skills in demand?
• Does the auditee have mechanisms in place to ensure more skilful 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?
5.4 Is there satisfactory evidence that the auditee provides sufficient remuneration
that allows workers to meet a decent standard of living?

To verify this question, the auditor 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.
The auditor may need to consult additional sources to find out more about the region:
acting and integrating

• Government data (statistics, community development departments)


• Local or international NGOs working in the area and sector
• Community groups may have answers to some of these questions
The auditor will indicate the source(s) used for the calculation.
Opening meeting: The auditor may use the opening meeting as an opportunity to explain
the aspects which are taken into consideration for the calculation (e.g. number of family
members in the region; diet; transportation costs) and also seek additional feedback from
the auditee, if needed.
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Effectiveness: To verify the effectiveness of the way that the auditee takes decent
standards of living into consideration, the auditor must at least evaluate that:
• The auditee is aware that fair remuneration concerns all workers regardless if they
are permanent or seasonal; regardless if they are directly or indirectly engaged
• The auditee has a good understanding about:
¡¡ Living costs of the workforce in the region
¡¡ Possible gaps that exist between the actual remuneration and the fair
remuneration figure
¡¡ Identifying potential actions to fill the gaps
• Total remuneration provided by the auditee 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
¡¡ Subsidised or free transportation
¡¡ Subsidised or free living space
¡¡ Subsidised or free canteen services
¡¡ Opportunities for education or training
¡¡ Premium paid overtime
• 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 auditor will calculate the training time at
the rate of the regular wage.
Coherency check: Furthermore, the auditor shall evaluate that the way that the auditee
takes into account decent standards of living complies with the BSCI values and principles.
• Is the person in charge of recruitment aware of the standard of living in the region?
• Does the auditee guarantee regular information to workers on what is considered
remuneration?
acting and integrating

• 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?
Area of improvement: If the auditor finds out that the total remuneration provided
to workers does not allow them to have a decent standard of living in the region, the
auditor shall report the finding under “Areas of improvement” in the Fair Remuneration
Performance Area.

Good practices: The auditor shall acknowledge under “Good practices”, in the Findings
Report, when the auditee provides him/her with this information and calculation of fair
remuneration (e.g. the auditee uses the BSCI Template 5: Fair Remuneration Quick Scan).
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5.5 Is there satisfactory evidence that the auditee provides workers with the social
benefits that are legally granted?

The auditor shall verify 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.
The auditor shall describe which social benefits are missing or not correctly paid.
Effectiveness: To verify the effectiveness of the way that the auditee pays social benefits,
the auditor must at least evaluate that:
• The auditee pays the social benefits in addition to the minimum wages and never as
a way to allow workers to only attain the minimum
• The auditee 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

• The auditee 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

• The auditee 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 auditor shall evaluate the
auditee in a positive manner.
acting and integrating

If the country’s legislation does not allow such a substitution, but workers are granted
equivalent coverage, the auditor indicates that the auditee complies “partially” and he/she
specifies the circumstances accordingly.

Exceptions from social benefits: The auditee may submit an approval from the local
labour authority or any other authorisation (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 auditee
The auditee shall have made available the original document to prove these exemptions.
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Coherency check: Furthermore, the auditor shall evaluate the way that the auditee
provides workers with social benefits is coherent with the BSCI values and principles.
• 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 auditee 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 the auditee
provides?
• Are different aspects of social benefits adequately detailed in the payroll?
Good practices: The auditor shall acknowledge under “Good practices”, in the Findings
Report, when the auditee provides commercial insurance in addition to the minimum
social benefits required by law.


5.6 CRUCIAL – Is there satisfactory evidence that the auditee ensures that deductions are
only taken under the conditions and to the extent prescribed by the law?

The auditor shall verify if there are regulations with regard to which deductions are legal
and how they can be applied (e.g. collective bargaining agreement or the national law). He/
she uses as a threshold the regulation which is more beneficial for workers.

Effectiveness: To verify the effectiveness of the way the auditee ensures deductions are
legal, the auditor must at least evaluate that:
• Deductions applied by the auditee do not result in:
¡¡ Workers earning less than the legal minimum wage

¡¡ An economic benefit for the auditee

¡¡ A form of discrimination

• The auditee approach to unproductive time is fair to the workers:


¡¡ The time workers may have spent in required meetings, training sessions
acting and integrating

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 the auditee’s production site is going to be closed down for repairs or
reconstruction, the auditee 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
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• 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:
¡¡ Tools and machines

¡¡ Sanitary facilities

¡¡ Drinking water

¡¡ Washing facilities

¡¡ Provisions of protective clothing for workers

• Deductions for services offered by the auditee (e.g. transportation or food) are
charged at local market rates or lower
• Use of the services offered by the auditee 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
Coherency check: Furthermore, the auditor shall evaluate that auditee deductions are
coherent with the BSCI values and principles.
• 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 auditee 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?

Documents Related to this Performance Area


acting and integrating

• 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)
• Documentary evidence of updated contributions to social insurance funds
• Lists of wage ranges and calculations including for piece rate workers
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PART II – PERFORMANCE AREA 6 Decent Working Hours PAGE 121

2.6. PERFORMANCE AREA 6: DECENT WORKING HOURS


Excessive working hours are recurrent in these sectors:
• The agricultural sector, particularly when the produce needs to be harvested within
a certain time frame to ensure freshness and saleability
• The manufacturing industry, where processes cannot be stopped at mid-production
• 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.

6.1 Is there satisfactory evidence that the auditee does not require more than 48
regular working hours per week, without prejudice to the exceptions recognised
by the ILO?

Effectiveness: To verify the effectiveness of the way the auditee ensures regular working
hours, the auditor must at least evaluate 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.
acting and integrating

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.
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Coherency check: Furthermore, the auditor shall evaluate how the auditee enforces
regular working hours to be coherent with the BSCI values and principles.
• 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 auditee
defines working hours and shifts?
• Are workers aware of the regular working hours and possible exceptions? Are
exceptions documented and made available?
Agriculture: For agricultural undertakings, 48 regular working hours per week as well as
the exceptional cases mentioned above are recommended. However, additional exceptions
related to harvesting time also apply.

6.2 CRUCIAL – Is there satisfactory evidence that the auditee 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.:
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¡¡ 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)
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Effectiveness: To verify the effectiveness of the way the auditee ensures fair overtime,
the auditor must at least evaluate that:
• The auditee is aware of the regulation that applies to its own industry
• The auditee enforces a procedure for overtime, particularly with regard to temporary
exceptions. This procedure:
¡¡ Originates in an agreement between workers representatives and the
auditee
¡¡ Sets the daily limits of work over the exceptional period

¡¡ Sets the premium rate paid by the auditee

¡¡ Respects any other criteria defined by law

• Legal permanent exception: If the auditee belong to a type of industry covered by


a legal permanent exception, the auditee 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
Coherency check: Furthermore, the auditor shall evaluate the coherence with the BSCI
values and principles.
• 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 auditee 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 the auditee take into consideration:
¡¡ The vulnerability of temporary workers, migrant workers and piece rate
workers to excessive overtime?
acting and integrating

¡¡ The accumulation of fatigue related to shift systems?

¡¡ The special protection for young workers, pregnant women and night shift
workers?
The auditor needs to justify why any identified overtime does not meet any or all of the
criteria mentioned above.

The auditor pays particular attention to task rate and piece rate workers, as these kinds
of arrangements, based on productivity, still need to comply with the requirements for
overtime.

All these aspects also apply to an agricultural undertaking including if it is organised as a


cooperative.
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6.3 CRUCIAL Is there satisfactory evidence that the auditee grants workers the right
to resting breaks in every working day?

Effectiveness: To verify the effectiveness of the way that the auditee grants workers the
right to rest, the auditor must at least evaluate 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)
Coherency check: Furthermore, the auditor shall evaluate that the way the auditee grants
resting breaks is in coherence with the BSCI values and principles.
• 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?
acting and integrating


6.4 CRUCIAL – Is there satisfactory evidence that the auditee grants workers the
right to at least one day off in every seven days?

Effectiveness: To verify the effectiveness of the way the auditee grants workers the right
to rest, the auditor must at least evaluate that the auditee:
• 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
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Coherency check: Furthermore, the auditor shall evaluate if the way the auditee grants
one day off is in coherence with the BSCI values and principles.
• 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?

Documents Related to this Performance Area

• Documented working rules


• Pay slips for workers and documentary evidence of payments
• Documentary evidence of the legal permanent exception covering the auditee’s
industry
• Working time records
• Documented overtime procedure including agreements with workers
• Documented records of accidents

NOTES:

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PART II – PERFORMANCE AREA 7 Occupational Health and Safety PAGE 126

2.7. PERFORMANCE AREA 7: OCCUPATIONAL HEALTH AND SAFETY

IMPORTANT – If the main auditee holds a valid GlobalGAP Certificate, the auditor must
not monitor this Performance Area.

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
The auditor must be knowledgeable about the regulations on occupational health and
safety relevant for the auditee’s activities.

2.7.1. Regulations
7.1 Is there satisfactory evidence that the auditee observes occupational health and
safety regulations applicable for its activities?

Effectiveness: To verify the effectiveness of how the auditee observes applicable OHS
regulations, the auditor must at least evaluate that:
• The auditee works in line with the regulations on occupational health and safety
relevant for its activities
• If the country does not prescribe occupational health and safety regulations for its
sector, the auditee 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


acting and integrating

of the internal procedure on occupational health and safety


Coherency check: Furthermore, the auditor shall evaluate that the ways in which the
auditee grants healthy working and living conditions is coherent with the BSCI values and
principles.
• 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?
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7.2 Is there satisfactory evidence that the auditee seeks to improve workers’
protection in case of accident, including through compulsory insurance schemes?

The auditor has an overview of the auditee’s continuous efforts towards improving the
protection of its workforce in case of accidents. The auditor verifies the different ongoing
measures that have been put in place. The endorsement of compulsory insurance
schemes is one example of these measures.

Effectiveness: To verify the effectiveness of the ways in which the auditee seeks to
improve workers’ protection, the auditor must at least evaluate that:
• The auditee involves workers and their representatives to identify better ways to
protect workers from accidents
• The auditee provides regular training for workers and management on how to avoid
accidents and minimise their impacts
• The auditee regularly analyses the accident records to gather lessons learned and
adjust the protocols accordingly
Coherency check: Furthermore, the auditor shall evaluate how the auditee seeks to
improve workers’ protection in coherence with the BSCI values and principles.
• 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?
2.7.2. Risk Assessment
7.3 Is there satisfactory evidence that the auditee regularly carries out risk
assessments for safe, healthy and hygienic working conditions?

Effectiveness: To verify the effectiveness of the way that the auditee carries out risk
acting and integrating

assessments, the auditor must at least evaluate that:


• The auditee recognises potential deficiencies by conducting OHS risk assessments
on a regular basis
• The auditee 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
• The auditee uses the risk assessments to develop and maintain an action plan
which contains all the necessary measures to promote and maintain safe, healthy
and hygienic working conditions
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Coherency check: Furthermore, the auditor shall evaluate that the way in which the
auditee carries out risk assessments is coherent with the BSCI values and principles.
• 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 auditee 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 auditee allocate adequate human and financial resources to ensure that
the identified risk(s) are mitigated?
7.4 Is there satisfactory evidence of 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 for the auditee to understand:
• Urgent demands from workers that need to be solved in the short-term
• Necessary medium- and long-term improvements to eventually implement
Effectiveness: To verify the effectiveness of how the auditee management cooperates
with workers, the auditor must at least evaluate:
• To what extent workers and their representatives are consulted during the risk
assessment, the development and implementation of the OHS systems
• The auditee has set up an occupational health and safety committee (or alternative
structure) of democratically elected workers representatives
acting and integrating

• The OHS committee is regularly active and meeting minutes record their decisions
Coherency check: Furthermore, the auditor shall evaluate how the auditee management
cooperates with workers to comply with the BSCI values and principles.
• 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 auditee reasons to disregard them?
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2.7.3. Training
7.5 Is there satisfactory evidence that the auditee regularly provides 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?

Effectiveness: To verify the effectiveness of how the auditee provides OHS training to
workers, the auditor must at least evaluate:
• 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:
¡¡ Purpose

¡¡ Number of workers who participated

¡¡ Results

¡¡ Photos

¡¡ Dates
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¡¡ Duration: The time for evacuating the building should be recorded and never
exceed nine minutes
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Coherency check: Furthermore, the auditor shall evaluate if the auditee’s OHS training to
workers is in coherence with the BSCI values and principles.
• 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

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NOTES:
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2.7.4. Personal Protective Equipment


7.6 Is there satisfactory evidence that the auditee enforces the use of PPE to provide
protection to workers alongside other controls and safety systems?

Effectiveness: To verify the effectiveness of the way the auditee enforces the use of PPEs,
the auditor must at least evaluate that the personal protective equipment provided by the
auditee 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 auditee does not charge workers any cost for using the PPE
• Suitable: Suits the activities undertaken
Coherency check: Furthermore, the auditor shall evaluate if the ways in which the auditee
enforces PPE are coherent with the BSCI values and principles.
• 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?
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NOTES:
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2.7.5. Chemicals
7.7 Is there satisfactory evidence that the auditee implements engineering and
administrative control measures to avoid or minimise the release of hazardous
substances into the work environment, keeping the level of exposure below
internationally established or recognised limits?

Effectiveness: To verify the effectiveness of how the auditee implements and enforces
control measures, the auditor must at least evaluate that:
• Risk assessment: The auditee has identified the engineering and administrative
control measures that may be needed to avoid or minimise the release of hazardous
substances into the work environment
• Administrative control measures: The auditee implements administrative control
measures such as:
¡¡ Authorisation: Only authorised 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 recognised requirements. E.g.:
-- The International Chemical Safety Cards (ICSC)
-- The Materials Safety Data Sheets (MSDS)
More information on the management of chemicals can be found at the
following link: www.inchem.org/pages/icsc.html
• Engineering control measures: The auditee implements engineering control
measures for:
¡¡ Expelling fumes, steam and dust outside (e.g. spot cleaning places)
acting and integrating

¡¡ Properly disposing chemicals, even in the absence of national legal regulations

Coherency check: Furthermore, the auditor shall evaluate that the way the auditee
implements control measures is coherent with the BSCI values and principles.
• 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?
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2.7.6. Accident and Emergency Procedures


7.8 Is there satisfactory evidence that the auditee has developed and implemented
accident and emergency procedures?

Effectiveness: To verify the effectiveness of the way that the auditee implements accident
and emergency procedures, the auditor must at least evaluate that:
• The auditee understands the importance of having documented emergency
procedures which are also properly implemented
• The auditee has visually displayed the accident and emergency procedures in a way
that is clear for workers and first-aid personnel
• The auditee has the procedures in place to immediately stop any operation where
imminent and serious danger threatens workers’ safety and health
• The auditee has the procedures in place to enable workers to safely evacuate the
premises when needed
• The auditee ensures these procedures are properly explained to:
¡¡ Seasonal and temporary workers

¡¡ Night workers

¡¡ Migrant workers

¡¡ Pregnant women

¡¡ Young workers and other vulnerable workers

Coherency check: Furthermore, the auditor shall evaluate that the way that the auditee
implements accident and emergency procedures is coherent with the BSCI values and
principles.
• 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
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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?
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7.9 Is there satisfactory evidence that the auditee makes visible potential hazards to
the workers and visitors through signs and warnings?

Effectiveness: To verify the effectiveness of the ways in which the auditee makes visible
potential hazards, the auditor must at least evaluate that:
• The auditee 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

Coherency check: Furthermore, the auditor shall evaluate that the ways in which the
auditee makes visible potential hazards is coherent with the BSCI values and principles.
• 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?
7.10 Is there satisfactory evidence that the auditee has and properly uses procedures
and systems for reporting and recording occupational accidents and injuries?

Effectiveness: To verify the effectiveness of the way the auditee reports and records
accident and injuries, the auditor must at least evaluate that:
• Reporting: The auditee has systems in place that enable workers to report
immediately to their supervisors any situation which may present a serious danger
acting and integrating

to people’s lives or health. Accidents and near-misses should be reported.


• Recording: The auditee 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

¡¡ 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


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Coherency check: Furthermore, the auditor shall evaluate that the way the auditee reports
and records accidents and injuries is coherent with the BSCI values and principles.
• 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 are these lessons 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?
7.11 Is there satisfactory evidence that the auditee confirms that the equipment and
buildings used for production are stable and safe?

The auditor is not expected to conduct “building integrity inspections” which go beyond
his/her mandate as a social auditor.

Effectiveness: To verify the effectiveness of the way in which the auditee confirms that
the equipment and buildings used for production are stable and safe, the auditor must at
least evaluate that:
• The auditee knows and follows national legal requirements concerning stability,
safety and appropriateness of its building to conduct the business activities
• The auditee knows and follows the legal requirements concerning the safety of
equipment including, if relevant, ongoing official inspections
• The auditee has procedures in place to confirm the stability and safety of the
equipment
• The auditee maintains accurate documentation on any official and private
inspection concerning building and equipment safety and stability
• The auditee is in possession of a valid licence to conduct its activities in the related
acting and integrating

building(s)
Coherency check: Furthermore, the auditor shall evaluate that the way in which the
auditee confirms that the equipment and buildings used for production are stable and safe
is coherent with the BSCI values and principles.
• Does the auditee 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 auditee?
• 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?
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7.12 Crucial – Is there satisfactory evidence that the auditee respects the workers’
right to remove themselves from imminent danger without seeking permission?

Effectiveness: To verify the effectiveness of the way the auditee respects the workers’
right to remove themselves from imminent danger, the auditor must at least evaluate that:
• The auditee 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 the auditee
Coherency check: Furthermore, the auditor shall evaluate that the way in which the
auditee respects the workers’ right to remove themselves from imminent danger is
coherent with the BSCI values and principles.
• Are workers aware that they have this right? Does it apply to the workplace
and residential facilities? Does the auditee 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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NOTES:
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2.7.7. Electricity
7.13 Is there satisfactory evidence that the auditee makes sure a competent person
periodically checks the electrical installations and equipment?

Effectiveness: To verify the effectiveness of the way that the auditee ensures a
competent person checks electrical installations and equipment, the auditor must at least
evaluate 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

Coherency check: Furthermore, the auditor shall evaluate that the way in which the
auditee ensures a competent person checks electrical installation and equipment is
coherent with BSCI values and principles.
acting and integrating

• Are electrical installations and equipment functioning in a way that ensures a safe
work environment?
• 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 ?
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2.7.8. Fire Protection

7.14 CRUCIAL – Is there satisfactory evidence that the auditee has installed an
adequate amount of properly working firefighting equipment?

Effectiveness: To verify the effectiveness of the way that the auditee installs firefighting
equipment, the auditor must at least evaluate that:
• The installation of firefighting equipment is in line with the OHS action plan
developed as a result of the periodic risk assessment
• The auditee 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
Coherency check: Furthermore, the auditor shall evaluate that the way in which the
auditee installs firefighting equipment is coherent with the BSCI values and principles.
• Is firefighting equipment functioning in a way that ensures a safe work
environment?
acting and integrating

• 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?
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2.7.9. Escape Routes and Emergency Exits


7.15 CRUCIAL – Is there satisfactory evidence that the auditee ensures that escape
routes, aisles and emergency exits in the production site are not blocked, easily
accessible and clearly marked?

Effectiveness: To verify the effectiveness of the way that the auditee ensures accessible
and visible escape routes, aisles and emergency exits for all workers, the auditor must at
least evaluate 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
• The auditee 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:

-- The number of workers


-- The size and occupancy (e.g. with regard to population density) of the
building
-- The arrangement of the workplace
Coherency check: Furthermore, the auditor shall evaluate that the auditee ensures safe,
acting and integrating

accessible and visible escape routes, aisles and emergency exits in coherence with the
BSCI values and principles.
• 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?
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7.16 Is there satisfactory evidence that the auditee ensures evacuations plans meet
legal requirements and that these plans are posted in relevant places so workers
can see and understand them?

Effectiveness: To verify the effectiveness of how the auditee ensures evacuation plans,
the auditor must at least evaluate 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

• The auditee 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
Coherency check: Furthermore, the auditor shall evaluate that the auditee ensures
evacuation plans are coherent with the BSCI values and principles.
• 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?

acting and integrating

NOTES:
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2.7.10. Machine and Vehicle Safety


7.17 Is there satisfactory evidence that the auditee ensures adequate safeguards for
any machine part, function, or process which may cause injury to workers?

Effectiveness: To verify the effectiveness of the way that the auditee ensures adequate
safeguards for any machine, the auditor must at least evaluate that:
• All applicable safeguards for equipment are available and properly installed, e.g.:
¡¡ Belt encasements

¡¡ Grills for fans

¡¡ The emergency switch-off

• The auditee 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

• The auditee ensures maintenance is carried out by competent personnel


• The auditee 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

Coherency check: Furthermore, the auditor shall evaluate that the way the auditee
ensures adequate safeguards for any machine is coherent with the BSCI values and
principles.
• 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
acting and integrating

use them in a safe manner?


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2.7.11. First Aid

7.18 CRUCIAL – Is there satisfactory evidence that the auditee ensures qualified
first-aid is available at all times?

Effectiveness: To verify the effectiveness of the way that the auditee ensures qualified
first-aid provision, the auditor must at least evaluate that:
• The auditee respects national regulations concerning medical provisions
• If there are no such legal regulations, the auditee 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, the
auditee ensures that workstations are either equipped with or very near to:
¡¡ Potable water

¡¡ Eye-wash stations

¡¡ Emergency showers

Coherency check: Furthermore, the auditor shall evaluate that the way in which the
auditee ensures qualified first-aid is coherent with the BSCI values and principles.
• 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?
acting and integrating

• 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?
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7.19 Is there satisfactory evidence that the auditee has emergency procedures, in
writing, to deal with cases of trauma or serious illness?

Effectiveness: To verify the effectiveness of how the auditee emergency procedures deal
with trauma or serious illness, the auditor must at least evaluate 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
Coherency check: Furthermore, the auditor shall evaluate if the ways in which the auditee
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?

acting and integrating

NOTES:
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2.7.12. Work place, Social Facilities, including housing when provided by the auditee

7.20 CRUCIAL – Is there satisfactory evidence that the auditee provides 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 auditee.

Special attention shall be given to this right in countries where the risk of dehydration may
be higher due to hot/dry weather.

Effectiveness: To verify the effectiveness of the way that the auditee ensures potable
water, the auditor must at least evaluate 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
• The auditee respects the characteristics and tests required for potable water as
defined by national regulations
• The auditee ensures that there are proper signs to identify water which is not
potable in places where it is not mandatory that water be potable
Coherency check: Furthermore, the auditor shall evaluate that the way the auditee
ensures potable water is coherent with the BSCI values and principles.
• Are workers aware of their right to potable water at all times? How often do they
access water?
• Does the auditee pay particular attention to the risk of dehydration? Does the
auditee 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?
7.21 Is there satisfactory evidence that the auditee provides workers with access to
an appropriate, clean area for storing food, eating and/or cooking?
acting and integrating

The auditor takes pictures of the state of these areas and includes them in the audit report.

The auditor verifies how food is stored; records of cleaning shifts; menus provided and the
range of lunch and/or dinner shifts (if applicable).

Effectiveness: To verify the effectiveness of the way that the auditee ensures appropriate
areas for storing food, eating and/or cooking, the auditor must at least evaluate that:
• Workers are provided with access to clean areas for food storage, cooking and/or
eating, including in remote areas (e.g. during harvest)
• The auditee will follow national regulatory criteria, which usually relate to the
number of workers
• The auditee 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
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Coherency check: Furthermore, the auditor shall evaluate that the auditee ensures
appropriate areas for storing food, eating and/or cooking in compliance with the BSCI
values and principles.
• Are workers satisfied with the areas provided by the auditee?
• 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 the auditee conduct assessments to
define them in consultation with workers and their representatives?
7.22 Is there satisfactory evidence that the auditee provides workers with clean
washing facilities, changing rooms and toilets that are also respectful of local
customs?

Effectiveness: To verify the effectiveness of the way that the auditee provides workers
with clean washing facilities, changing rooms and toilets, the auditor must at least
evaluate that:
• The auditee follows national regulations concerning the minimum number of
washing facilities and toilets for the size of the company
• If there is no national regulations, the auditee determines its criteria based on the
OHS risk assessment and related action plan
• The auditee 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
• The auditee 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).

Coherency check: Furthermore, the auditor shall evaluate that the ways in which the
acting and integrating

auditee provides workers with clean washing facilities, changing rooms and toilets are
coherent with the BSCI values and principles.
• 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 the auditee 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?
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7.23 Is there satisfactory evidence that the auditee provision of transportation to


workers is safe and complies with national regulations?

If the auditee does not provide transportation to workers, the auditor shall answer this
question Not Applicable and justify the answer under “Findings”.

Effectiveness: To verify the effectiveness of the way that the auditee provides
transportation, the auditor must at least evaluate that:
• The transportation provided to workers (either directly or using third parties) is safe
and complies with national regulations
• The auditee is able to provide information on how workers get to the premises
(e.g. using public transportation, a bicycle)
• The auditee 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)
Coherency check: Furthermore, the auditor shall evaluate that the way the auditee
provides transportation is coherent with the BSCI values and principles.
• Is the auditee 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
the auditee 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?
7.24 Is there satisfactory evidence that the auditee has 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)?

Effectiveness: To verify the effectiveness of the way that the auditee provides workers
housing, the auditor must at least evaluate 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
• The auditee is able explain how and why the locations were chosen, so workers
acting and integrating

(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, the auditee provides adequate
welfare facilities and accommodation at no cost to the worker (e.g. agriculture and/
or animal production)
Coherency check: Furthermore, the auditor shall evaluate that the auditee 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?
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7.25 Is there satisfactory evidence the auditee verifies 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 auditee 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
organised.

Effectiveness: To verify the effectiveness of the way that the auditee verifies adequate
temperature, humidity, space, sanitation, illumination, the auditor must at least evaluate
that:
• Space and illumination are provided in an adequate way for workers’ specific
activities
• The auditee includes the assessment on temperature, humidity, space, sanitation
and illumination as part of the OHS risk assessment and related action plan
• The auditee 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 auditee 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.

Coherency check: Furthermore, the auditor shall evaluate that the way in which the
auditee verifies adequate temperature, humidity, space, sanitation, illumination is
coherent with the BSCI values and principles.
• Are workers satisfied with the temperature, humidity, space, sanitation, illumination
conditions?
• Are there any grievances concerning the quality of any of these aspects?
acting and integrating

• How often are workers and their representatives consulted about these conditions?
• Is the scheduled garbage pickup displayed? How are laundry services or rooms
organised?
• 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?
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Documents Related to this Performance Area

Certificates and contracts:


• Valid inspection and insurance for machinery and vehicles
• Purchase invoices of the PPE bought by the auditee
• 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
• 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,
acting and integrating

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, 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
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2.8. PERFORMANCE AREA 8: NO CHILD LABOUR


Child labour 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 labour in the supply chain in a responsible way is very complex;
especially in locations where child labour may be common. Removing them from work may
force them to enter worse forms of exploitation or greater vulnerability.

8.1 CRUCIAL – Is there satisfactory evidence that the auditee does not engage in
illegal child labour directly or indirectly?

Children who are working who are younger than 15 years old (or younger than 14 years old
in countries that have set that age as the threshold), is regarded as child labour, unless it
is light work (defined below).

Child labour occurs when work:


• Is done by a person who is younger than 15 years old (or someone who is younger
than 14 years old in countries that set that age as the threshold)
• Is mentally, physically, socially and/or morally dangerous
• Is harmful to children
• Interferes with their schooling because it:
¡¡ Deprives them of the opportunity to attend school

¡¡ Obliges them to leave school prematurely

¡¡ Requires them to attempt to combine school attendance with excessively


long and heavy work
• It Is not “light work”

Light work refers to the participation of children or adolescents in work activities such as:
acting and integrating

• Helping their parents around the home


• Assisting in a family business
• Earning pocket money outside school hours and/or during school holidays
Light work is acceptable as long as:
• The child is at least 13 years old (or at least 12 years old in countries that have set a
minimum age of 14)
• It does not prejudice their attendance to school or time dedicated to homework (e.g.
maximum two hours in any working day)
• It does not take place on a continuous basis (e.g. school holidays)
• It is supervised by either parents or any other guardian who can ensure the tasks
provided to children are not harmful for their health or interfere with their schooling
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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 jeopardise peoples’ health, safety
and/or morals.

Effectiveness: To verify the effectiveness of how the auditee ensures not to engage in
illegal child labour directly or indirectly, the auditor must at least evaluate that:
• The auditee has taken the necessary measures to:
¡¡ Understand what child labour is, particularly by building the awareness of
supervisors and recruitment staff
¡¡ Identify the likelihood of child labour in its industry or region (e.g. some
industries such as agriculture, hunting, forestry, fishing, mining and
quarrying have a higher risk of child labour than others)
¡¡ Not engage child labour indirectly (e.g. using recruitment agencies, or
allowing migrant or seasonal workers to use their own children to support
them at work)
• The auditee 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)
• The auditee keeps contact details of the stakeholder(s) to be involved in the solution
of child labour cases
Flagrant child labour: If child labour is found during the audit, immediate actions shall be
taken by the auditor at that very moment:
• Identification of the child and his/her family
• Determine if the case refers to accidental child labour (e.g. the company was led to
believe the child was older) or if there is a case of the “worst form of child labour and
exploitation”, which deserves different remediation
• Get in touch with the family/guardian and relevant stakeholders to ensure the child
acting and integrating

is removed in a responsible way


If the auditee has mapped its relevant stakeholders and developed its child labour
procedure, the case of child labour allows the auditor to witness the effectiveness of the
procedure. If child labour is identified during the audit, the auditor shall prioritise the follow
up on the steps mentioned above, which are to be taken by the auditee.
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The auditor takes the necessary time to interview the child and, through that interview,
gathers as much information as possible on:
• How did the child enter the job?
• For how long has he or she been employed?
• How has he or she been treated?
• What has been the payment, working time and under which working conditions?
• Has he or she been provided food and housing?
• Are there other children onsite?
• What is the child’s background?
In order to reach the best outcome of this interview, the auditor shall be well-equipped with
specific interview techniques to make the child feel comfortable and safe.

Immediate notification: The issue needs to be notified immediately via the BSCI Platform.
(See BSCI System Manual Part V - Annex 5: BSCI Zero Tolerance Protocol)
The effectiveness of the child labour procedure shall be reported under the Child Labour
Performance Area either as an area for improvement or as a good practice.

IMPORTANT – It is not the child who is in breach of the law, but the employer. The child
should not get the impression that something bad will happen to him/her. Auditors
must be genuinely willing to listen to what the child is saying, but they should also
know when to stop the interview if the child’s memories and experiences are too
intense or painful.

Coherency check: Furthermore, the auditor shall evaluate that the way in which the
auditee ensures not to engage in illegal child labour directly or indirectly is coherent with
the BSCI values and principles.
• Are the questions in the recruitment procedure respectful to individuals?
• Does the auditee take into consideration gender issues?
• Is the auditee particularly vigilant if it is based in a region with a high level of
migration and seasonal workers?
acting and integrating
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8.2 Is there satisfactory evidence that the auditee has established robust
age-verification mechanisms as part of the recruitment process, which may not
be in any way degrading or disrespectful to the worker?

Effectiveness: To verify the effectiveness of the way that the auditee establishes robust
age-verification mechanisms, the auditor must at least evaluate that:
• The recruitment procedures integrate the necessary measures to avoid or minimise
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:

-- Labour 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
Coherency check: Furthermore, the auditor shall evaluate that the way the auditee
establishes robust age-verification mechanisms is coherent with the BSCI values and
principles.
• 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?
acting and integrating

• Are medical check-ups used to support the verification of age?


• Is the auditee 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?
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8.3 Is there satisfactory evidence that the auditee has adequate policies and
procedures in writing toward protecting children from any kind of exploitation?

Effectiveness: To verify the effectiveness of the way that the auditee protects children
from exploitation, the auditor must at least evaluate that:
• The policies and procedures aim at avoiding any exploitation of children, both
directly or indirectly
• The procedure develops from a systematic analysis of the circumstances under
which exploitation of children occur
• The procedure sets out:
¡¡ The necessary steps to ensure children are protected from exploitation

¡¡ How to deal with the case of child labour in the most responsible and
humane way
Coherency check: Furthermore, the auditor shall evaluate that the way the auditee
protects children from exploitation is coherent with the BSCI values and principles.
• 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 labour?
• Is there any child labour programme or project run in the area by government, NGOs
or others?
• Is there any trade union which could provide support in cases of child labour?
• 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?
acting and integrating

8.4 Is there satisfactory evidence that the auditee has 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 auditee needs to understand child labour risks (through its
own recruitment or indirectly) and the possible alternative for an adequate removal and
rehabilitation of the child into society (e.g. non-formal or basic education to bring older
children up to grade level so they can successfully intern or re-enter regular schools).

Stepwise approach: The auditor and auditee 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.
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Effectiveness: To verify the effectiveness of the way that the auditee provides for further
protection in case children are found to be working, the auditor must at least evaluate that:
• The auditee has developed and maintains policies and procedures for remediation in
case child labour 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
• The auditee 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 organisations like Save the
Children, UNICEF and government agencies with mandates to protect children.
Coherency check: Furthermore, the auditor shall evaluate that the way in which the
auditee provides for further protection in case children are found to be working is coherent
with the BSCI values and principles.
• Does the auditee understand why child labour needs to be eradicated?
• Does the auditee understand that a child who is found working needs to be
responsibly rehabilitated into society?
• Does the auditee 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?

Documents Related to this Performance Area

• Personnel data files for all workers (including seasonal workers and workers
hired using recruitment agencies)
• Age-verification procedure
• Documentary evidence of training given to workers, management and human
acting and integrating

resources (e.g. list of attendees with signatures)


• Procedure to avoid children exploitation
• Child labour remediation procedure
• Work contracts or agreements, including with recruitment agencies
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PART II – PERFORMANCE AREA 9 Special Protection for Young Workers PAGE 155

2.9. PERFORMANCE AREA 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.
Auditors must include young workers in their interview sample.

9.1 Is there satisfactory evidence that the auditee ensures 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?

Effectiveness: To verify the effectiveness of the way that the auditee ensures special
protection to young workers, the auditor must at least evaluate that:
• The job tasks assigned to young workers always consider their health, safety,
morals and long-term development
• Even if the auditee 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.

Coherency check: Furthermore, the auditor shall evaluate that the way the auditee
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?
• Is there a higher percentage of accident occurrence for young workers than for other
acting and integrating

categories of workers?
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9.2 CRUCIAL – Is there satisfactory evidence 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 programmes?

Effectiveness: To verify the effectiveness of the ways in which the auditee ensures
working hours do not prejudice young workers, the auditor must at least evaluate that:
• The auditee respects young workers’ right to education
• The auditee 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 programmes approved by the


competent authority
• The auditee ensures that internal trainings are organised so young workers can
attend. The timing of the trainings cannot coincide with young worker attendance to
school or vocational training
Coherency check: Furthermore, the auditor shall evaluate that the ways in which the
auditee 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 organised 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?

9.3 CRUCIAL – Is there satisfactory evidence that the auditee has established the
necessary mechanisms to prevent, identify and mitigate harm to young workers?
acting and integrating

Effectiveness: To verify the effectiveness of how the auditee establishes the necessary
mechanisms to not prejudice young workers, the auditor must at least evaluate 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
• The mitigation measures are properly documented and practiced, when applicable
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Coherency check: Furthermore, the auditor shall evaluate that the ways in which the
auditee establishes the necessary mechanisms to not prejudice young workers is
coherent with the BSCI values and principles.
• 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?
9.4 Is there satisfactory evidence that the auditee seeks to ensure young workers
have access to effective grievance mechanisms?

Effectiveness: To verify the effectiveness of the ways in which the auditee ensures
young workers have access to effective grievance mechanisms, the auditor must at least
evaluate 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
• The auditee keeps records of training provided to young workers, concerning the
existence and use of the grievance mechanism
Coherency check: Furthermore, the auditor shall evaluate that the ways in which the
auditee 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 the auditee pay particular attention that young female workers have access to
the grievance mechanism?
acting and integrating

• Are there any grievances lodged by young workers? Are there any grievances
lodged about possible laxity in protecting young workers?
• 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 utilise the grievance mechanism?

IMPORTANT – Auditors must be aware that, if the auditee does not show satisfactory
evidence of seeking to ensure young workers access to grievance mechanism,
Question 1.1 and 1.2 will be affected and vice-versa.
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9.5 Is there satisfactory evidence that the auditee seeks to ensure that young
workers are properly trained on OHS and have access to related training
programmes?

Effectiveness: To verify the effectiveness of the way that the auditee ensures young
workers are properly trained on OHS, the auditor must at least evaluate 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 auditee has documented 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
Coherency check: Furthermore, the auditor shall evaluate that the way in which the
auditee 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 the auditee 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?

IMPORTANT: Auditors must be aware that question 9.5 is interrelated with


Performance area 1, 2 and 7. They must make sure that the answers are coherent.
acting and integrating

NOTES:
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PART II – PERFORMANCE AREA 9 Special Protection for Young Workers PAGE 159

9.6 Is there satisfactory evidence that the auditee has a good overview of all young
workers engaged in its production site?

Effectiveness: To verify the effectiveness of the way that the auditee seeks to have the
overview of all young workers engaged; the auditor must at least evaluate that:
• The auditee properly understands that young workers are more vulnerable than
most workers
• The auditee devotes extra efforts towards monitoring young workers’ working
conditions
• The auditee has a good overview of young workers’ work cycles in the organisation
• Work cycle refers to:
¡¡ The recruitment process

¡¡ Remuneration

¡¡ Hours of work

¡¡ Disciplinary measures

¡¡ Promotion

¡¡ Trainings and termination of employment

• The auditee 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. See also Ethical Behaviour Performance Area.

Coherency check: Furthermore, the auditor shall evaluate 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 the auditee 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?
acting and integrating

• Is young workers remuneration in line with the level of responsibility? Are there
specific rules for remunerating apprentices?
• If the auditee claims to have a policy of not hiring young workers, what are the
reasons behind it? Is the auditee aware of side effects for having such a policy?
• Are the personal data of young workers handled in a respectful manner?

Documents Related to this Performance Area

• Documentation of all trainings given to young workers


• 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
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PART II – PERFORMANCE AREA 10 No Precarious Employment PAGE 160

2.10. PERFORMANCE AREA 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.

10.1 Is there satisfactory evidence that auditee 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.

Effectiveness: To verify the effectiveness of the way that the auditee ensures no
precarious employment, the auditor must at least evaluate 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
• The auditee monitors that work cycles are respectful to the workers at every step.
These steps are:
¡¡ Recruitment process

¡¡ Remuneration

¡¡ Hours of work

¡¡ Disciplinary measures
acting and integrating

¡¡ Promotion

¡¡ Trainings

¡¡ Termination of employment

• The auditee does not use temporary job arrangements to cover workloads that lack
pre-determined end dates
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PART II – PERFORMANCE AREA 10 No Precarious Employment PAGE 161

• The auditee 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 auditee defines working conditions and working hours by taking into
account workers who are parents or caregivers.

The auditor shall acknowledge these efforts under “Good practices” in the Findings Report.
Any other contractual practice that goes beyond legal requirements to create beneficial
and secure working conditions shall be acknowledged as good practice.

Coherency check: Furthermore, the auditor shall evaluate that the way the auditee
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 the auditee 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 the auditee defines working
hours, training or disciplinary measures?
• Is the role that workers may have as parents or caregivers taken into consideration
by the auditee?

acting and integrating

NOTES:
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PART II – PERFORMANCE AREA 10 No Precarious Employment PAGE 162

10.2 Is there satisfactory evidence that the auditee engages workers based on
recognised and documented employment relationships?

Effectiveness: To verify the effectiveness of the way that the auditee engages workers,
the auditor must at least evaluate that:
• The work relation is established in compliance with the framework that provides the
greatest protection to workers:
¡¡ National legislation

¡¡ Custom or practice

¡¡ International labour 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).
• The auditee 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

• The auditee 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

Coherency check: Furthermore, the auditor shall evaluate that the way the auditee
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 the auditee keep accurate records on workers’ work cycles?
• What kinds of additional efforts does the auditee make to ensure vulnerable workers
understand the terms of their working conditions?
acting and integrating

• 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 unrecognised working
relations?
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PART II – PERFORMANCE AREA 10 No Precarious Employment PAGE 163

10.3 Is there satisfactory evidence that the auditee provides workers with
understandable information before entering into employment?

Effectiveness: To verify the effectiveness of the way in which the auditee provides
workers with understandable information before entering into employment, the auditor
must at least evaluate that information is:
• Understandable: The auditee 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 auditee provides the information before initiating the employment
relationship
• Comprehensive: The auditee provides the same necessary information to workers
hired through recruitment agencies
Coherency check: Furthermore, the auditor shall evaluate if the way in which the auditee
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 the auditee make to ensure vulnerable workers
acting and integrating

understand their working conditions?


• Are vulnerable workers well-aware of their working conditions?
• Are workers representatives engaged to ensure additional sources of information?
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PART II – PERFORMANCE AREA 10 No Precarious Employment PAGE 164

10.4 CRUCIAL – Is there satisfactory evidence that the auditee does 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
• Labour-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 unionise
Effectiveness: To verify the effectiveness of the way that the auditee uses employment
arrangements, the auditor must at least evaluate that:
• The auditee understands that these employment arrangements may undermine
workers’ rights when used in a wrong way
• The auditee uses those employment arrangements in line with the genuine purpose
of the law
• The auditee is able to explain the business logic behind its subcontracting practices
and demonstrates that workers’ rights are guaranteed
Coherency check: Furthermore, the auditor shall evaluate if the way that the auditee 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?
acting and integrating

Documents Related to this Performance Area

• Employment contracts and/or posters where workers’ rights and obligations are
displayed
• Recruitment and dismissal procedures and records
• Overview of subcontractors
• Overview of apprenticeships granted in the company
• Overview of seasonal workers
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PART II – PERFORMANCE AREA 11 No Bonded Labour PAGE 165

2.11. PERFORMANCE AREA 11: NO BONDED LABOUR


Bonded or forced labour is unacceptable regardless of the circumstances. The utmost
must be done so that no form of bonded labour takes place anywhere in the supply chain,
on company premises or within its sphere of influence.

11.1 CRUCIAL – Is there satisfactory evidence that the auditee does not engage in any
form of servitude, forced, bonded, indentured, trafficked or non-voluntary labour?

Effectiveness: To verify the effectiveness of the ways in which the auditee ensures not to
engage in bonded labour, the auditor must at least evaluate that:
• The auditee exercises due diligence to avoid engaging in any form of bonded labour
• Managers, particularly supervisors and those in human resources, are aware of the
procedures
• The auditee takes necessary measures to understand what can be considered as
bonded labour 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 labour. 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
• The auditee 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
• If the auditee uses security guards (armed or unarmed), it ensures that they do not
acting and integrating

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 labour:

Prison labour: The most familiar and accurate notion of prison labour is that which
provides a form of occupation for convicts. Such labour is not per se a human rights
violation, if it fulfils certain conditions, such as:
• Prisoners offer their labour voluntarily, without being subjected to pressure or the
threat of any punishment
• The work is performed under conditions close to a free labour relationship (wage
level, social security, OHS) to the extent that prisoners’ conditions allow it
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This means that if the auditee is using prisoners to work (both directly and indirectly), the
auditor shall verify 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 labour in China since prisoners there are often forced to work in
conditions that contravene international labour or human rights standards because:
• The prison labourer’s rights are not covered under Chinese labour contract law and
labour law but under the prison’s law and criminal law. Full labour rights, including
overtime rates, are not properly protected
• The laws of the local prison and criminal law that govern prison labour include
explicit terms which indicate that legal minimum wages do not apply in prison
labour 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
BSCI Participants should not use prison labour in China and, if found during a BSCI
Audit, auditors must report it as a finding.

This recommendation might change in the future if Chinese laws evolve to offer the same
kinds of protection to prison labourers as other workers especially with regard to decent
working conditions.

Specific guidance on Sumangali:


The term ‘Sumangali’ refers to certain worker recruitment and retention practices in
the spinning sector and in the textile and garment industries in India, in which typically
young unmarried women are recruited from rural villages to work in spinning mills for a
number of years. The defining characteristic of Sumangali is the employers’ retention of a
substantial part of the worker’s wage, which is promised in a lump-sum at the completion
of the worker’s contract period. Sumangali commonly entails strictly monitoring and
controlling the movement of the young women outside working hours to ensure that they
sleep in designated hostels provided by the employer.
acting and integrating

The provision of a lump-sum payment before marriage and a controlled and supervised
living environment for the young workers resonates well with many marginalised rural
families from lower castes who often lack economic alternatives. However, the isolation of
these young workers in addition to the economic hardship of their families renders them
highly vulnerable, which increases the risk that many of their rights in the workplace might
be violated. For example, research shows that the lump-sum payment due at the end of
the worker’s contract is often illegally deducted from her/his due wage. This deduction
deprives the workers of their right to decent remuneration. It commonly results in bonded
labour situations.

BSCI does not endorse the practice of Sumangali under any guise, and instructs auditors
to follow the relevant auditing guidance on Sumangali issued by Social Accountability
International in April, 2011. Auditors are also asked to carefully check the sub-suppliers
that a factory utilises and to verify that a functioning management system is in place.
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Coherency check: Furthermore, the auditor shall evaluate that the way the auditee
ensures not to engage in bonded labour is coherent with the BSCI values and principles.
• Is the person responsible for human resources aware of the additional risk of
bonded labour when the auditee uses brokers?
• Does the auditee understand the risks of bonded labour? Does the auditee 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 labour?
11.2 Is there satisfactory evidence that the auditee acts rigorously and diligently
when engaging and recruiting migrant workers both directly and indirectly?

Effectiveness: To verify the effectiveness of the ways in which the auditee acts diligently
when recruiting migrant workers, the auditor must at least evaluate that:
• The auditee understands that migrant workers are more vulnerable than other
workers towards ending up in forced labour situations
• The auditee pays particular attention to indirect engagement (e.g. via recruitment
agencies)
• The auditee 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 organised 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)
Coherency check: Furthermore, the auditor shall evaluate if the way in which the auditee
recruits migrant workers is coherent with the BSCI values and principles.
acting and integrating

• Is the person responsible for human resources aware of the additional risks of
bonded labour when engaging migrant workers?
• Does the auditee 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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PART II – PERFORMANCE AREA 11 No Bonded Labour PAGE 168

11.3 CRUCIAL – Is there satisfactory evidence that the auditee does not subject
workers to inhumane or degrading treatment, corporal punishment, mental or
physical coercion and/or verbal abuse?

Effectiveness: To verify the effectiveness of how the auditee ensures workers do not
receive degrading treatment, the auditor must at least evaluate that:
• The auditee understands what can be considered as degrading treatment
• Workers are not subject to degrading treatment
• The auditee does not tolerate corporal punishment or mental coercion as part of the
auditee’s disciplinary measures
• Supervisors are instructed to never punish workers corporally or mentally and there
are consequences if they do so
• The auditee 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

Coherency check: Furthermore, the auditor shall evaluate that the way in which the
auditee 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 the auditee 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?
acting and integrating
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11.4 Is there satisfactory evidence that the auditee has established all applicable
disciplinary procedures in writing and has explained them verbally to workers in
clear and understandable terms?

Effectiveness: To verify the effectiveness of the way in which the auditee establishes
disciplinary measures to workers, the auditor must at least evaluate that:
• 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 behaviour 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 the auditee 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)
Coherency check: Furthermore, the auditor shall evaluate that the way the auditee
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?

Documents related to this Performance Area


acting and integrating

• 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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PART II – PERFORMANCE AREA 12 Protection of the Environment PAGE 170

2.12. PERFORMANCE AREA 12: PROTECTION OF THE ENVIRONMENT

IMPORTANT – If the main auditee holds a valid GlobalGAP Certificate, the auditor shall
not monitor this Performance Area.

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.

12.1 Is there satisfactory evidence that the auditee continuously identifies the
significant impacts and environmental implications associated to its activity?

Business enterprises should assess the impacts of their operations to prevent or minimise
harming the surrounding communities, resources and workers in the supply chain and
sphere of influence.

Effectiveness: To verify the effectiveness of the way in which the auditee assesses its
adverse environmental impacts, the auditor must at least evaluate that:
• All processes taking place in the factory boundaries are taken into consideration
when the auditee 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
Coherency check: Furthermore, the auditor shall evaluate that the way the auditee
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?
acting and integrating

• Is there a procedure to ensure impact assessments are regularly conducted?


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PART II – PERFORMANCE AREA 12 Protection of the Environment PAGE 171

12.2 Is there satisfactory evidence that the auditee has procedures in place to ensure
integration of local environmental law into the business model?

Effectiveness: To verify the effectiveness of the procedures, the auditor must at least
evaluate that the auditee has:
• Policies and procedures to incorporate relevant environmental laws
• Made these policies and procedures a visible part of the business culture
• 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:

-- specialised sites online


-- publications issued by industry experts
-- tailor-made services provided by specialised companies
Coherency check: Furthermore, the auditor shall evaluate that the way in which the
auditee 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?
12.3 Is there satisfactory evidence of the auditee’s required environmental permits
and licences?

Effectiveness: To verify the effectiveness of available permits and licenses, the auditor
must at least evaluate that:
• The necessary environmental permits and licences, required by law to carry out the
specific business activities, are made available and are also valid
acting and integrating

• In case the permits and licences are not available:


¡¡ The auditee has undertaken all actions to solicit the relevant licence(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.
Coherency check: Furthermore, the auditor shall evaluate that the auditee’s available
permits and licenses and/or its efforts to obtain them is coherent with the BSCI values and
principles.
• Does the auditee understand the importance of having these permits/licenses?
• Are the documents relevant for the business activities?
• Do these permits need to be updated on a regular basis? How often? Have they
been correctly and recently validated?
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PART II – PERFORMANCE AREA 12 Protection of the Environment PAGE 172

12.4 Is there satisfactory evidence 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 auditee shall not dump waste into natural environments or burn it
in open fires.

Effectiveness: To verify the effectiveness of the way in which the auditee manages its
waste, the auditor must at least evaluate:
• How the auditee manages the waste, including packaging material
• The auditee devotes particular attention to industrially contaminated water and
hazardous waste
• The auditee 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 authorised
agent or designated to a specialised 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
Coherency check: Furthermore, the auditor shall evaluate that the auditee’s waste
management is coherent with the BSCI values and principles.
• Does the auditee 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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PART II – PERFORMANCE AREA 12 Protection of the Environment PAGE 173

12.5 Is there satisfactory evidence that water is managed in a way that respects the
environment, particularly but not limited to preserving local water sources?

Effectiveness: To verify the effectiveness of the way in which the auditee manages water,
the auditor must at least evaluate that:

The auditee 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
Coherency check: Furthermore, the auditor shall evaluate that the auditee’s water
management is coherent with the BSCI values and principles.
• Does the auditee 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?

Documents Related to this Performance Area

• Environmental risk assessment


acting and integrating

• Map identification of water springs, rivers and lakes in the area of auditee
activities
• Calculation of the necessary financial and personnel resources to comply with
the minimum social and environmental requirements
• Valid certificates and environmental licenses
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PART II – PERFORMANCE AREA 13 Ethical Behaviour PAGE 174

2.13. PERFORMANCE AREA 13: ETHICAL BUSINESS BEHAVIOUR


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).

13.1 Is there satisfactory evidence that the auditee actively opposes any act of
corruption, extortion or embezzlement, or any form of bribery in its activities as
a business enterprise?

Effectiveness: To verify the effectiveness of the way in which the auditee opposes any act
of corruption, the auditor must at least evaluate:
• The auditee identifies the situations and activities where acts of corruption,
extortion or bribery are most likely to occur in its context
• The auditee 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 auditee as well
as between supervisors, recruitment agencies and subcontractors.

Coherency check: Furthermore, the auditor shall evaluate that the auditee’s ethical and
active policies and procedures are coherent with the BSCI values and principles.
• Does the auditee have a policy (e.g. BSCI Code) in place that publicly condemns
corruption, extortion and bribery as unacceptable unethical behaviours perpetrated
in its business and sphere of influence?
• Which mechanisms does the auditee use to inform and train workers on the
problem of corruption?
• Has the auditee identified where and how the major risks of corruption could occur?
• Does the auditee have procedures in place to investigate and discourage any
misbehaviour among the workers, particularly those with decision-making power?
• Does the auditee “reward” ethical behaviour and integrity among its workers and
acting and integrating

managers?
• Does the auditee include ethics and integrity in training given to workers and
managers?
• Is the auditee aware of the perverse effects of corruption on its business and
society in general?
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PART II – PERFORMANCE AREA 13 Ethical Behaviour PAGE 175

13.2 Is there satisfactory evidence that the auditee keeps 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 ensure all personal information - on workers, business partners, clients and
others - is carefully filed. It must comply with privacy laws and standards.

Effectiveness: To verify the effectiveness of record keeping on auditee activities, structure


and performance, the auditor must at least evaluate that the information is:
• Accurate: Any information presented by the auditee must be true
• Factual: Any claim made by the auditee 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 the auditee
organises its production sites should be available and clear
Coherency check: Furthermore, the auditor 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 the auditee disclose the information in accordance with applicable regulations
and industry benchmark practices?

acting and integrating

NOTES:
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PART II – PERFORMANCE AREA 13 Ethical Behaviour PAGE 176

13.3 CRUCIAL – Is there satisfactory evidence that the auditee takes 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 behaviour 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.

Effectiveness: To verify the effectiveness of auditee measures, the auditor must at least
evaluate that the auditee:
• Understands the severity of these unethical behaviours
• Has a serious commitment and set of procedures to avoid any such behaviour
• 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 the supply chain include claims to be a trader or only a


warehouse, to avoid audits of the production site(s).

The auditor shall trigger an alert if any flagrant falsification, fraud or misrepresentation
is identified. For more information, see BSCI System Manual Part V - Annex 5: BSCI Zero
Tolerance Protocol.

Coherency check: Furthermore, the auditor shall evaluate if the measures to avoid
falsification or fraud are coherent with the BSCI values and principles.
• Does the auditee understand the importance of avoiding falsification, fraud or
misrepresentation?
acting and integrating

• How are the unethical behaviours identified? How are they investigated? What do
workers think about the disciplinary measures taken by the auditee (if any)?
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PART II – PERFORMANCE AREA 13 Ethical Behaviour PAGE 177

13.4 Is there satisfactory evidence that the auditee collects, uses and otherwise
processes personal information with reasonable care and in accordance with
privacy and information security laws and regulatory requirements?

Effectiveness: To verify the effectiveness of how the auditee handles personal


information, the auditor must at least evaluate that the auditee:
• 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 the auditee’s 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
Coherency check: Furthermore, the auditor shall evaluate if the way the auditee handles
personal information is coherent with the BSCI values and principles.
• Does the auditee 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?

Documents Related to this Performance Area

• Anti-corruption policy
• Corruption risk assessment
acting and integrating

• Procedure for investigation and discouragement of unethical behaviour


• Communications and trainings to promote and reward integrity
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PART II – 3. HOW TO DRAFT THE FINDINGS REPORT PAGE 178

3. HOW TO DRAFT THE FINDINGS REPORT

Drafting the Findings Report: The auditor must use the Findings Report to report
both good practices and areas of improvement. The findings must be consolidated per
Performance Area, which requires the auditor’s professional judgment based on all the
evidence gathered during the BSCI Audit.

The professional judgment includes suggested deadlines to implement the necessary


remediation/changes.

Specific for farms: The Findings Report includes a section in each Performance Area to
be used in case sampled farms are part of the audit. The auditor shall not simply list the
identified findings for each sampled farm. He/she shall synthetise the information to
provide an overall qualified opinion concerning the main auditee’s practices vis-à-vis its
business partners.

Closing meeting and Findings Report: The closing meeting represents the end of the BSCI
Audit. The auditor must use this opportunity to:
• Describe to the auditee the good practices and areas of improvements that he/she
identified during the audit
• Clarify to the auditee any potential doubt concerning the BSCI Audit and the next
steps
The findings and rating presented at the closing meeting are preliminary. In most cases,
they will remain the same in the final version of the Findings Report. However, there may
be changes if:
• The auditor/quality assurance personnel realise(s) an error was made in the rating
onsite
• The auditor incorporates new evidence (e.g. documents not checked onsite) before
submitting and uploading the Audit Report onto the BSCI Platform. If the auditee
provides new documentary evidence after the Audit Report has been submitted, the
auditor must conduct a desktop review which shall be reported as a follow-up audit
acting and integrating

(off-site)
Signature in the Findings Report: Once the explanations and any clarifications have been
made, the Findings Report is printed and signed by:
• The auditor
• The auditee’s legal representative
• The workers representative (when applicable)
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PART II – 3. HOW TO DRAFT THE FINDINGS REPORT PAGE 179

The auditee signature does not imply that it agrees with the content. Instead, it
acknowledges that the audit has been conducted in a proper manner.

The auditee may request the auditor to integrate its remarks, made in the closing meeting,
in the Findings Report.

One copy of the Findings Report remains with the auditee and one is taken by the auditor.

Online report: The Audit Report is available to the auditee in the BSCI Platform 10 days
after the audit has been conducted.

Auditee password: To access the information, the auditee needs to login using its
password. In case of a forgotten password, the auditee shall contact the BSCI Administrator
directly via the login page: www.bsciplatform.org/home

PDF report: Alternatively, the auditee may require its client (or the auditor) to provide a
summary report in PDF format.

IMPORTANT – The audit rating indicates to the auditee which improvements it needs
to make per Performance Area. However, it does not guarantee the auditee social
performance. The rating cannot suffer any modification once the Audit Report is
submitted in the BSCI Platform.

NOTES:

acting and integrating


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PAGE 180

PART III

Understanding
the BSCI Audit
from the auditee
perspective

PART III: Understanding the BSCI Audit from the auditee perspective
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PART III – 1. HOW TO COMPLETE THE BUSINESS PARTNER INFORMATION PAGE 181

Part III of the BSCI System Manual provides relevant information for the auditee to
understand what is expected from its company in the BSCI Audit.

At this point, the BSCI Participant has already identified that the targeted business
partner has a production work environment: The auditee is a producer.

The preparation for the BSCI Audit is not a goal in itself. It helps the producer to
create a constructive dialogue with the auditor about:
• Its social performance
• Its challenges
• Its plans to improve working conditions on a continuous basis
Part III has to be read together with Part IV where the producer can find a set of
templates to help it in gathering information. Most producers do not have the habit
to maintain structured records or enforce internal procedures to harmonise the
way workers are treated in the company. The BSCI System Manual helps producers
understand the benefits of such an approach to consolidate good management habits.

BSCI System Manual Part I and Part II add information about:


• How the audit is done
• How long the audit lasts
• How BSCI Audits are rated

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PART III – 1. HOW TO COMPLETE THE BUSINESS PARTNER INFORMATION PAGE 182

1. HOW TO COMPILE THE BUSINESS PARTNER


INFORMATION

BSCI provides a set of templates to gather information on business partners.


See BSCI System Manual Part IV- Templates.

These documents can be used by:


• BSCI Participants to collect information on their business partners to decide which
ones to audit
• Producers that want to organise their data in a systematic way or to prepare for a
BSCI audit. In this case, the producer can:
¡¡ Keep using its own internal documents as long as they serve the same
purpose
¡¡ Use the BSCI templates for inspiration

The collection of information is a process that requires time and the involvement of the
relevant staff.

Key contact person: The producer should appoint a key contact person that:
• Provides information to BSCI Participants
• Maintains the data in the BSCI Platform
• Participates in BSCI Workshops
• Leads the preparation for the BSCI audit

IMPORTANT – The producer shall start setting up a social management system even
if not all information is available. The goal is to establish a systematic culture of
improvements in the company, not just collect documents for the day of the audit.
See BSCI System Manual Part V - Annex 3: How to set up a Social Management System.
acting and integrating

NOTES:
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PART III – 1. HOW TO COMPLETE THE BUSINESS PARTNER INFORMATION PAGE 183

1.1. COMPANY DATA


At this moment, the company may not have been identified as an auditee. The BSCI
Participant that has asked for information does not know if the company has a production
work environment.

The company may use BSCI Template 1: Business Partner Information to collect its own
data.

The template provides blank spaces to report the following information:

Company Data:
The company provides information about its location, sector and products that it produces.

The company must report if it has a production work environment (production units) so
the BSCI Participant can decide about the possibility of an audit.

Company Contact Details:


The company provides its contact details and lists the main language(s) so its client and
the auditor know how to keep in contact.

Production Data:
The company provides information on its production volume and cost calculation.

Production Calendar:
The company provides information on months when high, medium or low production
activity takes place.

Certification Overview:
The company provides information on any valid certificate it holds. These certificates can
refer to social performance, environmental performance and quality performance.

Valid certificates for social or environmental standards show the maturity of the company.
Holding certain certificates impacts the BSCI Audit. For example:
• A valid SA 8000 Certificate = No BSCI Audit
acting and integrating

• A valid GlobalGAP Certificate indicates that:


¡¡ The length of the BSCI Audit is reduced by 30%

¡¡ The Performance Areas related to occupational health and safety and the
environment are not checked by the auditor. The auditor checks the other
Performance Areas
Working Environment:
The company provides information on its working environment and applicable labour
regulations.

Remuneration Practices in the Company:


The company provides information on the applicable legal minimum wage as well as any
specific industry based remuneration (if applicable).

Situational Descriptions:
The company describes any situation relevant to its social performance. (E.g. overtime,
accidents, strikes).
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PART III – 1. HOW TO COMPLETE THE BUSINESS PARTNER INFORMATION PAGE 184

1.2. SUPPLY CHAIN MAPPING


The company may use BSCI Template 2: Supply Chain Mapping to collect information on its
supply chain.

At this moment, the company may not have been identified as an auditee.

Collecting these data helps the company to be aware of the importance of having
procedures to select and engage business partners.

The company may use the template to map as many business partners as it can identify.
If the company sources directly from farms, these farms need to be identified in this
template. The company must establish a system to internally monitor these farms.
See BSCI System Manual Part V - Annex 3: How to Set Up a Social Management System.

Significance for the Auditee: The auditee classifies business partners according to Low,
medium or high significance. These 3 criteria are based on the business relations, volume,
dependency and/or risks.

Recruitment agencies and homeworkers are always considered as highly significant


because they represent additional social risks for the auditee.

Signed BSCI Code of Conduct: The auditee reports if the business partner has signed the
BSCI Code with related Terms of Implementation or not. The auditee keeps this information
on record.

1.3. DECENT WORKING HOURS


The company may use BSCI Template 4: Working Hours Form to collect information on how
it working hours practice, per worker.

At this moment, the company has already been identified as an auditee.

Collecting this information shows the auditee’s awareness on the potential social risks
related to excessive working hours.
acting and integrating

This template offers the auditee a source of inspiration to oversee how the workforce
aligns with decent working hours.

The auditee is expected to record weekly working hours for every quarter of the year. This
allows the auditee to:
• Identify periods with high activity
• Balance excessive working time over a period of three months

IMPORTANT – The auditee may start the working hours’ calculation per department,
but eventually determine the figures per worker to become more aware of how to deal
with potential health and safety risks. Such risks must take into consideration the
costs related to excessive working time as well as the calculation of proper payments
to each individual worker.
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PART III – 1. HOW TO COMPLETE THE BUSINESS PARTNER INFORMATION PAGE 185

1.4. FAIR REMUNERATION QUICK SCAN


The company may use BSCI Template 5: Fair Remuneration Quick Scan to collect
information on its region and the workforce’s cost of living.

At this moment, the company has already been identified as an auditee.

Collecting this information shows the auditee’s awareness on the potential social risks
related to a remuneration which is less than what a person requires to afford daily needs.

This template offers the auditee an instrument to understand:


• The local cost of living and its relation to workers’ remuneration
• The calculation formula used by most social schemes
Regional context information: How people commute to work, the size of an average family
and household sources of energy all contribute to living expenses. Such information may
not be readily available but the auditee can search for it from different sources:
• Having open discussions with workers and their representatives
• Government (statistics department)
• Local NGOs or community groups may have answers to some of these questions
Average monthly family expenses: The auditee estimates the ‘’family basket’’ or living
expenses for an average family, using the information collected above.

Living wages estimate: The auditee can apply the calculation formula using previous sets
of data (e.g. by calculating for 1 or 2 wage earners and by considering workers’ expenses
such as transportation costs to go to, and leave, work).

Good practices: If the auditee provides the auditor with this information and the
calculation of fair remuneration, the auditor shall acknowledge this under “Good practices”
in the Findings Report.

IMPORTANT – Auditors will have their own sources of information, which may differ
from those used by the auditee. The auditor shall not judge data accuracy. Instead,
acting and integrating

he/she shall evaluate how the information was collected (e.g. from workers,
government statistics). The auditee shows its awareness and willingness to make
progress when it tries to find and calculate the information mentioned in the
template. This effort shall be acknowledged by the auditor.
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PART III – 1. HOW TO COMPLETE THE BUSINESS PARTNER INFORMATION PAGE 186

1.5. STAKEHOLDER MAPPING


The company may use BSCI Template 6: Stakeholder Mapping to collect information on its
stakeholders.

At this moment, the company has already been identified as an auditee.

Collecting this information shows the auditee’s awareness on the relevance of working
with its stakeholders. Stakeholders are individuals, communities or organisations that are
affected by and may affect an organisation’s products, operations, markets, industries,
and outcomes.
Stakeholders can be internal (e.g. workers) or external (e.g. clients). The auditee identifies
and reaches out to cooperate with stakeholders to deal with relevant topics, such as:
• Training
• Freedom of association
• Special protection for vulnerable workers
• Stop and prevent child labour
• Grievance mechanism
• Anti-corruption
These topics apply for both internal and external stakeholders.
For more information about how to do stakeholder engagement, see BSCI System Manual
Part I - Chapter 5: How to Engage Stakeholders.

1.6. YOUNG WORKERS DATA


The company may use BSCI Template 7: Young Workers Data to collect information on the
young workers.

At this moment, the company has already been identified as an auditee.

Collecting this information shows the auditee’s awareness on the importance of


guaranteeing special protection to the young workers.
acting and integrating

IMPORTANT – The auditee must have a system in place to gather this information
regardless if the company engages young workers or not. For example, a procedure to
verify the ages of workers and people in the recruitment process or engaging with an
education programme in the region helps the auditee to collect necessary information
to use this template.

1.7. GRIEVANCE MECHANISM


The company may use BSCI Template 8: Grievance Mechanism to collect information on
lodged grievances.

At this moment, the company has already been identified as an auditee.

The auditee may use the template each time a grievance is lodged.

For information about setting up a grievance mechanism,


see BSCI System Manual Part V - Annex 3: How to Set Up a Grievance Mechanism.
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PART III – 2. UNDERSTANDING THE REQUIREMENTS PER PERFORMANCE AREA PAGE 187

2. 
UNDERSTANDING THE REQUIREMENTS PER
PERFORMANCE AREA

BSCI Performance Areas are not static situations. They define a continuous improvement
path for the auditee to follow.

All Performance Areas challenge the auditee to take a cyclical approach: PLAN, DO, CHECK
and ADJUST.

By going through every Performance Area and related questions, the auditee aims to:
• Understand the possible gaps between its business practices and the BSCI Code of
Conduct version 1/2014
• Self-evaluate its social performance especially to meet a client’s (BSCI Participant)
request
• Properly prepare for the BSCI Audit
The auditee selects the most accurate answer depending on its self-evaluation:
• Not started: The auditee has not yet started the implementation
• In progress: The auditee already understands the requirement and has taken initial
steps to implement it
• Already in practice: The auditee already understands the requirement, implements
it and continues to manage it (e.g. as part of its Social Management System)
At the bottom of each Performance Area, the auditee finds the relevant documents related
to it. The same list of documents is compiled in Annex 6: Most Relevant Documents for the
BSCI Audit.

IMPORTANT – If the auditee sources directly from farms, the appointed internal
auditor will evaluate the farms’ social performance using this tool. If the farm has less
than 5 hired workers, the internal auditor shall use the BSCI Template 3: Smallholders
Self-Assessment.
acting and integrating
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PART III – PERFORMANCE AREA 1 Social Management System and Cascade Effect PAGE 188

2.1. PERFORMANCE AREA 1: SOCIAL MANAGEMENT SYSTEM AND CASCADE EFFECT

The auditee has set up an effective Not In Already in


management system to implement the started progress practice
BSCI Code of Conduct
L K J

Main auditee x

Sampled farm 1 x

Sampled farm 2 x

An effective management system is crucial to ensure daily operations work in line with
BSCI.

The auditee shall carefully read Annex 3: How to Set Up a Social Management System
before going further through the BSCI Performance Areas.

To set up an effective management system, the auditee understands:


• The importance that its own good social performance has for its clients
• The content of the BSCI Code and Terms of Implementation
• The benefits of having a Social Management System in place
• Communication with customers and stakeholders helps to make continuous
improvement possible

acting and integrating

NOTES:
PREVIOUS
PART III – PERFORMANCE AREA 1 Social Management System and Cascade Effect PAGE 189

The auditee appoints a senior manager Not In Already in


to ensure that the BSCI values and started progress practice
principles are followed in a satisfactory
manner L K J

Main auditee x

Sampled farm 1 x

Sampled farm 2 x

Working in line with the BSCI Code requires the involvement of several staff members.
However, there must be a senior position in charge. This function has decision-making
power and allocated budget to succeed in the follow-up of BSCI social performance
evaluation.

The individual assuming this role understands:


• The BSCI Code of Conduct and System Manual
• The business and the supply chain
• The business partners which are significant for the company
• The expectations of stakeholders
In addition, the auditee determines who is in charge of:
• Following up with the grievance mechanism
• Human resources
• Ensuring that workers receive and have received training relevant to the BSCI values
and principles
• Occupational health and safety risk assessments
acting and integrating

NOTES:
PREVIOUS
PART III – PERFORMANCE AREA 1 Social Management System and Cascade Effect PAGE 190

The auditee knows who its significant Not In Already in


business partners are and assesses how started progress practice
they understand and apply the BSCI Code
of Conduct L K J

Main auditee x

Sampled farm 1 x

Sampled farm 2 x

For more information, see BSCI System Manual Part I - Chapter 3: How to Develop the BSCI
Implementation Strategy.

The auditee determines which business partners are significant based on:
• Price, quality and delivery time
• Volume
• Nature of the relationship
• Level of trust and reliability
The auditee keeps records on these significant business partners with regard to the way
they manage:
• Their own social responsibility
• Potential grievances from their own workers

acting and integrating

NOTES:
PREVIOUS
PART III – PERFORMANCE AREA 1 Social Management System and Cascade Effect PAGE 191

The auditee organises its workforce Not In Already in


capacity to meet the expectations of the started progress practice
delivery order and/or contracts
L K J

Main auditee x

Sampled farm 1 x

Sampled farm 2 x

Controlling and anticipating production processes reduce unnecessary subcontracting


and overtime, which may impact quality.

The auditee has control over the production process when:

It understands the volume and frequency it is able to deliver

It plans at least the following aspects:


• Production, quality checks and delivery time
• Workforce capacity (in cooperation with workers representatives and the one in
charge of human resources)
• A “contingency plan” in case something slows down or interrupts production
• Organisation of overtime according to business needs; with a person responsible for
its approval
• Cost calculation (premium paid overtime is to be added to the cost calculation)
• Growth expectation and human resources needed

acting and integrating

NOTES:
PREVIOUS
PART III – PERFORMANCE AREA 1 Social Management System and Cascade Effect PAGE 192

The auditee monitors how its business Not In Already in


partners observe the BSCI Code of started progress practice
Conduct
L K J

Main auditee x

Sampled farm 1 x

Sampled farm 2 x

Preliminary steps: The auditee requests its business partners to:


• Share the BSCI Code of Conduct and relevant Terms of Implementation
• Sign the Code and relevant Terms of Implementation. This is mandatory if the BSCI
Audit scope includes a sample of farms
• Provide information regarding their social performance (e.g. from internal audits;
quarterly reporting; social audits and/or certificates)
Clear procedures: The auditee develops and implements clear procedures to:
• Select business partners by taking their social performance into consideration
• Follow-up on business partners’ continuous improvement
• Set consequences in case business partners breach trust
For example, the auditee shall define under which circumstances a contract or commercial
relations shall be terminated due to business partners’ disregard for workers’ rights.

For more information about stopping business, see BSCI System Manual Part I – Chapter 3,
subchapter 3.10: Stop Business.

acting and integrating

NOTES:
PREVIOUS
PART III – PERFORMANCE AREA 1 Social Management System and Cascade Effect PAGE 193

The auditee develops the necessary Not In Already in


policies and procedures to prevent and started progress practice
address any harm done to workers in its
supply chain (physically, financially or L K J
psychologically)

Main auditee x

Sampled farm 1 x

Sampled farm 2 x

Workers are often harmed when working rules are insufficient or unclear. The harm may be
physical but also financial and/or psychological.

For addressing these issues, the auditee has at least descriptions of the:
• Conducted risk assessment(s)
• Defined steps to prevent and address harm
• The decision-maker and the available channel(s) of communication
• Available budget and procedures to draw on for addressing the impact(s)
• Defined system to follow up on the measures taken

acting and integrating

NOTES:
PREVIOUS
PART III – PERFORMANCE AREA 1 Social Management System and Cascade Effect PAGE 194

The auditee manages its business Not In Already in


relations in a responsible manner started progress practice

L K J

Main auditee x

Sampled farm 1 x

Sampled farm 2 x

The auditee does not need to stop business or contracts with business partners simply
because they have difficulties in following the BSCI Code.

The auditee has:


• Communication channels to allow the business partners to explain their difficulties
as well as their progress to align to the Code
• Clear procedures to determine when a contract with suppliers or subcontractors
needs to be terminated
• Specific clauses in the contracts about ending a business relationship or
rescinding a contract because of social issues

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
acting and integrating

• 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
PREVIOUS
PART III – PERFORMANCE AREA 2 Workers Involvement and Protection PAGE 195

2.2. PERFORMANCE AREA 2: WORKERS INVOLVEMENT AND PROTECTION

The auditee involves and exchanges Not In Already in


information on workplace issues with started progress practice
workers and their representatives
L K J

Main auditee x

Sampled farm 1 x

Sampled farm 2 x

The auditee ensures:


• Management and workers meet on a regular basis to discuss about how to improve
working conditions
• Minutes of these meetings are taken, kept and remain available for workers to
consult
• A workers representative is elected by workers (including seasonal workers)
• Records on the election process are kept and made available
• The concerns of the most vulnerable workers are taken into consideration
(e.g. migrant and young workers)
• Follow-ups on workers’ requests and/or complaints are recorded

The auditee defines long-term goals to Not In Already in


protect workers according to the BSCI started progress practice
Code of Conduct
L K J

Main auditee x

Sampled farm 1 x
acting and integrating

Sampled farm 2 x

The auditee defines long-term goals in cooperation with workers and workers
representatives. The auditee has a long-term plan (e.g. 5 years) to work according to the
BSCI Code.

This long-term plan should:


• Include the vision, mission and objectives of the company in line with the BSCI Code
• Reflect a step-wise approach toward making sustainable improvements
• Genuinely involve workers and workers representatives in defining the goals
• Be written and approved by the competent person (or governance body)
PREVIOUS
PART III – PERFORMANCE AREA 2 Workers Involvement and Protection PAGE 196

The auditee takes specific steps to Not In Already in


make workers aware of their rights and started progress practice
responsibilities
L K J

Main auditee x

Sampled farm 1 x

Sampled farm 2 x

Workers’ rights and obligations are defined by:


• The law
• The specific work contracts and job descriptions
• The auditee’s rules of the workplace (as long as these rules abide by the law)
The auditee raises workers’ awareness on their rights and responsibilities.

These are some specific steps:


• Organise information sessions: Information sessions are a good starting point but
they have no impact if they are done in an isolated manner
• Develop work contracts, working rules and job descriptions: They must abide by
the law and the auditee must clearly communicate them to workers
• Create proper communication channels with workers (e.g. effective suggestion
box, complaint mechanism)
• Ensure that workers:
¡¡ Receive a copy of their contracts. In some cases (e.g. illiteracy of workers)
other means would be used to ensure workers are informed of their rights
and obligations (e.g. posters with icons)
¡¡ Are trained by a qualified person at least on:

-- The use of personal protective equipment


-- Health and safety issues to focus on the work environment
acting and integrating

-- The use of a grievance mechanism


• Maintain documentation of the workers’ trainings, which should at least include
a list of names and job titles of the participants, dates, content of the material and
qualification of the trainers
• Put the BSCI Code of Conduct in a visible place in the workplace

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.
PREVIOUS
PART III – PERFORMANCE AREA 2 Workers Involvement and Protection PAGE 197

The auditee builds sufficient competence Not In Already in


to successfully embed responsible started progress practice
practices in the business operation.
This refers to managers, workers and L K J
workers representatives

Main auditee x

Sampled farm 1 x

Sampled farm 2 x

The auditee ensures that management regularly receives:


• Informative sessions on the BSCI Code of Conduct
• Specific training for the human resources, occupational health and safety and
grievance mechanism personnel
• Feedback on the BSCI Audit results and follow-up
The auditee has training materials related to BSCI Code content and these are made
available for the management.

The auditee establishes or participates Not In Already in


in an effective grievance mechanism for started progress practice
individuals and communities
L K J

Main auditee x

Sampled farm 1 x

Sampled farm 2 x
acting and integrating

A grievance mechanism allows workers and communities to lodge suggestions or


complaints related to the workers’ or communities’ rights.

It can also be used as a communication channel to prevent harmful incidents from taking
place.

Setting up an internal grievance mechanism and/or joining an existing external one are
both possible and both can be effective.

To learn more about this topic, see BSCI System Manual Part V - Annex 4: How to Set up a
Grievance Mechanism.
PREVIOUS
PART III – PERFORMANCE AREA 2 Workers Involvement and Protection PAGE 198

Written Procedure: The auditee ensures that 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
• Processes for “appeals” and escalation, which provide additional guarantees that
the auditee will address the grievance
• Communication processes to ensure that workers and community members
have access to the grievance mechanism. This includes workers representatives,
seasonal, migrant, temporary, young and female workers
• Alternative ways for lodging a complaint. For example, through a workers
representative or directly to the management
• Record system of lodged grievances, including how they were investigated and
addressed
• Regular surveys on user satisfaction with the grievance procedure

Documents Related to this Performance Area

• 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
• Documented working rules
• Evidence of a training calendar for workers and management
• Documentary evidence of training given to workers, management and human
acting and integrating

resources (e.g. list of attendees with signature)


• Documentary evidence of trainer competence
• Documentary evidence of grievances lodged/investigated (e.g. BSCI Template 8:
Grievance Mechanism filled in)
PREVIOUS
PART III – PERFORMANCE AREA 3 The rights of Freedom of Association and Collective Bargaining PAGE 199

2.3. PERFORMANCE AREA 3: THE RIGHTS OF FREEDOM OF ASSOCIATION AND COLLECTIVE


BARGAINING

The auditee respects the right of workers Not In Already in


to form unions in a free and democratic started progress practice
way
L K J

Main auditee x

Sampled farm 1 x

Sampled farm 2 x

Free and open society: The right of workers to form and join organisations of their own
choosing is an integral part of a free and open society. Even in countries where trade union
activity is unlawful, the auditee allows workers to freely elect their own representatives.

The auditee practices a clear policy NOT to:


• Prevent worker participation in the activities of unions or other workers’
organisations
• Discourage or interfere in the election process of workers representatives
• Retaliate against workers who participate (actively or passively) in the workers
representative election

The auditee respects workers’ right to Not In Already in


bargain collectively started progress practice

L K J

Main auditee x
acting and integrating

Sampled farm 1 x

Sampled farm 2 x

Collective bargaining is the process used by workers representatives (e.g. trade unions)
and employers to negotiate the provisions that:
• Reflect the terms and conditions of employment for workers
• Confer rights, privileges and responsibilities to the parties
The auditee encourages collective negotiations on the terms of employment .

The auditee ensures that the stipulations contained in the collective bargaining agreement:
• Apply to workers in the same category
• Are available to workers
• Are integrated in the employment contracts
PREVIOUS
PART III – PERFORMANCE AREA 3 The rights of Freedom of Association and Collective Bargaining PAGE 200

The auditee does not discriminate Not In Already in


against workers because of their trade started progress practice
union membership
L K J

Main auditee x

Sampled farm 1 x

Sampled farm 2 x

The auditee puts into practice a clear policy NOT to:


• Discriminate against candidates for a company position because of their affiliation
to a trade union
• Give more nor less benefits to workers because of their affiliation to trade unions
• Dismiss workers for being unionised

The auditee does not prevent workers Not In Already in


representatives from accessing or started progress practice
interacting with workers in the workplace
L K J

Main auditee x

Sampled farm 1 x

Sampled farm 2 x

The auditee understands that:


• Workers representatives can arrange meetings with workers during working hours
in line with the law
acting and integrating

• The time involved in a meeting with the workers representative cannot be deducted
from workers’ remuneration

Documents Related to this Performance Area

• 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
PREVIOUS
PART III – PERFORMANCE AREA 4 No Discrimination PAGE 201

2.4. PERFORMANCE AREA 4: NO DISCRIMINATION

The auditee takes the necessary Not In Already in


measures to avoid or eradicate started progress practice
discrimination in the workplace
L K J

Main auditee x

Sampled farm 1 x

Sampled farm 2 x

Broad interpretation: In some cultures, discrimination may be very subtle, therefore, it


is important to broaden the interpretation to include a range of individual characteristics,
including race, language, religion and other characteristics as means of discrimination.

Most pervasive forms: The most pervasive forms of discrimination can be found with
regard to exploitation of migrant workers:
• 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
These kinds of behaviour are unacceptable.

Directly and indirectly: Potential discrimination shall be avoided both during employment
and recruitment processes.

The auditee puts into practice:


acting and integrating

• Internal assessments to identify:


¡¡ Most likely grounds used for discrimination (e.g. race)

¡¡ Most common activities through which discrimination may occur


(e.g. hiring process)
• Root cause analysis of discriminatory behaviours
• A policy to discourage discrimination particularly when workers are hired, promoted,
fired or assigned benefits
The auditee needs to be cautious to avoid that:
• The use of labour brokers or recruitment agencies does not bring additional social
risks
• Medical testing results are not used for discrimination against tested workers

IMPORTANT – Virginity tests, use of contraception or equivalent are forbidden as


workers’ requirements or preconditions.
PREVIOUS
PART III – PERFORMANCE AREA 4 No Discrimination PAGE 202

The auditee ensures workers are not Not In Already in


disciplined, dismissed or discriminated started progress practice
against because of their complaints
against infringements of their rights L K J

Main auditee x

Sampled farm 1 x

Sampled farm 2 x

The auditee makes sure that workers feel free to use the grievance mechanism without
fear of reprisal.

The auditee puts in practice:


• Grievance mechanism records to keep the background of every lodged grievance
and the conclusions of the follow-ups
• Grievance satisfaction surveys and keeps the results on record
• Regular training to management, including supervisors, to enforce this policy

The auditee takes the necessary Not In Already in


measures so workers are not harassed or started progress practice
disciplined on grounds of discrimination
L K J

Main auditee x

Sampled farm 1 x

Sampled farm 2 x

The auditee puts into practice:


acting and integrating

• A written procedure that describes reasons for disciplinary measures in the


workplace according to the law
• Consultation with workers and their representatives on disciplinary measures and
the way in which they are to be enforced
• A record-keeping system that maintains overviews on cases of disciplinary
measures which may have been imposed
• Regular training to management, including supervisors, on the content and
procedure for disciplinary measures
PREVIOUS
PART III – PERFORMANCE AREA 4 No Discrimination PAGE 203

Documents Related to this Performance Area

• Documentary evidence on disciplinary procedures


• Documentary evidence on disciplinary cases and the measures taken
• Documentary evidence of workers’ performance assessments and procedures
• Worker contracts or agreements, including with recruitment agencies
(if relevant)
• Documentary evidence of grievances lodged/ investigated (BSCI Template 8:
Grievance Mechanism filled in)

NOTES:

acting and integrating


PREVIOUS
PART III – PERFORMANCE AREA 5 Fair Remuneration PAGE 204

2.5. PERFORMANCE AREA 5: FAIR REMUNERATION

The auditee complies with the Not In Already in


government’s minimum wage legislation started progress practice
or the industry standard approved
through collective bargaining (if L K J
applicable)

Main auditee x

Sampled farm 1 x

Sampled farm 2 x

The auditee:
• Knows the minimum wage or industry standard that applies to its sector of activity
• Does not hire any worker for a lower remuneration than this threshold
• Keeps pay slips for at least the 12 month period before the date of the BSCI Audit
At least the minimum wage or relevant standard applies to:
• Part-time workers: On a pro-rata basis
• Piece-rate workers: The number of pieces produced in 8 hours amounts to no less
than the minimum daily wage defined by law
• Workers in the probationary period are paid according to the law
• Workers hired through agencies: The auditee is aware of and keeps records on how,
when and how much the agency pays these workers
• In a cooperative: If the auditee is a cooperative, the by-laws or internal regulations
clearly specify how workers and the cooperative’s members are remunerated and
when. Specifications on loans and possible advance payments are respected and
documented. All these specifications are approved in a General Assembly by the
majority as defined by the cooperative’s by-laws
acting and integrating

NOTES:
PREVIOUS
PART III – PERFORMANCE AREA 5 Fair Remuneration PAGE 205

Wages are paid in a timely manner; Not In Already in


regularly and fully in legal tender started progress practice

L K J

Main auditee x

Sampled farm 1 x

Sampled farm 2 x

Agreed and communicated: Payment periods and procedures are agreed and
communicated to the workers prior to the engagement.

The auditee pays workers:


• Timely: As agreed and as communicated to workers prior to their engagement
• Regularly: With a frequency that allows workers to make use of their 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
Payment in kind can be part of the overall remuneration as long as it is:
• On top of the amount due in legal tender
• Never done as alcohol or other drugs
For workers hired through agencies: The auditee is aware of and keeps records on how,
when and how much the agency pays these workers.

The auditee calculates the transportation and housing costs provided to workers and has a
written policy on how these services are part of the remuneration.

Personal protective equipment and other tools provided to workers to perform their tasks
are not part of the remuneration.
acting and integrating

NOTES:
PREVIOUS
PART III – PERFORMANCE AREA 5 Fair Remuneration PAGE 206

The level of wages reflects the skills and Not In Already in


education of workers started progress practice

L K J

Main auditee x

Sampled farm 1 x

Sampled farm 2 x

The auditee recognises that skills can be achieved by means of both education and
experience. Many skills are not proven by means of official diplomas.

Workers’ skills are taken into consideration:


• In the hiring process
• When assigning salaries
• When assigning tasks
Having a highly-skilled worker conducting a low-skilled job is not acceptable as it may
represent a sign of discrimination or evasion of the law.

The auditee ensures that:


• Job descriptions are available with outlines of the kinds of skills required to perform
the jobs
• The people in charge of recruitment are trained to evaluate the level of competence
required from workers
• Regular trainings are provided to strengthen workers’ skills
• People in charge of conducting occupational health and safety risk assessments are
consulted to determine the types of skills needed acting and integrating

NOTES:
PREVIOUS
PART III – PERFORMANCE AREA 5 Fair Remuneration PAGE 207

The auditee provides sufficient Not In Already in


remuneration that allows workers to started progress practice
meet a decent living standard
L K J

Main auditee x

Sampled farm 1 x

Sampled farm 2 x

Fair remuneration concerns all workers regardless if they are:


• Permanent or seasonal
• Directly or indirectly engaged
The auditee may use BSCI Template 5: Fair Remuneration Quick Scan to estimate the living
standard in its region and determine a potential gap with its remuneration practice. This
will be acknowledged by the auditor as a good practice. If there is a gap, the information
should be taken into consideration for future wage negotiations.

Total remuneration includes:


• Wages paid for up to 48 regular working hours (or whatever the maximum regular
hours are according to local law)
• Social benefits
• In-kind benefits and bonuses
• Subsidised or free transportation
• Subsidised or free living space
• Subsidised or free canteen services
• Opportunities for education or training
• Premium paid overtime
Remuneration does not include the cost of:
acting and integrating

• 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
PREVIOUS
PART III – PERFORMANCE AREA 5 Fair Remuneration PAGE 208

The auditee provides workers with the Not In Already in


social benefits that are legally granted started progress practice

L K J

Main auditee x

Sampled farm 1 x

Sampled farm 2 x

National law: National law defines the mandatory social benefits granted to workers in that
region.

Mandatory social benefits usually are:


• Old age pension
• Survivor’s benefit
• Family benefits and parental leave
• Medical care
• Unemployment
• Sick leave
• Disability
• Work-related injury compensation
• Vacations
Collective Bargaining Agreement: A collective bargaining agreement must be respected
not least if it covers more than the law by including more social benefits.

Commercial insurance: In some countries, the auditee may sign up for commercial
insurance to cover at least some of the social benefits (usually work-related injury
and health) and use these commercial insurances to replace (fully or partially) the
government programme. If the country’s legislation does not allow such a replacement,
acting and integrating

but workers are insured, the auditee complies “partially” with this item.

Exceptions from social benefits: The auditee may have been granted exemptions from
social benefits. Such exceptions shall be:
• Issued in line with the company procedure
• Issued by the legal authority (usually government department)
• Valid for the current period of time
• Applicable for the auditee
The auditee shall have available the original document(s) to prove these exemptions.

Good practices: If the auditee provides commercial insurance in addition to the minimum
social benefits required by law, the auditor shall acknowledge it under “Good practices” in
the Findings Report.
PREVIOUS
PART III – PERFORMANCE AREA 5 Fair Remuneration PAGE 209

The auditee ensures that deductions Not In Already in


from wages are only taken under the started progress practice
conditions and to the extent prescribed
by the law L K J

Main auditee x

Sampled farm 1 x

Sampled farm 2 x

Deductions cannot result in:


• Workers earning less than the legal minimum wage
• An economic benefit for the auditee
• A form of discrimination
Training sessions: Workers cannot have deductions in wages or working hours because
of the time they are in required meetings, training sessions or other workplace situations
beyond their control. Instead, the employer assumes responsibility for the situation (e.g.
a machine used by a worker is under repair and the lost time negatively impacts her/his
productivity).

Closed down: If the auditee’s production site is going to be closed down for repairs
or reconstruction, the auditee has to properly communicate the closing period to the
workforce in advance. This communication must be done with the support of the workers
representative to ensure all workers’ rights are respected.

Objects or services: Deductions cannot be made for the use of objects, buildings or
services which are directly necessary for executing the work.

That includes entry fees and charges for the use of:
• Tools and machines
• Sanitary facilities
acting and integrating

• Drinking water
• Washing facilities
• Provisions of protective clothing for workers
Market rate: Deductions for services offered by the auditee (e.g. transportation or food)
are charged at local market rates or lower. These services must always be voluntary for
workers to use.

Disciplinary measures: Deductions for disciplinary measures can only occur under the
conditions specified by law or the conditions defined in a freely negotiated and established
collective bargaining agreement.
PREVIOUS
PART III – PERFORMANCE AREA 5 Fair Remuneration PAGE 210

Documents Related to this Performance Area

• 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)
• Worker 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)
• Documentary evidence of updated contributions to social insurance funds
• Documentary evidence of legal deductions for goods or services
• Lists of wage ranges and calculations including for piece rate workers

NOTES:

acting and integrating


PREVIOUS
PART III – PERFORMANCE AREA 6 Decent Working Hours PAGE 211

2.6. PERFORMANCE AREA 6: DECENT WORKING HOURS

The auditee does not require more than Not In Already in


48 regular working hours per week, started progress practice
without prejudice to the exceptions
recognised by the ILO L K J

Main auditee x

Sampled farm 1 x

Sampled farm 2 x

The auditee ensures working hours do not exceed:


• 48 regular hours in a week
• 8 regular hours per day
The auditee exceptions apply only to:
• Management: For supervisory or management positions
• Custom: When by law, custom or agreement, workers work less than 8 hours in one
or more days of the week. The remaining days of the week can then be extended to 9
hours (48 regular working hours remains the maximum)
• Shifts: For workers employed in shifts, if their average number of working hours
takes place over a period of 3 weeks or less
• Family: For members of the same family employed in the undertaking
• Special regime: 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 3 months or less are limited to 48 hours per week.
This fluctuation of hours is not premium paid if it is compensated in time within those
three months.
acting and integrating

IMPORTANT – 48 regular working hours per week as well as the exceptional cases
mentioned above are recommended for agricultural undertakings. Additional
exceptions related to harvesting time also apply.
PREVIOUS
PART III – PERFORMANCE AREA 6 Decent Working Hours PAGE 212

The auditee request of overtime is in line Not In Already in


with the requirements of the BSCI Code of started progress practice
Conduct
L K J

Main auditee x

Sampled farm 1 x

Sampled farm 2 x

Overtime:
• It is any working hour in addition to the regular hour limit. In countries where
legislation sets the limit below 48 hours per week (e.g. 40 hours), any additional
working hour is considered overtime
• It must be paid in a premium rate
Most countries’ legislations define:
• Temporary exceptions allow additional working hours (e.g. force majeure, accident
risks or actual and urgent work to be done to machinery)
• Overtime limits (e.g. maximum 3 hours per day)
• Premium rate that applies to overtime (e.g. 25% more than a regular working hour)
• Type of working processes, which due to their nature, must be done in continuous
shifts and national law allows a permanent exception (e.g. national law allows 2
shifts of 12 hours per day instead of 3 shifts of 8 hours per day)
The auditee must be aware of the regulation that applies to its industry.

Written procedure: The auditee puts into practice a procedure to deal with overtime,
particularly with regard to temporary exceptions. This procedure:
• Originates in an agreement between the workers representative and the auditee
• Sets the daily limits of work over the exceptional period
acting and integrating

• Sets the premium rate paid by the auditee


• Respects any other criteria defined by law
Legal exceptions: If the auditee belongs to a type of industry covered by a legal
permanent exception, the auditee must keep updated documentary proof of the
agreement that describes the legal exception.

This agreement must have force of law and define:


• Type of exceptions
• Categories of affected workers
• The maximum additional working hours in each case
• The premium rate for overtime: at least 25% more than the regular rate
PREVIOUS
PART III – PERFORMANCE AREA 6 Decent Working Hours PAGE 213

Additional comments about overtime:


• Voluntary: It needs to be voluntarily agreed, unless in cases of temporary
exceptions (e.g. force majeure) which must be described in the employment
contract
• Exceptional: It needs to be exceptional. Overtime cannot be repeatedly added onto
regular working hours
• No adding risks: It needs to be set without increasing the risk to workers’ health
and safety
• Premium paid: It is paid in a premium rate as defined by the law. Overtime occurring
during official holidays and/or Sundays may have a higher premium rate to pay
• It takes into consideration:
¡¡ The vulnerability of temporary workers, migrant workers and piece rate
workers
¡¡ The accumulation of fatigue related to shifts

¡¡ Special protection for young workers, pregnant women and night workers

Corrective measures: Certain measures can be implemented to reduce excessive


overtime:
• New technologies to improve production efficiency
• New production techniques
• More skilled and qualified workers
• Improvement in logistics (e.g. coordination and planning)
• A proper discussion with clients on delivery time expectations
All these aspects of overtime also apply for agricultural undertakings including if the
auditee is a cooperative.

acting and integrating

NOTES:
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The auditee grants workers the right to Not In Already in


resting breaks in every working day started progress practice

L K J

Main auditee x

Sampled farm 1 x

Sampled farm 2 x

The auditee ensures that workers benefit from:


• Short breaks: Workers are allowed to take short breaks during working hours,
especially when the work is dangerous or monotonous, to enable workers to stay
alert
• Meal break: Workers are allowed to take the necessary time for meal breaks
according to the law
• Night rest: Workers working during the day are allowed at least 8 hours of night rest
within a 24 hour period
• Adequate areas: Workers have access to effective resting break areas. For example:
¡¡ Access to ventilated areas

¡¡ Accessible toilets

¡¡ Possibility for changing the physical working position (either sitting down
or standing up)

The auditee grants workers the right to at Not In Already in


least one day off in every seven days started progress practice

L K J

Main auditee x
acting and integrating

Sampled farm 1 x

Sampled farm 2 x

Full calendar day: The auditee respects relevant regulations for days off.

The day off shall be a full calendar day and should follow national law or custom.

The producer grants workers a full calendar day off in every 7 days, unless the freely
negotiated collective bargaining agreement or national law defines otherwise.
PREVIOUS
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Documents Related to this Performance Area

• Documented working rules


• Pay slips for workers and documentary evidence of payments
• Documentary evidence of the legal permanent exception covering the auditee’s
industry
• Working time records
• Documented overtime procedure including agreements with workers
• Documented records of accidents

NOTES:

acting and integrating


PREVIOUS
PART III – PERFORMANCE AREA 7 Occupational Health and Safety PAGE 216

2.7. PERFORMANCE AREA 7: OCCUPATIONAL HEALTH AND SAFETY

IMPORTANT – If the main auditee holds a valid GlobalGAP Certificate, the auditor shall
not monitor this Performance Area.

2.7.1. Regulations

The auditee observes applicable Not In Already in


occupational health and safety (OHS) started progress practice
regulations
L K J

Main auditee x

Sampled farm 1 x

Sampled farm 2 x

In cases where the country does not prescribe OHS regulations, international standards
apply.

The auditee involves workers and their representatives in drafting and enforcing its
internal procedure on occupational health and safety.

The auditee seeks workers’ protection Not In Already in


in case of accident, including through started progress practice
compulsory insurance schemes
L K J

Main auditee x

Sampled farm 1 x
acting and integrating

Sampled farm 2 x

The auditee implements different measures to protect workers in case of accident (e.g.
promote compulsory insurance schemes).
• The auditee involves workers and their representatives to identify better ways to
protect workers from accidents
• The auditee provides regular training for workers and management on how to avoid
accidents and minimise impacts from accidents
• The auditee regularly analyses the accident records to learn lessons and adjust
accident protocols accordingly
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2.7.2. Risk assessment

The auditee regularly carries out risk Not In Already in


assessments for safe, healthy and started progress practice
hygienic working conditions
L K J

Main auditee x

Sampled farm 1 x

Sampled farm 2 x

The auditee regularly conducts occupational health and safety risks assessments to:
• Identify the most common risks for workers
• Classify the risks based on their severity and likelihood
• Define the kind of preventive or remedial measures that may be necessary
• Develop, mantain and implement an action plan
• Allocate budget
A good risk assessment:
• Is appropriate for the safety and health of all workers
• Includes consultation with workers
• Covers all production activities, workplaces, machinery, equipment, chemicals, tools
and processes
• Uses relevant standards as a reference (e.g. national law or international standards)
• Includes regular monitoring and testing
• Allocates adequate human and financial resources to ensure that the identified
risk(s) can be mitigated
• Takes into consideration:
¡¡ The special needs of the most vulnerable workers such as pregnant women,
young workers or migrant workers
acting and integrating

¡¡ The transmittable and non-transmittable diseases in the work environment


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There is active cooperation between Not In Already in


management and workers (and/or their started progress practice
representatives) when developing and
implementing systems towards ensuring L K J
OHS

Main auditee x

Sampled farm 1 x

Sampled farm 2 x

Workers and their representatives are consulted:


• During the risk assessment
• During the development of the action plan
• During the implementation of the systems
If the auditee has set up an occupational health and safety committee with democratically
elected workers representatives, this is a positive step. Alternative means are acceptable
but adequate evidence must show how this active cooperation takes place.

The auditee keeps records on:


• OHS committee meetings
• OHS committee recommendations
• How the decision-maker accepts or rejects those recommendations

acting and integrating

NOTES:
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2.7.3. Training

The auditee regularly provides OHS Not In Already in


trainings to ensure workers understand started progress practice
the rules of work, personal protection
and measures for preventing and L K J
reacting to accidents

Main auditee x

Sampled farm 1 x

Sampled farm 2 x

The auditee makes available to workers the information on:


• The hazards and risks associated with their work
• The actions to be taken for their protection
This information needs to be displayed in a way that can be easily understood by workers.

Workers should be at least trained on the following OHS aspects:


• Use and maintain the personal protective equipment (cleaning, replacement when
damaged and appropriate storage)
• Handling basic and site specific hazards
• Safe work practices
• Emergency procedures for natural disasters
• Evacuation drills and/or fire-fighting drills. The drills are recorded to indicate:
¡¡ The purpose

¡¡ Number of workers who participated

¡¡ Results

¡¡ Photos and dates

¡¡ Time taken for the evaluation: the time for evacuating the building should
acting and integrating

never last more than 9 minutes


The auditee improves its performance by doing additional training on OHS for the following
audiences:
• Management, supervisors and occasional visitors
• Workers who operate machinery and power generators
• People working with electrical installations and equipment who also must
understand their tasks and safety procedures
• Workers who handle and/or administer hazardous substances receive specific
training. Hazardous substances include, but are not limited to, chemicals,
disinfectants, crop protection products or biocides
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2.7.4. Personal Protective Equipment

The auditee enforces the use of personal Not In Already in


protective equipment to provide started progress practice
protection to workers in conjunction
with other facility controls and safety L K J
systems

Main auditee x

Sampled farm 1 x

Sampled farm 2 x

The auditee provides personal protective equipment that:


• Offers effective protection to the worker and occasional visitors. Particular attention
shall be given for special processes (e.g. sand blasting for jeans, fumigation in
agriculture)
• Does not cause unnecessary inconvenience to the individual
• Is free of charge
• Is suitable for the necessary activities in the workplace

NOTES:

acting and integrating


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2.7.5. Chemicals

The auditee implements engineering Not In Already in


and administrative control measures started progress practice
to avoid or minimise the release of
hazardous substances into the work L K J
environment.

It keeps the level of exposure below


internationally established or recognised
limits

Main auditee x

Sampled farm 1 x

Sampled farm 2 x

The auditee puts into practice:

Risk assessment: To identify the engineering and administrative control measures


that are needed to avoid or minimise the release of hazardous substances into the work
environment.

Administrative control measures:


• Authorisation: Only authorised 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
recognised requirements. For example:
acting and integrating

¡¡ The International Chemical Safety Cards (ICSC)

¡¡ The Materials Safety Data Sheets (MSDS)

More information on the management of chemicals can be found at the following link:
www.inchem.org/pages/icsc.html

Engineering control measures to:


• Expulse fumes, steam and dust outside (e.g. spot cleaning places)
• Properly dispose of chemicals, even in the absence of national legal regulations
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2.7.6. Accident and Emergency Procedures

The auditee develops and implements Not In Already in


accident and emergency procedures started progress practice

L K J

Main auditee x

Sampled farm 1 x

Sampled farm 2 x

Step-wise: The auditee knows the different steps to follow in case of accident or
emergency so risks are minimised.

Written procedures: These steps are documented in an emergency procedure, which is


widely understood by workers; particularly by those who play a more relevant role in case
of accidents (e.g. first-aid personnel).

Special attention: The auditee ensures that these procedures are properly explained to:
• Seasonal and temporary workers
• Night workers
• Migrant workers
• Young workers
• Pregnant workers
• Disabled workers

acting and integrating

NOTES:
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The auditee makes visible potential Not In Already in


hazards to the workers through signs started progress practice
and warnings
L K J

Main auditee x

Sampled farm 1 x

Sampled farm 2 x

There are no universal ways to communicate potential hazards and warnings to workers
and visitors.

Signals and warnings must be:


• Relevant to the specific culture and activities
• Displayed in the appropriate place for their purpose
• Related to the accident and emergency procedures
• Related and suitable to potential hazards. For example:
¡¡ Chemicals
¡¡ Electricity
¡¡ Hot surfaces
¡¡ Falling objects
¡¡ Slippery floors

¡¡ Machinery and vehicles

acting and integrating

NOTES:
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The auditee has and properly uses Not In Already in


procedures for recording and reporting started progress practice
occupational accidents and injuries
L K J

Main auditee x

Sampled farm 1 x

Sampled farm 2 x

Reporting: The procedures enable workers to report immediately to their supervisor any
situation which may present a serious danger to life or health. Both accidents and near-
misses are reported.

Recording: The auditee keeps records on all accidents and injuries. Records specify:
• When the accident took place (e.g. date, peak season, picking season)
• Who was involved
• What actions were taken
• What the final results were(e.g. death, injury)
• How the accidents (or occupational diseases) were investigated
• What prevention and remediation actions were taken
• How long workers were unable to work

acting and integrating

NOTES:
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The auditee seeks the stability and Not In Already in


safety of the equipment and buildings started progress practice
used for production
L K J

Main auditee x

Sampled farm 1 x

Sampled farm 2 x
• The auditee knows and follows:
¡¡ National legal requirements concerning the building

-- Stability
-- Safety
-- Appropriateness to conduct its business activity
¡¡ Legal requirements concerning the safety of the equipment, including
ongoing official inspections (if relevant)
• The auditee has procedures in place to confirm the stability and safety of the
equipment
• The auditee maintains accurate documentation on any official and private
inspection concerning building and equipment safety and stability
• The auditee is in possession of valid licences to conduct its activities in the related
building

The auditee respects the workers’ right Not In Already in


to remove themselves from imminent started progress practice
danger without seeking permission
L K J

Main auditee x
acting and integrating

Sampled farm 1 x

Sampled farm 2 x

The right of workers to remove themselves from imminent danger without seeking
permission:
• Applies to the workplace and residential facilities provided by the auditee
• Must be well communicated to workers during trainings
• Must be properly documented in the OHS procedures
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2.7.7. Electricity

The auditee makes sure a competent Not In Already in


person periodically checks the electrical started progress practice
installations and equipment
L K J

Main auditee x

Sampled farm 1 x

Sampled farm 2 x

The person in charge of maintaining safe electrical installations is competent by means of:
• Training
• Qualification
• Experience
The person checks the electrical installations and equipment:
• Within the pre-defined timeframe
• Randomly
• Per request
The checks are properly recorded and, if possible, posted close to the verified installation
or equipment. 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
When dealing with electrical installations and equipment, workers need to conduct their
work safely:
• Only tools properly insulated and in good condition are used
acting and integrating

• Working space and lighting is appropriate


Usually national laws define the adequate working space and lighting workers working with
electrical installations and equipment need.

If national laws exclude such regulations, the auditee draws on common good practices
and adapts them to its situation:
• Workplaces shall be free of distribution lines
• Electrical cords shall not pose a tripping hazard
• Risk of strangulation or any other work-related accident are evaluated and included
in the OHS procedure to minimise the risks
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2.7.8. Fire Protection

The auditee has installed an adequate Not In Already in


amount of firefighting equipment, which started progress practice
works properly
L K J

Main auditee x

Sampled farm 1 x

Sampled farm 2 x

The auditee has the necessary firefighting equipment, in line with the OHS action plan.

Usually the national law specifies the standard requirements for firefighting equipment
such as:
• Position and placement
• Size and effectiveness
• Maintenance and inspection requirements
If there are no legal requirements, the firefighting equipment must at least be:
• Distributed in an equal manner
• Placed at a height that ensures effectiveness
• Easily reached by workers
• Properly identified (e.g. inventoried) with clear reference to:
¡¡ The last serviced date

¡¡ The due date for the next servicing

The location placement and the route to reach the fire extinguishers must be visually
marked.

Early warning systems must be installed and function as required by the law.
acting and integrating

Warning systems can be:


• Smoke sensors
• Fire alarms
• Alarm devices
PREVIOUS
PART III – PERFORMANCE AREA 7 Occupational Health and Safety PAGE 228

2.7.9. Escape Routes and Emergency Exits

The auditee ensures that escape routes, Not In Already in


aisles and emergency exits in the started progress practice
production site are easily accessible,
clearly marked and not blocked L K J

Main auditee x

Sampled farm 1 x

Sampled farm 2 x

The ultimate goal of accessible and marked escape routes is that workers and visitors may
easily leave the premises in case of incidence without putting their health or lives at risk.
• Escape routes, aisles and emergency exits fully observe the three characteristics at
the same time:
¡¡ Not blocked

¡¡ Easily accessible

¡¡ Clearly marked

• Workers and visitors can easily leave the premises in case of incidence without
putting their lives at risk
• The auditee 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, which are properly
installed and function well
¡¡ Production rooms with more than 10 workers have doors open outwards
unless the national law sets different rules. The rule that provides the
highest protection to workers applies
acting and integrating

¡¡ The number of emergency exits relate to:

-- The number of workers


-- The size and occupancy of the building
-- The arrangement of the workplace
PREVIOUS
PART III – PERFORMANCE AREA 7 Occupational Health and Safety PAGE 229

The auditee ensures evacuation plans: Not In Already in


• Meet legal requirements started progress practice
• Are posted in relevant places so L K J
workers can see and understand
them

Main auditee x

Sampled farm 1 x

Sampled farm 2 x

Plans to evacuate the building must show:


• Standpoint: Current position from the standpoint at which the plan is posted
• Closest escape route: Placement of the closest escape routes including emergency
exits
• Firefighting equipment: Placements of fire extinguishers and any other firefighting
equipment
At least a relevant number of workers know how to use a fire extinguisher.

Workers understand the evacuation plan and know how to follow it from their own
standpoints.

acting and integrating

NOTES:
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2.7.10. Machine and Vehicle Safety

The auditee ensures adequate Not In Already in


safeguards for any machine part, started progress practice
function, or process which may cause
injury to workers L K J

Main auditee x

Sampled farm 1 x

Sampled farm 2 x

All applicable safeguards for equipment are available and properly installed, for example:
• Belt encasements
• Grills for fans
• Emergency switch-off
Valid inspection and insurance for machinery and vehicles are available as required by law.
The maintenance work carried out is recorded and done by competent personnel.

This may be the case for elevators, lifts and other hazardous machines.

The auditee keeps records of the maintenance, which includes:


• Summary of maintenance
• Name of the competent person in charge
• Applicable insurance and its validity

acting and integrating

NOTES:
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2.7.11. First-Aid

The auditee ensures qualified first-aid is Not In Already in


available at all times started progress practice

L K J

Main auditee x

Sampled farm 1 x

Sampled farm 2 x

National legal regulations define what kind of medical provisions shall be available for
workers in the workplace.

If there are no such legal regulations, the auditee ensures:


• Adequate first-aid kits, rooms and/or stations
• Regular training on first-aid and related procedures to ensure emergency treatment
• One or multiple trained people who can administer first-aid
• Responsible people to verify and re-fill the content of the first-aid kit
Where immediate flushing with water is the recommended first-aid response, the auditee
ensures that close to workstations there are:
• Potable water sources
• Eye-wash stations
• Emergency showers

The auditee has emergency procedures Not In Already in


to deal with cases of trauma or serious started progress practice
illness. These procedures must be in
writing L K J
acting and integrating

Main auditee x

Sampled farm 1 x

Sampled farm 2 x

This emergency procedure may be a separate document or part of the action plan
developed after the OHS risk assessment.

Workers are aware of the procedures in case of trauma or serious illness.

The procedure also includes the steps to be taken when a worker has to be transferred to
an appropriate medical facility.
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2.7.12. Work place, Social Facilities, including housing when provided by the auditee

The auditee provides potable water for Not In Already in


workers at all times started progress practice

L K J

Main auditee x

Sampled farm 1 x

Sampled farm 2 x

Access at all times: The auditee provides access to potable water at all times, not only
during breaks.

Access to water must never be used as means for discrimination or as a disciplinary


measure.

The right to potable water applies to:


• The workplace
• The facilities where workers prepare or eat food
• Housing provided by the auditee
National regulations often define:
• Water quality suitable for human use
• Which areas may not require potable water (e.g. showers)
• The kinds of tests and authorities that verify if water is potable
Certificates: Relevant and valid certificates must be made available.

Signs for no potable water: Places where water is not potable must be properly indicated
to avoid any health risk to users.
acting and integrating

Risk of dehydration: The auditee pays additional attention to the right to potable water if it
is based in a country where risk of dehydration is higher due to hot weather.
PREVIOUS
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The auditee provides workers with access Not In Already in


to an appropriate, clean area for storing started progress practice
food, eating and/or cooking
L K J

Main auditee x

Sampled farm 1 x

Sampled farm 2 x

The auditee makes sure that workers are allowed to enjoy their lunch or dinner breaks in a
place that is safe and clean.

If the law indicates the obligations of businesses to provide an eating room or canteens,
the auditee follows that law.

If the law does not indicate the minimum conditions for these facilities, the auditee shall
conduct its own assessment in consultation with workers and their representatives to
define and agree on the minimum conditions.

The auditee pays particular attention during peak season that workers are allowed to
enjoy their lunch or dinner breaks in a place that is safe and clean. The facilities need to
accommodate the entire workforce (permanent and all other workers).

The auditee must have information available for the audit about:
• How food is stored
• Records of cleaning shifts
• Menus provided (e.g. for the last 6 months before the audit)
• Lunch and/or dinner shifts
acting and integrating

NOTES:
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The auditee provides workers with clean Not In Already in


washing facilities, changing rooms started progress practice
and toilets that are respectful of local
customs L K J

Main auditee x

Sampled farm 1 x

Sampled farm 2 x

The auditee makes sure that workers are allowed to use changing rooms, and use washing
rooms and toilets in a way that is respectful towards them.

If the law indicates the minimum number of washing facilities and toilets that businesses
are obliged to provide, the auditee follows that law.

If no law exists, the assessment of how many facilities are needed to serve the size of the
workforce needs to be part of the OHS risk assessment and related action plan.

The auditee is able to explain during the audit the reasons for having the amount of
facilities that it has. It can also explain plans to adapt the number if needed.

If there is no applicable law, the number of washing facilities, changing rooms and toilets
shall meet the needs of the total number of workers; for women and men alike.

Particular attention shall be devoted to ensure that facilities meet workers needs even
when the number of workers increases (e.g. peak session).

The facilities must provide:


• A steady supply of soap
• Working locks
• Gender separation
• Changing rooms for workers who change their clothes to perform their functions
acting and integrating

(e.g. to handle hazardous substances or wear protective clothing)


PREVIOUS
PART III – PERFORMANCE AREA 7 Occupational Health and Safety PAGE 235

The auditee provides workers with Not In Already in


transportation (either directly or by started progress practice
using third parties) that is safe and that
complies with national regulations L K J

Main auditee x

Sampled farm 1 x

Sampled farm 2 x

The auditee has information on how workers get to the premises (e.g. using public
transportation, bicycles).

Agricultural vehicles: Special attention should be paid to agricultural vehicles used


for human transportation, which represent an additional risk for accidents or harming
workers.

The location of the social facilities or Not In Already in


workers housing ensure that users started progress practice
are not exposed to natural hazards or
affected by the operational impacts L K J
of the worksite (for example noise,
emissions or dust)

Main auditee x

Sampled farm 1 x

Sampled farm 2 x

National law usually defines the characteristics for where/how to locate these facilities.

If not, the auditee:


acting and integrating

• Bases its decision on the OHS risk assessment and related action plan
• Ensures that the location of social facilities and housing do not expose workers to:
¡¡ Natural hazards

¡¡ Adverse impacts on health, safety or their lives

Industrial buildings are not used for workers’ housing.

Cost of the accommodation: When workers are required to temporarily leave the
workplace for an undertaking, the auditee shall provide the workers adequate facilities and
accommodation at no cost (e.g. agricultural undertakings or animal production).
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PART III – PERFORMANCE AREA 7 Occupational Health and Safety PAGE 236

The auditee verifies that temperature, Not In Already in


humidity, space, sanitation, started progress practice
illumination are adequate for the health
and safety of workers L K J

Main auditee x

Sampled farm 1 x

Sampled farm 2 x

Respectful to workers’ health and safety: The auditee needs to make sure that workers
have a workplace, social facilities and housing that are fully respectful of their health and
safety.

If the law indicates the minimum characteristics for the workplace, social facilities and
housing, the auditee follows that law.

If not, the auditee includes the characteristics as part of its OHS risk assessment. The
auditee shall define in consultation with workers and their representatives the minimum
adequate conditions related to:
• Temperature
• Humidity
• Space
• Sanitation
• Illumination
Space and illumination: Space and illumination need to be provided in such a way that is
adequate for workers’ specific activities.

The auditee shall be able to provide to the auditor consistent information on:
• The existing conditions
• Improvement plans (if any)
acting and integrating

• Timeline and related cost(s) for improvements


If the auditee provides workers with housing:
• The rooms shall give workers enough space and not be overcrowded
• Workers shall have space to store personal items
• Laundry and waste disposal need to be properly organised
• Waste removal scheduling shall be displayed for workers in the housing

IMPORTANT – If the auditor identifies any imminent risk to workers’ health and/or
lives, he/she shall trigger an Alert in the BSCI system and stop the normal course of
the audit. The BSCI Audit automatically receives a status of Zero Tolerance. For more
information, see BSCI System Manual Part V – Annex 5: BSCI Zero Tolerance Protocol.
PREVIOUS
PART III – PERFORMANCE AREA 7 Occupational Health and Safety PAGE 237

Documents related to this Performance Area

Certificates and contracts:


• Valid inspection and insurance for machinery and vehicles
• Purchase invoices of the PPE bought by the auditee
• 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
• Evidence of a training calendar for workers and management
• Documentary evidence of workers’ qualifications for those who deal with
dangerous machines, electrical installation and any other activity that requires
specific training due to the high 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)
acting and integrating

• 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, 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
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PART III – PERFORMANCE AREA 8 No Child Labour PAGE 238

2.8. PERFORMANCE AREA 8: NO CHILD LABOUR

The auditee does not engage in illegal Not In Already in


child labour directly or indirectly started progress practice

L K J

Main auditee x

Sampled farm 1 x

Sampled farm 2 x

Children who are working who are younger than 15 years old (or younger than 14 years old
in countries that have set that age as the threshold), is regarded as child labour, unless it
is “light work” (defined below).

Child labour occurs when work:


• Is done by a person who is younger than 15 years old (or someone who is younger
than 14 years old in countries that have set that age as the threshold)
• Is mentally, physically, socially and/or morally dangerous
• Is harmful to children
• Interferes with their schooling because it:
¡¡ Deprives them of the opportunity to attend school

¡¡ Obliges them to leave school prematurely

¡¡ Requires them to attempt to combine school attendance with excessively


long and heavy work
• It is not “light work”
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
acting and integrating

• Earning pocket money outside school hours and/or during school holidays
Light work is acceptable as long as:
• The child is at least 13 years old (or at least 12 years old in countries that have set a
minimum age of 14)
• It does not prejudice their attendance at 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 task
provided to children is not harmful for their health or interferes 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 jeopardise peoples’ health, safety
and/or morals.
PREVIOUS
PART III – PERFORMANCE AREA 8 No Child Labour PAGE 239

The auditee must take the necessary measures to:


• Understand what child labour is and what it is not
• Identify if child labour is or is not likely to occur in its industry or region (e.g. some
industries such as agriculture, hunting, forestry, fishing, mining and quarrying have
higher risks of child labour than in others)
• Not engage child labour indirectly (e.g. using recruitment agencies, or allowing
migrant or seasonal workers to use their children to support them at work. Some
additional precautions may be needed, such as keeping records of:
¡¡ Migrant or seasonal workers’ children’s names, ages, schooling time
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)
If during the data collection, the auditee realises that some of the workers were engaged
before they reached the legal age to work, the auditee immediately reports this to the
auditor. Such proactive reporting shows that necessary actions were taken to prevent the
case from occurring again.

Stakeholder mapping: The auditee keeps contact details of the stakeholder(s) who could
help solve child labour cases.

BSCI offers Template 6: Stakeholder Mapping that may be used for this purpose.

acting and integrating

NOTES:
PREVIOUS
PART III – PERFORMANCE AREA 8 No Child Labour PAGE 240

The auditee establishes robust Not In Already in


age-verification mechanisms as part of started progress practice
the recruitment process, which may not
be in any way degrading or disrespectful L K J
to the worker

Main auditee x

Sampled farm 1 x

Sampled farm 2 x

The risk for hiring minors is higher for:


• Certain sectors (e.g. mining)
• Jobs that require low or no qualifications
• Work conducted in remote areas where:
¡¡ Labour inspectors are less likely to reach

¡¡ Individuals have limited access to official identity cards

A robust age-verification mechanism includes:


• Training of the person or people in charge of hiring workers and dealing with high-
risk situations
• Training of the person or people in charge of hiring workers to cross-verify interview
techniques to find out the actual age of workers being interviewed
• Regular cross-verification of workers’ age with other stakeholders (e.g. recruitment
agencies, previous employers)

acting and integrating

NOTES:
PREVIOUS
PART III – PERFORMANCE AREA 8 No Child Labour PAGE 241

The auditee has adequate policies Not In Already in


and procedures in writing, towards started progress practice
protecting children from any kind of
exploitation L K J

Main auditee x

Sampled farm 1 x

Sampled farm 2 x

These policies and procedures are meant to ensure no direct exploitation of children (by
the auditee) and no indirect exploitation (by business partners).

The procedure sets in writing:


• The necessary steps to ensure that children are protected from exploitation
• How to deal in the most responsible way with cases of child labour
The procedure needs to include:

An overview of:
• Specifically hazardous working conditions in the workplace
• Illegal activities in the region (drug trafficking, prostitution or others)
• Family poverty as a driving force behind child labour
• Child protection projects run in the area by government, NGOs or others
• Trade union(s) which could offer support in case of child labour
• Educational or vocational training facilities nearby or in the region (including contact
details and schedules)
• Education or social welfare authorities that can provide assistance in cases of child
labour
An assessment of the measures to:
acting and integrating

• Control the risk of child labour


• Reduce or eliminate child labour
PREVIOUS
PART III – PERFORMANCE AREA 8 No Child Labour PAGE 242

The auditee has adequate and remedial Not In Already in


policies and procedures to provide for started progress practice
further protection in case children are
found to be working L K J

Main auditee x

Sampled farm 1 x

Sampled farm 2 x

The remediation procedure must include considerations for removal and rehabilitation of
the children:
• Possible alternatives for a responsible removal and rehabilitation of the child into
society (e.g. non-formal or basic education to help bring older children so they can
successfully re-enter regular schools).
• Relevant stakeholders who could provide support in case of dismissals of children
found working (e.g. local offices of international organisations like Save the Children,
UNICEF and government agencies dealing with child protection). The auditee must
always have its contact lists up to date.
• Allocated budget to provide financial compensation to children found working so
they can go to school
In some cases the best approach for remediation may be to:
• Work out a time schedule for solving the case
• Progressively remove children from work
These two approaches might be more appropriate than drastically and immediately
removing the child without any supervision. Too quick a removal might mean that she/he
turns to less visible and more exploitative, hazardous, illegal types of work.

Having a policy to only engage adults is not acceptable as a child labour remediation
procedure.

IMPORTANT – If the auditor identifies child labour, he/she shall trigger an Alert in the
acting and integrating

BSCI system and stop the normal course of the audit. The BSCI Audit automatically
receives a status of Zero Tolerance.
For more information, see BSCI System Manual Part V – Annex 5: BSCI Zero Tolerance
Protocol.

Documents Related to this Performance Area

• Personnel data files for all workers (including seasonal workers)


• Age-verification procedure
• Training of Human resources responsible
• Procedure to avoid children exploitation
• Child labour remediation procedure
• Worker contracts or agreements, including with recruitment agency
PREVIOUS
PART III – PERFORMANCE AREA 9 Special Protection for Young Workers PAGE 243

2.9. PERFORMANCE AREA 9: SPECIAL PROTECTION FOR YOUNG WORKERS

The auditee ensures that young people Not In Already in


do not work at night and are protected started progress practice
against conditions of work which are
prejudicial to their health, safety, morals L K J
and development.

Main auditee x

Sampled farm 1 x

Sampled farm 2 x

Risk assessment: The auditee has a good understanding of the activities that are
potentially harmful for young workers. A risk assessment is necessary even if the auditee
does not engage any young worker.

The risk assessment must describe the processes and areas of work where young workers
cannot be involved.

Night work: The period of time that qualifies as night work is usually defined by national law.
If that is the case, the auditee uses the legal definition as a reference to avoid engaging
young workers at night.

Without a national law definition, the auditee follows the BSCI definition. BSCI defines night
work as all work which is performed during a minimum period of 7 consecutive hours,
including the period from midnight to 5 am, as defined by the ILO.

acting and integrating

NOTES:
PREVIOUS
PART III – PERFORMANCE AREA 9 Special Protection for Young Workers PAGE 244

Young workers’ working hours do not Not In Already in


prejudice: started progress practice
• Their attendance at school L K J
• Their participation in vocational
orientation approved by the
competent authority
• Their capacity to benefit
from training or instruction
programmes

Main auditee x

Sampled farm 1 x

Sampled farm 2 x

The auditee ensures that daily working time combined with school time and transport time
is limited to 10 hours a day when workers attend:
• Local compulsory education
• Any other education or training programme approved by the relevant/competent
authority
The auditee ensures that its own company trainings are scheduled so young workers can
still attend school or their education/training programme.

The auditee establishes the necessary Not In Already in


mechanisms to prevent, identify and started progress practice
mitigate harm to young workers
L K J

Main auditee x

Sampled farm 1 x
acting and integrating

Sampled farm 2 x

The OHS risk assessment and related action plan include specific attention to young
workers.

Workers and their representatives are consulted to define preventive and mitigation
measures.

The mitigation measures are properly recorded.


PREVIOUS
PART III – PERFORMANCE AREA 9 Special Protection for Young Workers PAGE 245

The auditee seeks to ensure that young Not In Already in


workers have access to effective started progress practice
grievance mechanisms
L K J

Main auditee x

Sampled farm 1 x

Sampled farm 2 x

Young workers receive special training on how to lodge a grievance.

Young workers are properly informed on the support they receive to lodge a grievance.

Young workers are trained regardless of the type of employment: seasonal, subcontracted
or directly engaged.

The auditee keeps records of trainings provided to young workers, concerning the
existence and use of the grievance mechanism.

Training documentation: The auditee makes available the documents related to these
trainings, which include:
• Dates, schedules (which should not conflict with schooling or vocational training
programmes)
• Content
• Trainer name and qualification
• Attendance list with signatures

acting and integrating

NOTES:
PREVIOUS
PART III – PERFORMANCE AREA 9 Special Protection for Young Workers PAGE 246

The auditee seeks to ensure that Not In Already in


young workers are properly trained started progress practice
on Occupational Health and Safety
and have access to related training L K J
programmes

Main auditee x

Sampled farm 1 x

Sampled farm 2 x

Young workers receive occupational health and safety training on the specific risks they
face as young workers in relation to their specific tasks.

Training documentation: The auditee makes available the documents related to these
trainings, which include:
• Dates, schedules (which should not conflict with schooling or vocational training
programmes)
• Content
• Trainer name and qualification
• Attendance list with signatures

acting and integrating

NOTES:
PREVIOUS
PART III – PERFORMANCE AREA 9 Special Protection for Young Workers PAGE 247

The auditee has a good overview of all Not In Already in


young workers engaged in its production started progress practice
site
L K J

Main auditee x

Sampled farm 1 x

Sampled farm 2 x

The auditee understands that young workers are more vulnerable than most workers.

The auditee devotes extra efforts towards monitoring young workers’ working conditions.

The auditee has a good overview of young workers’ work cycles.

Work cycle refers to:


• The recruitment process
• Remuneration
• Hours of work
• Disciplinary measures
• Promotion
• Trainings
• Termination of employment
Record keeping: The auditee collects and keeps specific records on young workers.

BSCI provides Template 7: Young Workers Data. Template 7 includes the minimum
information needed to compile these records. It is especially useful if the auditee does not
have its own format to draw on.

Handling personal data: Personal data records should only be destroyed in accordance
with the national regulations for handling confidential information. See also the Ethical
acting and integrating

Behaviour Performance Area below.

Documents Related to this Performance Area

• Documentation of all trainings given to young workers


• 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
PREVIOUS
PART III – PERFORMANCE AREA 10 No Precarious Employment PAGE 248

2.10. PERFORMANCE AREA 10: NO PRECARIOUS EMPLOYMENT

The auditee’s employment relationships Not In Already in


do not cause insecurity for the workers started progress practice

L K J

Main auditee x

Sampled farm 1 x

Sampled farm 2 x

Cause of insecurity: Situations that cause insecurity to the worker can affect both
permanent and temporary workers. They include:
• Lack of social security
• Use of seasonal contracts for permanent positions
• Hiring and dismissal practices to avoid consolidation of workers’ rights
Temporary workers: The definition of permanent and temporary jobs (seasonal being
one type of job) is usually given by law. If there is no legal definition, the auditee defines
temporary jobs as jobs with pre-determined end dates or as jobs which end as soon as a
project is completed.

Probationary period: National legislation often permits that the first few months of a new
employment relationship can be set as a probationary period. This period allows both the
employer and the employee to try out the employment relationship.

The terms of a probationary period normally define notice periods to terminate the
employment relationship. Other contractual obligations such as the payment of wages and
social security contributions remain unaffected.

Good practices: When the auditee takes into consideration the role that workers may have
as parents or caregivers, and also adapts their working conditions accordingly, the auditor
acting and integrating

shall acknowledges this as good practice.

The auditee shall be proactive in reporting any other contractual practice which is not a
legal requirement but a practice which the auditee implements on a voluntary basis to
improve working conditions.

The auditee works against precariousness by ensuring:


• Fair recruitment processes, remuneration, hours of work, disciplinary measures,
promotions, trainings and termination
• Temporary job arrangements which do not cover workloads and which lack
determined end dates
• Valid probationary periods and employment conditions
PREVIOUS
PART III – PERFORMANCE AREA 10 No Precarious Employment PAGE 249

The auditee engages workers based Not In Already in


on recognised and documented started progress practice
employment relationships
L K J

Main auditee x

Sampled farm 1 x

Sampled farm 2 x

The work relation between the auditee and its workers is:
• Recognised: The work relation has been established in compliance with national
legislation, custom or practice and international labour standards, whichever
provides greater protection to workers
• Documented: The work relation is supported by means of any documentary proof
that makes workers aware of their rights and obligations (e.g. work contracts and
posters which indicate working rules). Particular attention shall be given when
workers may have difficulties to read and write. In these cases, the auditee must
make additional efforts to ensure that workers understand their working conditions.
Recruitment agencies: The auditee shall carefully look at workers’ terms of employment
when it engages workers by using recruitment agencies. Recruitment agencies must meet
the characteristics defined by law to be considered as “recognised agencies”. Otherwise,
they represent too high of a risk.

The auditee takes the necessary measures to:


• Have a good overview on how the recruitment agency engages workers
• Ensure to regularly receive employment documents from the agency
• Understand how, when and how much the agency remunerates the workers
acting and integrating

NOTES:
PREVIOUS
PART III – PERFORMANCE AREA 10 No Precarious Employment PAGE 250

The auditee provides workers with Not In Already in


understandable information before started progress practice
entering into employment
L K J

Main auditee x

Sampled farm 1 x

Sampled farm 2 x

Information provided to workers must be:


• Understandable: This may require translation to the language of workers, or
audio and/or visual guidance for disabled workers as well as for workers who have
difficulties in reading and writing
• Timely: It needs to be provided before initiating the employment relationship
• Relevant: It concerns workers’ rights, obligations, responsibilities and employment
conditions. It includes information on:
¡¡ Working hours

¡¡ Trainings and other benefits

¡¡ Remuneration and terms of payment

¡¡ Access to the grievance mechanism

The same understandable information must be given to the workers hired through
“recruitment agencies”.

acting and integrating

NOTES:
PREVIOUS
PART III – PERFORMANCE AREA 10 No Precarious Employment PAGE 251

The auditee does not use employment Not In Already in


arrangements in a way that deliberately started progress practice
conflicts with the genuine purpose of the
law L K J

Main auditee x

Sampled farm 1 x

Sampled farm 2 x

If misused, some legal employment arrangements can jeopardise workers. The auditee
shall avoid misusing:
• Apprenticeship schemes where there is no intention to develop skills or provide
regular employment
• Seasonal or contingency work when used to undermine workers’ protection
In some cases, it is more difficult to determine if the employment arrangement is being
misused or not:
• Labour-only contracting: This practice may cover bonded labour
• Subcontracting: This practice may cover the employer’s intention to avoid
reaching the minimum number of workers that allows for the presence of workers
representatives or the right to unionise.
Subcontracting should be done for efficiency or quality reasons, not to undermine
workers’ rights. The auditee is able to explain the business logic behind its
subcontracting practices and demonstrate that workers’ rights are guaranteed.

Documents Related to this Performance Area

• Employment contracts and/or posters where workers’ rights and obligations are
acting and integrating

displayed
• Recruitment and dismissal procedures and records
• Overview of subcontractors
• Overview of apprenticeships granted in the company
• Overview of seasonal workers
PREVIOUS
PART III – PERFORMANCE AREA 11 No Bonded Labour PAGE 252

2.11. PERFORMANCE AREA 11: NO BONDED LABOUR

The auditee does not engage in any Not In Already in


form of servitude, forced, bonded, started progress practice
indentured, trafficked or non-voluntary
labour L K J

Main auditee x

Sampled farm 1 x

Sampled farm 2 x

Workers must be engaged:


• Based on their free will
• Without facing any potential or actual risk of being subject to forced labour
Workers can:
• Terminate their employment freely, provided that reasonable notice is given to the
employer
• Leave the premises after working hours, without being stopped or held by security
guards (armed or unarmed)
• Leave the production site and housing in their free time, without having to ask for
permission
• Choose accommodation outside of the housing offered by the employer, if they have
that possibility
The auditee shall make sure that:
• Work permits are valid without any indication that workers have been victims of
human trafficking
• Workers receive their visa, housing, training and education without providing any
form of servitude
acting and integrating

• Workers are not requested to leave personal documents in deposit


• Workers are not illegally held against their will over their wages or benefits
PREVIOUS
PART III – PERFORMANCE AREA 11 No Bonded Labour PAGE 253

Prison labour: It refers to a form of occupation for convicts.


Prison Labour is not a human right violation if it fulfils certain conditions:
• Prisoners offer their labour voluntarily, without being pressured or threatened with
punishment
• Prisoners perform their work under conditions close to a free labour relationship to
the extent that prisoners’ conditions allow (e.g. wage level, social security, OHS)

IMPORTANT – Prison Labour in China. BSCI recommends that BSCI Participants do not
engage with business partners that use prison labour in China because:

• Prisoners’ rights are not covered under Chinese labour law. Instead, they are
covered under the prison’s rules and criminal law.
• Prisoners’ labour rights, including overtime rates, are not properly protected
• Prisoners’ remuneration is decided by the prison’s management
• Prison rules do not allow BSCI Audits
Sumangali: The term refers to a hiring practice in South India. Sumangali happens when
companies recruit young unmarried women from rural villages to work for several years.

The main characteristics of Sumangali include that the employer:


• Recruits young unmarried women from rural villages, most commonly by using
brokers
• Promises a lump-sum payment at the end of the contract period, which is retained
from the worker’s regular wage
• Controls the movement of the young women outside of their working hours to
ensure that they sleep in hostels provided by the employer
Sumangali represents an additional risk of bonded labour because these young women:
• Are taken away from their regions with only limited chance to return freely
• Usually belong to the lowest caste in India, having little access to education
• See their wages reduced below the minimum wage
• Lack guarantees to receive the lump-sum (e.g. in pro-rata)
acting and integrating

• Face additional risks of harassment as they usually remain in confined housing

IMPORTANT – The auditee must pay particular attention to potential abuses of these
workers’ vulnerability:
• The workers are covered by the special protection for young workers
• The workers must receive the remuneration which was both agreed and
communicated without illegal deductions
• The workers have working hours set in line with their apprenticeship situation
• The terms of apprenticeship arrangements are respected
PREVIOUS
PART III – PERFORMANCE AREA 11 No Bonded Labour PAGE 254

The auditee acts rigorously and diligently Not In Already in


when engaging and recruiting migrant started progress practice
workers both directly and indirectly
L K J

Main auditee x

Sampled farm 1 x

Sampled farm 2 x

The auditee takes the necessary measures to engage migrant workers in a way that does
not represent a risk of bonded labour. This is particularly important when engagement is
done indirectly (e.g. via recruitment agencies).

The auditee remains vigilant to avoid this situation when:


• Both the country of origin and host country do not provide reliable protection to
migrant workers
• Workers have to pay a high recruitment fee to an agency to obtain a work visa and
the agency hides from them deductions and remuneration for the work
• Workers have restricted their movement because the visa or travel documents are
controlled by the agency or the auditee
• Workers do not understand the host country language, which puts them in a more
vulnerable position

IMPORTANT – In agriculture, cultivation organised by a community because of law


or custom is not regarded as compulsory cultivation. This is in line with the ILO
Convention 29 (art. 19.2).

acting and integrating

NOTES:
PREVIOUS
PART III – PERFORMANCE AREA 11 No Bonded Labour PAGE 255

The auditee does not subject workers Not In Already in


to inhumane or degrading treatment, started progress practice
corporal punishment, mental or physical
coercion and/or verbal abuse. L K J

Main auditee x

Sampled farm 1 x

Sampled farm 2 x

The auditee ensures that workers receive no degrading treatment by:


• Creating and maintaining a culture of respect through the entire business
• Being proactive to reward respectful treatment, starting with managers and
supervisors
The auditee ensures that disciplinary measures do not consist of:
• Corporal punishment
• Coercion such as:
¡¡ Debt bondage

¡¡ Restriction of movement

¡¡ Violence

¡¡ Threats and intimidation

Housing: When the auditee provides housing to workers, it must ensure living conditions
are respectful to workers’ dignity.

These facilities provide as a minimum a:


• Separate bed for each worker
• Separate locker for storing personal belongings
• Separate accommodation for women and men
acting and integrating

IMPORTANT – Special attention is to be given to the most vulnerable workers such as


migrants, seasonal workers, young workers and pregnant women.
PREVIOUS
PART III – PERFORMANCE AREA 11 No Bonded Labour PAGE 256

The auditee establishes all applicable Not In Already in


disciplinary procedures in writing and started progress practice
explains them verbally to workers in clear
and understandable terms L K J

Main auditee x

Sampled farm 1 x

Sampled farm 2 x

The auditee ensures that the disciplinary procedures are:


• Coherent and in line with the law
• In writing and easily accessible to the workers and workers representatives
• Descriptive concerning the censurable behaviour and possible disciplinary actions
• Descriptive regarding the person in charge and communication channel (including
appeal)
• Free from unfair deductions or imposition of financial fees, which may actually be
illegal deductions

IMPORTANT – If the auditor identifies bonded labour, he/she shall trigger an Alert in
the BSCI system and stop the normal course of the audit. The BSCI Audit receives
a status of Zero Tolerance. For more information, see BSCI System Manual Part V –
Annex 5: BSCI Zero Tolerance Protocol.

Documents Related to this Performance Area

• Documentary evidence of training given to workers, management and human


resources (e.g. list of attendees with signatures)
acting and integrating

• Documentary evidence on disciplinary procedures


• Employment contracts including those related to security personnel, cleaning
and other services
• Documentary evidence on disciplinary cases and the measures taken
PREVIOUS
PART III – PERFORMANCE AREA 12 Protection of the Environment PAGE 257

2.12. PERFORMANCE AREA 12: PROTECTION OF THE ENVIRONMENT

IMPORTANT – If the main auditee holds a valid GlobalGAP Certificate, the auditor shall
not monitor this Performance Area.

The auditee continuously identifies the Not In Already in


significant impacts and environmental started progress practice
implications associated to its activity
L K J

Main auditee x

Sampled farm 1 x

Sampled farm 2 x

The auditee has a good understanding of the environmental impacts of its business
activities.

The self-assessment for environmental impacts includes:


• All processes taking place in the business’ boundaries
• New production processes or newly installed equipment, which are immediately
integrated into the assessment
• Clear understanding on how business activity impacts the environment
• Pre-defined time periods for conducting such assessments
• Competent staff responsible for collecting the data and doing the assessment

acting and integrating

NOTES:
PREVIOUS
PART III – PERFORMANCE AREA 12 Protection of the Environment PAGE 258

The auditee has procedures in place to Not In Already in


ensure integration of local environmental started progress practice
law into the business performance
L K J

Main auditee x

Sampled farm 1 x

Sampled farm 2 x

Environmental legal compliance and protection require business enterprises to:


• Integrate policies and procedures into core business strategy
• Make these policies and procedures a visible part of the business culture
The auditee develops effective ways to ensure:
• Ongoing identification of environmental legislation
• Definition of the environmental requirements that apply to its own daily activities
• Identification of sources of information on environmental legislation such as:
¡¡ Specialised sites online

¡¡ Publications issued by industry experts

¡¡ Tailor-made services provided by specialised companies

The auditee has and maintains required Not In Already in


environmental permits and licences started progress practice

L K J

Main auditee x

Sampled farm 1 x
acting and integrating

Sampled farm 2 x

The auditee is aware of the necessary environmental permits and licences required by law
for specific business activities.

Environmental permits and licences are relevant and up to date. If any is unavailable, the
auditee has at least already requested it from the competent authority.
PREVIOUS
PART III – PERFORMANCE AREA 12 Protection of the Environment PAGE 259

The auditee manages waste in a way Not In Already in


that does not lead to the pollution of the started progress practice
environment
L K J

Main auditee x

Sampled farm 1 x

Sampled farm 2 x

There are local areas where waste separation and disposal are not managed by public
authorities. This may lead to dumping waste material into the environment.

Regardless of national regulations or not, the auditee has procedures in place to:
• Identify and separate the type of waste generated (hazardous versus
non-hazardous). This includes packaging material
• Define any specific handling requirements (e.g. disposal via an authorised agent or
to a specialised site)
• Create awareness among workers about the waste generated 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 predictable
environmental risks including potential harm to humans

acting and integrating

NOTES:
PREVIOUS
PART III – PERFORMANCE AREA 12 Protection of the Environment PAGE 260

The auditee manages water in a way Not In Already in


that respects the environment, including started progress practice
preserving local water sources
L K J

Main auditee x

Sampled farm 1 x

Sampled farm 2 x

The auditee has mechanisms in place to promote water conservation and water waste
reduction. This refers to water for industrial use and personal consumption.

Possible mechanisms include:


• Licensed water use (when requested by the applicable law)
• 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
Both management and workers shall be aware of the existence of water sources and the
relation that the facility has to their use, supervision and preservation.

Documents Related to this Performance Area

• Environmental risk assessment


• Map identification of water springs, rivers, lakes in the area of auditee activities
• Calculation of the necessary financial and personnel resources to comply with
the minimum social and environmental requirements
acting and integrating

• Valid certificates and environmental licenses


PREVIOUS
PART III – PERFORMANCE AREA 13 Ethical Behaviour PAGE 261

2.13. PERFORMANCE AREA 13: ETHICAL BEHAVIOUR

The auditee actively opposes any act of Not In Already in


corruption, extortion or embezzlement, started progress practice
or any form of bribery in its activities as
a business enterprise L K J

Main auditee x

Sampled farm 1 x

Sampled farm 2 x

The auditee:
• Has a policy (e.g. BSCI Code) in place that publicly condemns corruption, extortion
and bribery as unacceptable unethical behaviours
• Has procedures against any act of corruption
• Identifies where the major risks of corruption could occur
• Investigates and discourages any misbehaviour among the workers, particularly
those with decision-making power
• Rewards ethical behaviour and integrity among its workers and managers
• Includes ethics and integrity as part of the training offered to workers and
managers
• Pays particular attention to the relations between auditor and auditee; supervisors;
recruitment agencies and subcontractors

The auditee keeps accurate information Not In Already in


regarding its own activities, structure started progress practice
and performance
L K J

Main auditee x
acting and integrating

Sampled farm 1 x

Sampled farm 2 x

Disclosed information: The auditee discloses information about its activities, according to
applicable regulations and industry benchmark practices.
PREVIOUS
PART III – PERFORMANCE AREA 13 Ethical Behaviour PAGE 262

The auditee ensures information about its business is:


• Accurate: The information presented by the auditee to the BSCI Participant and/or
the auditor is exact
• Structured: The information on different facilities and the way that the auditee
organises its production sites is clear, organised and available
Activity and performance: Auditee claims about its activity are correct (e.g. production
volumes, number of workers, working hours, if workers were hired directly or indirectly)

Reports from previous audits (BSCI Audits or others) or government inspections are
available including follow-ups on any findings, which were previously reported.

The auditee takes the necessary Not In Already in


measures to prevent: started progress practice
• Falsification of information related L K J
to its activities, structure and
performance
• Any act of misrepresentation of
its supply chain

Main auditee x

Sampled farm 1 x

Sampled farm 2 x

Ethical behaviour in business starts with the way in which enterprises run their operations.

Falsification, fraud and misrepresentation: Falsification, fraud and misrepresentation are


purposeful actions intended to cause harm or loss to another party, for one’s own direct or
indirect gain.

Fraud and misrepresentation in the supply chain impacts supply chain integrity and can
result in substandard or defective products.
acting and integrating

The auditee has a serious commitment to avoid any of these actions. It must then ensure
that if any staff member behaves unethically, proper investigation and disciplinary action
will follow.
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PART III – PERFORMANCE AREA 13 Ethical Behaviour PAGE 263

The auditee collects, uses and processes Not In Already in


personal information with reasonable started progress practice
care and in accordance with privacy
and information security laws and L K J
regulatory requirements

Main auditee x

Sampled farm 1 x

Sampled farm 2 x

The auditee collects and processes personal data of individuals with the utmost respect
for the individuals’ fundamental rights (particularly the right to privacy).

The level of care applies to directly hired workers, business partners, customers and
consumers in the auditee’s sphere of influence.

Special attention is paid to the way data are collected to ensure that the worker is
protected (e.g. medical records).

IMPORTANT – If the auditor identifies any flagrant misrepresentation; bribery; or any


other proven unethical behaviour, he/she shall trigger an Alert in the BSCI system
and stop the normal course of the audit. The BSCI Audit receives a status of Zero
Tolerance. For more information, see BSCI System Manual Part V – Annex 5: BSCI Zero
Tolerance Protocol.

Documents Related to this Performance Area

• Anti-corruption policy
• Corruption risk assessment
acting and integrating

• Procedure for investigation and discouragement of unethical behaviour


• Communications and trainings to promote and reward integrity
PREVIOUS
PART III – HOW FARMS ARE INVOLVED IN THE MONITORING PROCESS ( IF APPLICABLE) PAGE 264

3. HOW FARMS ARE INVOLVED IN THE MONITORING


PROCESS (IF APPLICABLE)

The main auditee is responsible for:


• Classifying its farms based on their social performance and potential risks
(see BSCI System Manual Part IV - Template 2: Supply Chain Mapping)
• Evaluating the social performance of these farms
• Supporting the farms in their continuous improvement of working conditions (e.g.
remediation plan)
Social Management System: To that aim, the main auditee must first set up a Social
Management System (see BSCI System Manual Part V - Annex 4: How to set up a Social
Management System).

As part of this, the main auditee selects a qualified person to conduct internal audits and
to maintain close follow-up on the improvements in working conditions that these farms
may need.

Internal audits: The auditee is requested to internally audit farms from which it sources
fresh fruits and vegetables or flowers. Out of these farms, the auditor selects a sample and
evaluates their social performance.

Farms: Sampled farms are included in the scope of the BSCI Audit when requested by the
BSCI Participant. BSCI Participants shall include sampled farms in the scope of the audit if
the auditee produces fresh fruits and vegetables or flowers.

The internal auditor shall conduct an assessment of the farms providing fresh fruit and
vegetables or flowers to the main auditee. He or she will use the BSCI System Manual Part
III for that.

Smallholders: In addition, BSCI provides the Template 3: Smallholders Self-Assessment,


which is used when the main auditee sources from smallholder(s). A smallholder is a farm
acting and integrating

using family workforce or less than 5 hired workers.


PREVIOUS
PART III – UNDERSTANDING THE INTERVIEWS CONDUCTED BY THE BSCI AUDITOR PAGE 265

4. UNDERSTANDING THE INTERVIEWS CONDUCTED


BY THE BSCI AUDITOR

Open and constructive: The BSCI auditor must conduct interviews with management in
open and constructive dialogue.

The auditor uses interviews to get information on the company’s social performance.
Interview results can be used and compared with other sources of information.

During the interviews, management shall be ready to provide clear explanations about:
• Company’s organisational chart, division of responsibilities and communication
channels
• Overview on the latest investments to improve occupational health, safety and
productivity
• Overview on the different business partners and how the company selects them
and monitors their social performance
• Operational details with regard to:
¡¡ Drafting and implementing policies and procedures

¡¡ Hiring practices, grievance management and workers’ training

acting and integrating

NOTES:
PREVIOUS
PART III – UNDERSTANDING THE BSCI AUDIT REPORT PAGE 266

5. UNDERSTANDING THE BSCI AUDIT REPORT

An opportunity to learn: The Audit Report is the written summary of all information
collected during the audit.

It contains data evidence as well as the evaluation of all Performance Areas.

The auditee shall see the audit as an opportunity to learn. The information gathered in the
Audit Report will provide it with crucial information to design its path towards sustainable
improvements.

Closing meeting and Findings Report: The closing meeting represents the end of the BSCI
Audit.

The auditor must use this opportunity to:


• Describe to the auditee the good practices and areas of improvements identified
during the audit
• Clarify to the auditee any potential doubt or concern about the BSCI Audit and next
steps
The auditee must use this opportunity to:
• Ask as many questions as needed to have more clarity on the meaning of the audit
and next steps
• Engage with the workers representative and management. They shall be present in
the closing meeting so they can already start the planning for next steps
Once clarifications have been made, the printout of the Findings Report is to be signed by:
• The auditor
• The auditee’s legal representative
• The workers representative (when applicable)
Signature of the Findings Report: The auditee signature does not imply that it is in
acting and integrating

agreement with the content. It acknowledges that the audit has been conducted in a
proper manner. The auditee may request the auditor to integrate its remarks, made in the
closing meeting, into the Findings Report.

The auditee and the auditor each keep one copy.


PREVIOUS
PART III – UNDERSTANDING THE BSCI AUDIT REPORT PAGE 267

Audit Report: All information gathered in the BSCI Audit is reported in the BSCI Audit Report.

This includes:
• Data Evidence
• Interview Evidence
• Documentary Evidence
• Performance Evaluation of the main auditee
• Performance Evaluation of the sampled farms (if relevant)
• Findings Report
Online report: The Audit Report is fully available to the auditee in the BSCI Platform 10 days
after the audit has been conducted. To access this information, the auditee needs to log-in
by using its password. In case of a forgotten password, the auditee contacts the BSCI
Administrator from the BSCI Platform login webpage: www.bsciplatform.org/home

PDF report: Alternatively, the auditee may require its client (or the auditor) to provide a
summary report in PDF format.

IMPORTANT – The rating of the audit indicates the improvements that the auditee
needs to make in each different Performance Area. It does not guarantee the auditee
social performance.

acting and integrating

NOTES:
PREVIOUS
PART III – HOW TO DRAFT THE REMEDIATION PLAN PAGE 268

6. HOW TO DRAFT THE REMEDIATION PLAN

The Findings Report allows the auditee to develop the related Remediation Plan.

The auditee is expected to be proactive and creative when making corrections and
improvements to follow the BSCI system requirements.

Steps for drafting the Remediation Plan:


• Identify the origin of the problem that is causing the breach of workers’rights
• Suggest feasible solutions (distinguish between short-term and long-lasting
solutions)
• Identify a person responsible for the BSCI implementation process and allocate a
realistic budget
• Establish a strategy to monitor improvements
• Define and respect the implementation steps
BSCI provides Template 9: Remediation Plan to support the auditee in drafting the
Remediation Plan.

The Remediation Plan provides the auditee with greater maturity to afford the necessary
changes. The auditee should always envisage the development of its own root cause
analysis and remediation plan even if it fails to submit it on time.

Submission of the Remediation Plan: The auditee is granted 60 working days to draft and
submit the final Remediation Plan into the BSCI Platform.

If the auditee has difficulties to submit the document when using the BSCI Platform, it can
always share it with the auditor prior to the follow-up audit.

Missing the deadline: No submission of the Remediation Plan does not prevent or delay
the follow up of the improvement process. The BSCI follow-up audit will be scheduled within
the timeframe defined in the Findings Report and the auditor will use the Findings Report
acting and integrating

as a reference point to verify the improvements.


PREVIOUS
PAGE 269

PART IV

Templates

PART IV: Templates


PREVIOUS
PART IV – TEMPLATE 1 Business Partner Information PAGE 270

TEMPLATE 1: BUSINESS PARTNER INFORMATION

This template supports the auditee to collect information about the auditee’s own business
partners. The auditee collects this information on every company that it does business
with. The auditor shall review this information.

COMPANY CONTACT DETAILS

Company name:

Legal status:

Founding date:

Adress: Street number


   

ZIP code

City

Province

Country

GPS coordinates
acting and integrating

Company website (if applicable):


Does it have production units? Yes No


Local currency:

Exchange rate to Euros:


Exchange rate date: Day Month Year



PREVIOUS
PART IV – TEMPLATE 1 Business Partner Information PAGE 271

CONTACT PERSON DATA

Contact person: Job title


   

First name

Last name

Email

Phone
(including country code & area code)

Primary language:
Official language for written communication

Secondary language:
Other relevant language for communication
(if applicable)

PRODUCTION DATA

Production volume

Production cost calculation Yes No



Lost time injury calculation cost Yes No
(part of the accident records)
acting and integrating

PRODUCTION CALENDAR

In the table below, indicate the level of production activity for each month
(low, medium, high).

January
February

March
April
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PART IV – TEMPLATE 1 Business Partner Information PAGE 272

May
June
July
August
September
October
November
December

CERTIFICATION OVERVIEW Social and Environmental Certificates

Name of the scheme:


Certificate or audit validity Day Month Year


date:

Link to online version:

Name of the scheme:


Certificate or audit validity Day Month Year


date:

Link to online version:

acting and integrating

Name of the scheme:


Certificate or audit validity Day Month Year


date:

Link to online version:

Name of the scheme:


Certificate or audit validity Day Month Year


date:

Link to online version:

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PART IV – TEMPLATE 1 Business Partner Information PAGE 273

Name of the scheme:


Certificate or audit validity Day Month Year


date:

Link to online version:

Name of the scheme:


Certificate or audit validity Day Month Year


date:  
Link to online version:

WORKING ENVIRONMENT

Workers organisation or Trade union:


Workers organisation contact person, or workers representative:



Title (Mr./Mrs./Ms.)

First Name

Last Name

Position
acting and integrating

Year of Election

Relevant trade union (if any):


Valid collective bargaining agreement (if any):


Legal regular working hours: Hours / Week


   

Legal regulation for overtime (if any):



PREVIOUS
PART IV – TEMPLATE 1 Business Partner Information PAGE 274

Specific overtime premium rate for standard day


off (if any):

Legal regulation of shifts (if any):


Standard day off in the country: Monday Friday


Select relevant days

Tuesday Saturday
Wednesday Sunday
Thursday

REMUNERATION PRACTICE IN THE COMPANY

Legal minimum wage which applies: per hour


Select the relevant unit  
  per day
(in local

currency)
per week

per month

Calculated living wage: per hour


Select the relevant unit  
(See also BSCI Template 5: Fair per day
(in local
Remuneration Quick scan)  
  currency)
per week

per month

Specific industry-based remuneration (if any):


acting and integrating

Description of legally granted social benefits:


Total minimum remuneration for a full-time


worker (wages + social benefits):

PREVIOUS
PART IV – TEMPLATE 1 Business Partner Information PAGE 275

Lowest wage for regular working time per hour


in the company:  
  per day
(in local

currency)
per week

per month

How long does it take the auditee to pay its


workers after the working period is completed
(e.g. daily, monthly, piece-rate)?

SITUATIONAL DESCRIPTIONS

Description of any specific situation that led to


overtime in the past six months (if no situation,
answer NONE):

Description of any accident that occurred in the


past six months (if no accident, answer NONE):

Description of a strike, walkout, and/or protest


during the past 12 months (If not, answer
NONE):

Description of a highly risky production


acting and integrating

technique that could harm workers’ health (e.g.


sandblasting) or a less harmful replacement
technique, if any (If not, answer NONE):

Description of any voluntary procedure meant to


decrease the company’s adverse impact on the
environment (If not, answer NONE):

PREVIOUS
PART IV – TEMPLATE 2 Supply chain mapping PAGE 276

TEMPLATE 2: SUPPLY CHAIN MAPPING

This template supports the auditee to collect information about the auditee’s own business
partners. The auditee collects this information on every company that it does business
with. The auditor shall review this information .

Business Partner Name:


Identification code assigned by the auditee


(if any):

Contact Person: First Name


   

Last Name

Email

Full Adress: Street


   

ZIP Code

City

Region

acting and integrating

Province

Country

Type of Business Partner (e.g. subcontractor, farm):


Business relation since: Year


   

Number of workers:
PREVIOUS
PART IV – TEMPLATE 2 Supply chain mapping PAGE 277

Distance to Auditee’s head office (Km): Kilometres

Significance of this Low Medium High


business partner for the
auditee?

For farms only - size in hectares: Hectares

Is it part of the internal social management Yes No


system?

Is it internally audited? Yes No


Does it have a social certificate? Yes No


Validity of social certificate Day Month Year


(if any):

Has it signed the BSCI Code and relevant Terms


of Implementation? Yes No
Mandatory for farms

Additional comments about the


business partner (if any):

acting and integrating
PREVIOUS
PART IV – TEMPLATE 3 Smallholders Self-assessment PAGE 278

TEMPLATE 3: SMALLHOLDERS SELF-ASSESSMENT

This template helps the auditee to collect information about business partners when they
are farms which hire less than 5 workers.

For farms with more than 5 hired workers, the auditee should use Part III and BSCI Template
1: Business Partner Information.

For family farms with no hired workers, only Performance Area or questions marked with
« * » apply.

This template can be used by the main auditee for two purposes:
• To evaluate the social performance of smallholders from which it sources fresh
produce
• To conduct internal assessments of those smallholders who may be selected as
part of the BSCI Audit farm sample
The main auditee uses one profile per smallholder.

Name of the Farm:

Legal status:

Name of Internal Assessor:


(if applicable)
Job title of Internal Assessor:

Product(s):
acting and integrating

Total number of workers /


family members
PREVIOUS
PART IV – TEMPLATE 3 Smallholders Self-assessment PAGE 279

Not In Already in
Checklist questions per Performance Area
started progress practice
Performance area 1: Social Management System and Cascade Effect
This performance area does not apply to
smallholders.
Performance area 2: Workers Involvement and Protection
The auditee involves workers and exchanges
information with them on working conditions issues.
The auditee takes specific steps to make workers
aware of their rights and responsibilities.
Performance area 3: The rights of Freedom of Association and Collective Bargaining
The auditee respects the right of workers to form
unions in a free and democratic way.
* Performance area 4: No Discrimination
The auditee takes the necessary measures to
avoid or eradicate discrimination at the farm.
The auditee takes the necessary preventative and/or
remedial measures so workers and family members
are not harassed or disciplined on grounds of
discrimination as defined in the BSCI Code.
Performance area 5: Fair Remuneration
The auditee pays its workers at least the legal
minimum wage or a higher wage approved
through collective bargaining.
The auditee pays wages on time, regularly and
fully in legal tender.
Auditee deductions to workers’ remuneration are
acting and integrating

only taken according to conditions prescribed by law.


* Performance area 6: Decent Working Hours
The auditee does not require workers to work
more than 48 regular working hours per week,
unless exceptional cases are prescribed by law.
The auditee does not require workers to work
overtime but may do so in exceptional cases by
always paying a premium rate.
* The auditee grants workers and family members
the right to resting breaks in every working day.
* The auditee grants workers and family
members the right to at least one day off in
every seven days.
PREVIOUS
PART IV – TEMPLATE 3 Smallholders Self-assessment PAGE 280

* Performance area 7: Occupational Health and Safety


The auditee cooperates with workers when
developing and implementing systems to ensure
a healthy and safe work environment.
*The auditee enforces the use of personal
protective equipment with other safety systems
and procedures, relevant for farm work.
* The auditee respects workers’ and family
members’ the right to remove themselves from
imminent danger without seeking permission.
The auditee provides workers’ and family
members’ with potable water at all times.
* Performance area 8: No Child Labour
The auditee does not engage in illegal child
labour directly or indirectly.
* Performance area 9: Special protection for young workers
« * » The auditee ensures that young workers
and young family members do not work at night
and that they are protected against working
conditions which are harmful to their health,
safety, morals and development.
« * » The auditee ensures that young workers’
and young family members’ working hours do
not lower or affect their attendance at school, or
any other training or instruction programmes.
« * » The auditee seeks to ensure that young
workers and young family members are properly
trained on occupational health and safety.
acting and integrating

« * » The auditee has a good overview of all


young workers engaged in its production site(s).
The overview the auditee’s family members (if
applicable).
Performance area 10: No Precarious Employment
The auditee does not provide employment
relationships that cause insecurity for the
workers.
The auditee employs workers based on
recognised employment relationships and keeps
records of the contracts.
The auditee provides workers with
understandable information on their rights and
obligations before they start working.
PREVIOUS
PART IV – TEMPLATE 3 Smallholders Self-assessment PAGE 281

* Performance area 11: No Bonded Labour


* The auditee does not engage under any form
of servitude or forced, bonded, indentured,
trafficked or non-voluntary labour.
The auditee acts carefully and remains vigilant
when recruiting and engaging migrant workers
either directly or indirectly.
* The auditee does not treat workers or family
members in an inhumane or degrading manner.
Corporal punishment, mental or physical coercion
and/or verbal abuse are forbidden.
* Performance area 12: Protection of the Environment
The auditee manages waste in a way that does
not lead to the pollution of the environment.
The auditee manages water in a way that
respects the environment, particularly with
respect to preserving local water sources.
Performance area 13: Ethical Business Behaviour
The auditee actively opposes corruption, extortion
or in any form of bribery in its activities.
The auditee keeps accurate information regarding
its own activities and organisational structure.

acting and integrating


PREVIOUS
PART IV – TEMPLATE 4 Working Hours Form PAGE 282

TEMPLATE 4: WORKING HOURS FORM

This template supports the auditee to collect information on the working hours per worker.

This allows the auditee to identify the trend in working hour peaks within three month
periods. The data collection allows the auditee to identify potential risks to workers’ health
and safety due to the amount of working hours

Date of Birth: Day Month Year


Working in the facility since: Day Month Year


Department:

Working in shifts?: Yes No

if Yes, indicate the time


schedule:

Describe resting breaks:


Working Hours Table

Quarter 1 (JANUARY - MARCH)


Working hours in every week
1 2 3 4 5 6 7 8 9 10 11 12 Average acting and integrating

Quarter 2 (APRIL - JUNE)


Working hours in every week
1 2 3 4 5 6 7 8 9 10 11 12 Average

Quarter 3 (JULY - SEPTEMBER)


Working hours in every week
1 2 3 4 5 6 7 8 9 10 11 12 Average

Quarter 4 (OCTOBER - DECEMBER)


Working hours in every week
1 2 3 4 5 6 7 8 9 10 11 12 Average
PREVIOUS
PART IV – TEMPLATE 5 Fair Remuneration Quick Scan PAGE 283

TEMPLATE 5: FAIR REMUNERATION QUICK SCAN

This template supports the auditee to understand the living costs in its region and among
its workforce. It creates an opportunity for constructive dialogue between management
and the workers about fair remuneration.

REGIONAL CONTEXT INFORMATION

Local currency:

Average number of adult wage earners in a family:


Average number of children in a family:


Average number of adult dependents in a family:



Average number of adults in a family following an education course


after work: 

Most common source of energy at home:


(e.g. gas, electricity, charcoal)

Most common mode of transportation:



acting and integrating

Average distance between work and worker’s home (in km):


Average distance between worker’s home and closest place


for shopping (in km):

Average distance between worker’s home and closest school
(in km):

Average distance between worker’s home and closest medical
facility (in km):

Most common access to potable water at home:


(e.g. public access, bottled water):

PREVIOUS
PART IV – TEMPLATE 5 Fair Remuneration Quick Scan PAGE 284

AVERAGE FAMILY EXPENSES INFORMATION

Cost in local Number of


Category Total
currency individuals
Education: X
Transportation: X
Food: X
Clothing: X
Energy and water
consumption:
Housing:
Unexpected
events:
Savings:
Total family basket:

To calculate the percentage of the family’s expenses spent on food, please divide the total costs of the category “food”
by the total family basket, and multiply the number obtained by 100:

Percentage of costs related to food:

CALCULATION FORMULA
Living wage estimation for an adult who is working full time (48 hours per week or
the local maximum regular working hours per week).
To estimate the living wage, please divide the total family basket (calculated using the table above) by the number of
wage earners in a family, and multiply the number obtained by 110% (discretionary income):

Total family basket:


acting and integrating

x 110% =
Number of wage earners per family:
PREVIOUS
PART IV – TEMPLATE 6 Stakeholder Mapping PAGE 285

TEMPLATE 6: STAKEHOLDER MAPPING

This template supports the auditee to identify the potential allies for its continuous
improvement. The auditee shall pay particular attention to identify the institutions or NGOs
that could provide it with support to reintegrate children into society.

The auditee may use one sheet per stakeholder.

Stakeholder name:

Relation since (e.g. year):


Contact Person: First Name


   

Last Name

Email

Adress: Street
   

Number

ZIP Code

City
acting and integrating

Region

Province

Country

Stakeholder type: Internal (e.g. External


  worker) (e.g. trade
union, client)

Specify stakeholder type (e.g. local NGO):



PREVIOUS
PART IV – TEMPLATE 6 Stakeholder Mapping PAGE 286

Topic related
Anti-corruption Occupational health and safety
Stop Child labour Special protection for vulnerable workers
Freedom of association Training
Grievance mechanism Other

Relevant for child labour remediation? Yes No


Additional comments about


stakeholder (if any):

acting and integrating


PREVIOUS
PART IV – TEMPLATE 7 Young Workers Data PAGE 287

TEMPLATE 7: YOUNG WORKERS DATA

This template supports the auditee to keep accurate information on any worker who is
younger than 18 years old.

The auditee shall use one sheet per worker. This information shall be verified by the
auditor.

First and Last name:


Date of Birth: Day Month Year


Working in the facility since: Day Month Year


Department:

Type of worker: Permanent Temporary


Seasonal

Recruited via: Agency /Broker Directly

Attending school or
Yes No
vocational training:
if Yes, indicate the
schooling time or training
schedule:

acting and integrating

Working time schedule:


Training on access to Yes No Year


grievance mechanisms:

Training on OHS Day:


(Occupational Health and
Safety): Topics:

Frequency:
PREVIOUS
PART IV – TEMPLATE 7 Young Workers Data PAGE 288

Housing provided by
Yes No
auditee?

Additional comments about


young worker (if any):

acting and integrating


PREVIOUS
PART IV – TEMPLATE 8 Grievance Mechanism PAGE 289

TEMPLATE 8: GRIEVANCE MECHANISM

This template supports the auditee to keep accurate information of any grievance lodged
and its investigation. This information shall be verified by the auditor.

Identification number given to the


grievance:

Grievance lodged: Day Month Year

The auditee duplicates the table below as many times as there are grievances lodged.

GRIEVANCE STEPS

Hearing of the parties

Yes No Comments:

Further investigation needed

Yes No Comments:

Conclusion reached and accepted

Yes No Comments:
acting and integrating

Has a workers representative been involved?

Yes No Comments:
PREVIOUS
PART IV – TEMPLATE 8 Grievance Mechanism PAGE 290

Has the grievance escalated to a higher level?

Yes No Comments:

Has the grievance led to a legal case?

Yes No Comments:

acting and integrating


PREVIOUS
PART IV – TEMPLATE 9 Remediation Plan PAGE 291

TEMPLATE 9: REMEDIATION PLAN

This template supports the auditee to identify the root causes of its difficulties in any
Performance Area. Please upload this Remediation Plan on the BSCI Platform within 60
days after the audit ‘www.bsciplatform.org).

See more information in BSCI System Manual Part III: How to draft a Remediation Plan

Company name:

DBID:

Audit date to which this Day Month Year


Remediation Plan refers:  

The auditee duplicates the below table as many times as there are Performance Areas
with findings identified by the auditor (e.g. if there are findings in 5 Performance Areas,
the auditee fills in the table below 5 times accordingly).

PERFORMANCE AREA:

Planned actions deadline date


Day Month Year

Identified needs

Policy/ Procedure
Documentation/Data management
acting and integrating

Communication/ Transparency
Training
Structural change
Stakeholder engagement
Others

Planned actions
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PART IV – TEMPLATE 9 Remediation Plan PAGE 292

Person(s) in charge

Financial resources allocated

acting and integrating


PREVIOUS
PAGE 293

PART V

Annexes

PART V: Annexes
PREVIOUS
PART V – ANNEX 1 How to start with the BSCI platform PAGE 294

ANNEX 1 – HOW TO START WITH THE BSCI PLATFORM

This document provides details on the steps to access the BSCI Platform and the
kinds of rights and obligations that users have.

The main functions of the BSCI Platform are described and related to each specific
group of users.

These are the documents/tools related to this topic:


• Login credentials from the BSCI Platform
• BSCI Platform: www.bsciplatform.org
• BSCI Platform Tutorials (beginner and advanced level)
The table below shows BSCI Platform terms and the equivalent BSCI terms used
outside the platform:

BSCI Platform terms BSCI Terms

BSCI participant BSCI Participant

Supplier Business partner not to be monitored*

Producer Business partner to be monitored

Auditor Auditing company

*This may include agents, traders and importers as well as producers not monitored.

1. BSCI PLATFORM TERMS OF USE


The BSCI Platform is administered by the BSCI Secretariat. It compiles information
generated by:
• BSCI Participants
• Their business partners, particularly producers in the monitoring process
• Auditing companies commissioned to conduct BSCI Audits
• When BSCI Participants and their business partners login to the BSCI Platform for
the first time, they all ‘’accept’’ the terms and conditions of use.
Confidentiality and data protection

All information posted in the BSCI Platform is protected by confidentiality agreements. It


is not accessible outside the BSCI system, unless a transfer of information is necessary
on behalf of FTA/BSCI related activities. FTA complies with all obligations applicable to data
processors under European data protection legislation.
PREVIOUS
PART V – ANNEX 1 How to start with the BSCI platform PAGE 295

The BSCI Secretariat has access to all information contained in the BSCI Platform to check:
• The BSCI Participants’ commitment and implementation progress
• Implementation progress of business partners being monitored
• Auditing companies’ integrity and quality performance
Business confidentiality is protected, while allowing collaboration among business
enterprises on social issues. BSCI Participants can share information about the social
performance of common business partners and plan alternatives together to avoid
duplication of efforts.

Searching function: BSCI Participants and auditing companies must know the name of a
producer to successfully search its profile and access its information. Auditors are only
allowed to view documentation related to the facilities that they audited or plan to audit.
They can also upload completed audit questionnaires. Access to other functions of the
BSCI Platform is restricted.

Auditing companies are responsible for uploading most information into the BSCI Platform.
The FTA Framework contract ensures that auditors assume special responsibility in the
information management, such as:
• Use only the BSCI Platform to communicate the results of their audits
• Ensure that data submitted through the BSCI Platform is, to the best of their
knowledge, accurate and current as of the date of submission.
• Use information accessed in the BSCI Platform only to audit factories and farms in
the supply chain of BSCI Participants
• Treat all information in the BSCI Platform as business confidential and auditors
cannot disclose it outside the BSCI Platform

2. OVERVIEW OF THE PLATFORM FUNCTIONS


The BSCI Platform serves the different actors, to coordinate the BSCI implementation in
an efficient way.

2.1. For BSCI Participants


BSCI participants can use the BSCI Platform to:

Map the supply chain. For example:


• To verify if significant business partners are already registered by searching for
their names in the platform
• To create profiles for each significant business partner that was not previously
registered
• To keep an overview of their significant business partners monitored or not
monitored
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Monitor the supply chain

The BSCI system relies on the link of responsibility (RSP) between the BSCI Participant(s)
and the business partners to be monitored (the producers).

While several BSCI Participants may have business with a same producer and work towards
promoting producers’ continuous improvement, only one (RSP) will have the leadership with
regard BSCI audits».

This right implies the responsibility to follow up diligently as the reputations of other BSCI
Participants and the BSCI system rely on it.

These are the RSP rights and obligations:

Rights RSP Linked


participants
1 Provide business partner with COC and TOI YES YES

2 Inviting business partners to capacity building activities YES YES

Interacting with other participants linked to the same YES YES


3
business partner

4 Reacting to Zero Tolerance alert YES YES

5 Support business partners in the remediation process YES YES

Engaging with relevant stakeholders to support YES YES


6
business partners

7 Authorising the timing of the BSCI audit YES NO

8 Authorising the auditing company YES NO

9 Authorising BSCI Audit (both full and follow up) YES NO

10 Accepting equivalent auditing system YES NO

11 Realising RSP in favour of other linked participant YES NO

Communicate with:
• Other BSCI Participants
• Their business partners
• The auditing companies
• The BSCI Secretariat
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2.2. For business partners


BSCI Participants´ business partners can use the BSCI Platform:
• To keep track of their supply chain, in case of agents, traders and importers
• To post their general information if they have a production site
• To coordinate monitoring activities for their significant business partners with the
respective RSP holder
For more information on RSP, see BSCI System Manual Part I – Chapter 1: 1.1. Relations
between BSCI Participants and their Business Partners.

2.3. For business partners to be monitored (producer)


BSCI Participants´ producers can use the BSCI Platform:
• To post their general information, particularly in preparation for an audit
• To visualise their social performance progress
• To post their remediation plans after an audit
2.4. For auditors
Auditors can use the BSCI Platform:
• To receive and schedule audit requests
• To receive special instructions for the audit performance (e.g. scope, announcement
of the visit)
• To post audit and follow-up results
• To communicate with the BSCI Participants in case of urgent situations such as zero
tolerance issues. For more information, see BSCI System Manual Part V - Annex 5:
BSCI Zero Tolerance Protocol

3. HOW TO LOGIN
To be able to login, users need a profile to access the BSCI Platform. Every profile is
associated to a unique email address. This email address is the user name.

For BSCI Participants

Once FTA membership has been confirmed, the BSCI Secretariat provides the BSCI
Participant with a username and password for both:
• The BSCI Platform
• The BSCI website (Participants’ Area)
The logins are different.

The BSCI Secretariat issues the logins for the BSCI Participant’s main contact person.

For business partners to be monitored (producers)

These profiles can be created by:


• The relevant BSCI Participant: The platform sends an automated email to the main
contact person with the login and password
• An auditing company: The automated email is subject to the approval of the
relevant BSCI Participant
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For business partners not to be monitored

These profiles can be created by the relevant BSCI Participant (only): the platform sends
an automated email to the main contact person with the login and password.

For auditors

Upon signing the FTA framework contract, the main contact person will receive via email
the username and password for the platform. This main contact person will be responsible
for creating profiles for all other staff members who may need access.

4. TUTORIALS
The BSCI Secretariat explains via online tutorials to all related audiences how to use the
BSCI Platform. Tutorials also cover updates being made to the platform. To access the
tutorials, one must login to the platform and click on the tab ‘’RESOURCES’’.
When changes are made to the BSCI Platform, the BSCI Secretariat notifies the users about
these changes (e.g. in the help section, which is accessible on the platform’s homepage; in
user profiles).
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PART V – ANNEX 2 BSCI Classification of Sectors, Industries and Product Groups PAGE 299

ANNEX 2 – BSCI CLASSIFICATION OF SECTORS,


INDUSTRIES AND PRODUCT GROUPS

This document provides details on how BSCI classifies sectors of activity, industry
types and product groups.

Product
Sector Industry Type* Product Group
(examples)
Arts, crafts and needlework
Bathroom and kitchen utensils
Clocks and watches
Glassware (eyewear)
Accessories
Jewellery
Personal accessories Umbrellas,
sunglasses
Other accessories (please specify)
Agriculture Flowers and ornamental plants
Agrochemicals and pesticides
Chemical Cleaning and hygiene products Detergents
Industry Lubricants
Other chemical products (please specify)
NON-FOOD

Building products Stones


Households
Office furniture
Kitchen merchandise
Lawns and garden supplies
Storage, haulage and containers
Construction
Plumbing/heating/ventilation/air
conditioning
Safety/security/surveillance
Bathroom appliances
Furniture
Other construction items (please specify)
Baby care
Fragrances
Cosmetic Personal beauty, hygiene and care Face cream,
Industry (including alternative beauty products) oral care,
hair care
Other cosmetic products (please specify)
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Product
Sector Industry Type* Product Group
(examples)
Extractive Metal production
Industry Oil, fuels and gas production
Forestry derivatives Charcoal,
Forestry, Wood,
rubber, wild
Pulp and Paper
nuts
Alternative health products Antibiotics
First aid and wound care
Health Industry Optics, ear and prostheses
Pharmacy products
Other health products (please specify)
Live Animals Accessories
and Related Pets, animal and pet food
Products Other live animal products (please specify)
Electrical supplies Cables
Home appliances
Mechanical Safety protection – DIY (do it yourself)
and Electrical
Engineering Tools equipment - power
Transport and automotive
NON-FOOD

Other engineering (please specify)


Media and Audio, visual and photography Cameras
Graphical Textual and printed materials
Industry
Plastic and articles thereof Plastic
bottles
Plastic Industry
PVC (polyvinyl chloride)

Sports Sports equipment


Equipment and Sportswear
Sportswear
Other sport equipment (please specify)
Textiles, Apparel
Clothing, Footwear (including sport shoes)
Leather
Handbags, belts and shoes
Toys and Games Home textiles
Other soft goods (please specify)
Games
Toys and Games Toys
Others (please specify)
Other (please ....
specify)
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Product
Sector Industry Type* Product Group
(examples)
Fresh fruits and vegetables Bananas
Cereals (including soy), leguminosae and Beans
their products
Herbs and spices (including tobacco Tea
Agriculture
leaves)
Roots and tubers (including potatoes)
Other agricultural products (please
specify)
Dairy Industry Dairy products (including butter) Yoghurt
Fishery, Fish, crustaceans and molluscs (fresh and Pangasius
Aquaculture frozen)
and Inland Other fishery (please specify)
Waterways
Alcoholic beverages and spirits Wine
Cocoa and cocoa preparations Chocolate
Coffee and coffee preparations
FOOD

Eggs and egg preparations Chicken eggs


Honey (both natural and blended) Honey
Juices and vinegar
Non-alcoholic beverages (including soft Tea
drinks and water)
Food, Drink and
Tobacco Nuts and nut preparations Nuts
(including
Brazilian
Nuts)
Processed fruits and vegetables
Sugar and sugar confectionery
Tobacco and tobacco preparations
Vegetable oils and margarines Olive oil
Other food products (please specify)
Livestock
Meat Industry
Meat products (fresh and frozen)
Other (please ... ...
specify)
* Sources:
• ILO Sector classification: www.ilo.org/sector/lang--en/index.htm
• GPC (Global Product Classification) Standards (as at 01 January 2012)
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PART V – ANNEX 3 How to Set Up a Social Management System (SMS) PAGE 302

ANNEX 3 – HOW TO SET UP A SOCIAL MANAGEMENT


SYSTEM (SMS)

This document provides the basis for business enterprises to build a Social
Management System (SMS) as an integral element of the BSCI implementation
strategy.

Description of the key steps as well as the relation between Social Management
System and cascade effect is provided.

Definition

A Social Management System is a set of processes and procedures that allows a company
to analyse, control and reduce the social impacts of its activities.

Social Management Systems are appropriate for all kinds of companies, regardless of
sizes, sectors or industries.

An effective Social Management System demonstrates company maturity as a responsible


enterprise. It makes its business more reliable for clients, customers and investors.

Social Management System development and implementation require the involvement of


at least the following areas of the business:
• Human resources
• Occupational health and safety
• Quality and compliance
Companies may deal with these areas in separate management systems if their size and/
or nature of business require. Companies with a higher likelihood of facing significant
social risks may have additional systems for managing community relations and/or
community impacts (e.g. grievance mechanism).
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1. BASIC ASPECTS
Social Management Systems follow the approach of PLAN, DO, CHECK, ADJUST.

PLAN

ADJUST DO

CHECK

Figure 18: Elements of the Social Management System

2. SOCIAL POLICY
Social policy does not need to be long or technical like a legal document. It needs to clearly
communicate to both internal and external stakeholders:
• The core values and principles of the company
• How internal stakeholders (management, board, workers) are expected to behave
• How external stakeholders can expect the company to operate (suppliers,
contractors)
As part of the drafting process, the company’s social policy needs to draw from the results
of benchmarking core values and expectations with the applicable law. This ensures the
legitimacy of the expectations that are communicated in the social policy.

+ =
The BSCI Code of Conduct serves as the basis for company social policy.

For more information on the importance of a social policy, values and observance of the
law, see the BSCI System Manual Part I - Chapter 3, subchapters 3.1. to 3.4.
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Specific for Business partners to be monitored (producer)

The social policy allows management and workers to:


• Get the BSCI Code of Conduct backed up by the national law in one document
• Consolidate the values to follow in business activities
• Understand the aim and importance of the BSCI Audit

3. PROCEDURES
Procedures ensure that the social policy is implemented in a systematic way within the
business enterprise. They provide clarity on:
• Decision-making level: Who decides what
• Operational level: Who implements what
• Timeframe: How often? How long?
A company will have procedures in place to:
• Define and review its social goals
• Analyse social risks and impacts: Who defines what is risky for the business? Who
is responsible for taking risks?
• Update business practices to meet relevant legal requirements
• Establish programmes and direct competent staff to meet objectives and targets
• Monitor and measure progress towards achieving objectives
• Ensure workers’ awareness and competence about the company’s social policy and
objectives
• Review and improve the Social Management System
These are examples of required procedures:
• Anti-corruption
• Human resources (hiring, training, remuneration, disciplinary measures, firing)
• Grievance mechanisms
• Selecting business partners (e.g. hiring subcontractors)
• Internal auditing
• Monitoring impacts
• Remediation Plan and monitoring its progress
• Periodical revision of the social policy and management systems (see Social
Management System Review below)

IMPORTANT – Companies shall prioritise the development of procedures that deal with
everyday activities as well as those aspects that may represent a higher risk.
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4. RECORD KEEPING
An effective Social Management System has to be supported by a good record keeping
system.

The table below shows the characteristics of a good record keeping system.

Companies certified to ISO-type systems are already familiar with these requirements:

Record Keeping
Explanation How to evaluate?
should be
The record keeping system Does the company keep the
is in line with the legal and records as long as required by law?
administrative requirements Does the company respect
Compliant for the jurisdictions in which privacy and information security
they operate, including specific regulations?
documentation, operational, and
reporting requirements.
The record keeping system Does the company have
is directed by policies with procedures in place about how
assigned responsibilities, along records need to be kept?
Responsible
with formal methodologies Who is the responsible for each set
and procedures for their of records? E.g. accident records;
management. compliance records; payrolls
The record keeping systems Does the company adjust the
are employed consistently in system to the way in which
the normal course of business business is conducted?
and record keeping follows the
Implemented defined policies and procedures. Is decision-making based on the
The records are legitimate and relevant records that are kept for
not a face-saving exercise. that purpose?

The record keeping system Regarding evidence on business


processes the information in a partners, does the company have
consistent and accurate way, to specific measures to ensure that
ensure that the records they hold the information is and remains
Reliable are credible. credible?
E.g. concerning age verification:
does the company have additional
measures to check the validity of
identity cards?
The relevant person can find Would the company, if that
relevant information in the record company is a producer involved in
keeping systems in a timely BSCI, be able to provide information
Available
manner. on demand if requested to do so
during an “unannounced audit”? Or
during a buyer’s visit?
Figure 19: Characteristics of a Good Record Keeping System
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Specific for Business partners to be monitored (producer)

Effective record keeping is particularly critical because BSCI Audits rely on the verification
of documentary proof as part of the triangulation technique. (See Internal monitoring
below).

Record keeping must file:


• All procedures drafted to follow the social policy
• Actual records such as:
¡¡ Employees’ contracts, remuneration, working hours, training
(e.g. for migrant workers, seasonal workers)
¡¡ Agreements with recruitment agencies

¡¡ Occupational health and safety risk assessments

¡¡ Accident records

¡¡ Machine maintenance

¡¡ Licenses, certificates

¡¡ Internal monitoring and remediation plans

¡¡ Human rights impact assessments (including of the supply chain)

Documents to make available during the BSCI Audit are listed in Annex 6: Most Relevant
Documents for the BSCI Audit. The list is not exhaustive but is to be used as a reference.

5. INTERNAL MONITORING
Monitoring and periodic reviews allow companies to understand how to check and adjust
their social performance.

Monitoring the Social Management System is to be done from three angles:


• Intent: Are all the elements of the Social Management System in place?
• Implementation: Are procedures being followed?
• Effectiveness:
¡¡ How is the social performance of the company in general?

¡¡ Does the company observe the law?

¡¡ Is the company making progress towards its improvement objectives?

Records help businesses to define quantitative indicators of progress, for example:


• Wage levels
• Frequency of disciplinary measures
• Frequency of absenteeism
• Frequency of complaints
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The table below shows the elements of the triangulation technique that are relevant for the
internal monitoring as well as for BSCI Audits.

VISUAL OBSERVATION INTERVIEWS


Examples Examples
• Site access • Do workers and managers understand
• Visitor check-in area the policies and procedures?
• Warning signs • Are there ideas for improvement?
• Use of PPE • Do workers feel comfortable filing
• Availability of first-aid kits complaints?
• Confined spaces • How are business partners selected?
MEASURING AND TESTING DOCUMENT REVIEW
Examples Examples
• Quality of drinking water for workers • Permit requirements
• Noise level • Occupational health and safety records
• Frequency of absenteeism • Inspection records
• Lighting for night work • Complaint logs
• Wage slips
• Policies and procedures
• Training records
Figure 20: Elements of Triangulation Technique

6. SOCIAL MANAGEMENT SYSTEM REVIEW


Periodic review: Social Management Systems need to be evaluated periodically and adapt
to changing business environments and lessons learned. The review shall be done with
more frequency at the beginning once the system becomes operational (e.g. every 3 to 6
months).

Once the Social Management System is well-established, it may be sufficient to evaluate it


once a year.

The review should at least assess:


• Overall success of every item of the policy
• Remediation plans and the effectiveness of their implementation
• The suitability of procedures
• Effectiveness and practicality of forms and records in use
• Complaints and the grievance mechanism(s)
• Possible adjustments based on risk assessments
• Priorities to define for the next 3, 6 and 12 months
• Approved resources needed by senior management
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Minutes of these meetings, which must include the key topics discussed and the
decisions made, shall be kept in writing in the central record keeping system.

Senior management must be involved in the review process.

Social Management System and the BSCI cascade effect:

By signing the BSCI Code and related Terms of Implementation, business enterprises
commit to cascade the BSCI Code through the supply chain, regardless if they are going to
be monitored or not.

As part of their Social Management Systems and ongoing due diligence, business
enterprises should regularly assess risks to human rights in the supply chain (e.g. land
rights, remuneration, discrimination towards minorities). Possible risks can then be
mapped to determine how to mitigate them.

7. BUSINESS PARTNERS THAT ARE NOT TO BE MONITORED

They integrate in their own Social Management Systems the following aspects:

Procedures to:
• Include the BSCI Code of Conduct as part of the selection of their significant
business partners (particularly those that belong to a BSCI Participant’s supply
chain)
• Define the communication channel(s) with the BSCI Participant
• Define relevant social performance topics to proactively communicate to the BSCI
Participant
Record keeping for reference on:
• How its own significant business partners embrace the BSCI Code of Conduct
• The social monitoring of/in their supply chain
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8. BUSINESS PARTNERS THAT ARE GOING TO BE MONITORED (PRODUCER)

The auditor evaluates the level of awareness that the auditee has with regard to its own
business partners.

To that aim, the auditee should follow the following steps:


• Mapping the business partners:
To decide which of the business partners need to be involved in the internal
monitoring phase, the main auditee applies the methodology described in
BSCI System Manual Part I: Chapter 3, subchapter 3.5.3. Classify and select
business partners

The table below is an example of how the main auditee may classify its own
business partners and the related way to monitor their social performance

Valid certificate
High
2nd party audit

2nd party audits


Medium Internal audits
Part of the Social Management System

Part of the Social Management System


Low
Internal audits

To classify and monitor its business partners, the main auditee uses information
such as:
¡¡ BSCI Template 1: Business Partner Information

¡¡ Any other self-assessment or social audit tool (e.g. SMETA report or GRASP
self-assessment for farms)
• Awareness raising among the business partners:
The main auditee informs its business partners about the BSCI Code of Conduct.
Those to be included in the internal monitoring must be aware of:
¡¡ The content and procedure of the internal monitoring

¡¡ The role of the internal auditor

¡¡ The communication and grievance channels

E.g. If the main auditee is a cooperative, the president shall call for an extraordinary
meeting of members to inform them about the issue and next steps. Minutes of this
meeting must be recorded.
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• Business partners’ internal monitoring:


The main auditee takes charge and responsibility in supporting the business
partners to continuously improve their social performance. When the main auditee
sources fruits and vegetables directly from farms such responsibility is mandatory.
Expectations of business partners’ social performance may differ depending on
their respective capabilities
• E.g. Some social requirements do not apply to farmers who qualify as smallholders.
For more information, see BSCI System Manual Part III – Chapter 3: How Farms are
Involved in the Monitoring Process (if applicable)

IMPORTANT – The internal auditor has the capacities to conduct social audits. He or
she shall go through the BSCI System Manual in detail and pay special attention to the
chapters and all the content addressing the auditors who conduct BSCI Audits.
The internal social audit may lead to a Remediation Plan before the BSCI Audit takes
place. This allows the main auditee and sampled business partners to initiate
improvements that positively impact the BSCI Audit.

• Minimum number of internal monitoring:


The internal monitoring of business partners must be repeated periodically.

New business partners should always be included in the process. The main auditee
decides on the number of business partners to be internally monitored.

One exception:
If the main auditee sources fresh produce directly from farms (fruits, vegetables
and flowers), the auditee shall internally audit 2/3 of its own farms. If the main
auditee is a cooperative, the farm members are considered as its own farms. The
main auditee has 3 years to do the internal audits.

Internal Audits in own supply


chain via Social Management Producer
System (SMS)

All units have to be audited Packaging Packaging


via the SMS and BSCI Unit Unit

• 2/3 of farms audited via SMS


• 10% sample (minimum 2 Farm Farm Farm Farm Farm

farms, maximum 10 farms)


audited by the BSCI Auditor
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PART V – ANNEX 4 How to Set Up a Grievance Mechanism PAGE 311

ANNEX 4 – HOW TO SET UP A GRIEVANCE MECHANISM

This document provides details on the characteristics of a grievance mechanism. It


defines the steps to lodge and investigate a grievance.

1. UNDERSTAND THE PRINCIPLES


A grievance mechanism must comply with the following principles.

Knowing these principles will help a business enterprise develop and set up an operational
grievance mechanism.

All the parties should recognise the mechanism as legitimate


and workers should feel that they are able to raise their
grievances without fear of victimisation or negative
consequences.
• Consultation: Before a new mechanism is set up, there
should be consultations on the draft mechanism between
management, workers and their representatives
Legitimate • Awareness: Once it is implemented, all managers, supervisors
and workers need to be fully briefed so everybody is made
aware of the mechanism
• Training: Training should be given to managers, supervisors,
workers and their representatives
• Procedure: When someone has raised a grievance by using
the grievance mechanism, it is important to stick to the
agreed procedures so that the legitimacy of the process can
be further ensured
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Everyone should know that the mechanism exists and how to


use it.
• Displayed: Copies of the mechanism procedures should be
displayed on all notice boards that are seen by workers, as
well as in workshops, changing rooms and other areas where
workers gather
• Hard copy: When it is set up, workers should be given a ‘hard
copy’ of the mechanism procedures as well as the necessary
forms
Accessible
• New hiring: When new workers are hired, ensure an
information session is conducted to explain how the
mechanism works; this should be prioritised for young
workers; seasonal workers should also be invited to attend
• Informative sessions: The content of these information
sessions should at least include: what a grievance is; how to
raise it; where to get the necessary forms; where to hand them
in; where to go for information on the mechanism

Everyone should be able to see that the mechanism is working.

Confidentiality: Transparency does not simply mean displaying


names and practical details about the grievance. Communications
should be balanced: reveal general information but keep personal
and other important details confidential.
Transparent
Publication: Normally, the following information can be published:
the date of the complaint; the description (in general terms); the
investigation and conciliation measures taken; the final remedy
taken and the date of the solution.

The mechanism should aim at getting people to talk to


each other so that they agree on the nature of the problem,
and agree on solutions that are acceptable to all parties
concerned.

Cultural differences: Every culture has a different understanding of


what dialogue means and what can be achieved through it.
Start with
Training on conciliation: At least the person in charge of receiving the
Dialogue
grievances should be trained on managing conflicts in the workplace,
conciliation and mediation.

External support: Seek external support from consultants or


stakeholders specialised in conflict resolution as well as the topic at
stake.
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2. UNDERSTAND THE CONTENT


A grievance can be defined as any concern, unhappiness or discontent that a worker might
have in the workplace.

Grievances can be related to:


• Infrastructure (e.g. the working room does not have sufficient lighting or ventilation;
the space assigned to the worker is not sufficient to safely conduct the work)
• Personal relations (e.g. a supervisor has used physical or verbal harassment; there
is a conflict between co-workers)
• Contractual rights (e.g. payment is systematically delayed; there are illegal
deductions; overtime is not paid in premium rate or it is paid in a lower amount than
initially agreed)
• Human and labour rights (e.g. a worker has suffered discrimination based on
gender; religion; place of origin; a worker has been punished because of attending a
trade union meeting; the water available during working time is not drinkable)
• Others: customary rights (e.g. requesting time to pray or to participate in
community activities)
Workers’ grievances may also be related to issues other than what is described above in
the five categories. In such cases, workers may still lodge the grievance internally while
seeking outside assistance. Workers representatives can be a good source of information.

3. UNDERSTAND THE PROCEDURE


Workers should have access to the grievance procedure, including necessary details
such as:
• The possibility to hold an open and constructive meeting about a grievance with
their immediate supervisor or manager
• The right to appeal to a more senior manager against a decision made by their
supervisor or manager
• The workers’ right to be accompanied by a fellow worker of her/his own choice or
by a union representative (applicable for unionised facilities) when attending the
meeting to discuss a grievance
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The procedure should be able to answer questions like:

3.1. Who can lodge a grievance?

A good grievance mechanism should apply to all workers regardless of their roles or
seniority.

3.2. How is a grievance lodged?

Grievances could be raised verbally or in writing.


Usually, the first stage is to make a verbal complaint (e.g. to the direct supervisor). The
escalation of the complaint to a higher level of management (or the person in charge of the
grievance mechanism) occurs most often through a grievance form (see below).

Although both verbal and written systems may work, for the sake of transparency, a
business enterprise may encourage workers to use its own grievance form.
The form will keep track of the nature of the grievance, the nature of the investigation and
remediation steps.

Workers may seek the support of a fellow worker or the workers representative to raise the
problem on their behalf. This is another suitable way of raising a grievance that should be
legitimate and that cannot easily be rejected by the manager or person in charge of the
grievance mechanism.

3.3. Who collects the grievance forms?

In general, it is recommended that the worker should lodge the grievance with her/his
immediate supervisor or manager (first instance). If the grievance is raised about her/
his own supervisor, the grievance will need to be addressed to the person in charge of the
grievance mechanism.
It is also recommended that companies appoint somebody to deal with grievances and
that workers are aware of who that is. If not, workers’ grievances will be processed through
the company hierarchy.
Appointing a person to deal with grievances enforces:
• Transparency and predictability: everyone in the company knows from the
beginning who is supposed to first learn about the grievance
• Efficiency: The grievance does not get lost through the different company
departments and it can be addressed immediately

4. USE GRIEVANCE FORMS


Grievance forms should not be complicated documents but they should:
• Allow the workers to describe the actual grievance
• Allow the company to track the investigation, conciliation and remediation steps,
when applicable
• Be available to all workers at the production site; copies of the forms should also be
left in places where workers can access them easily and privately (e.g. changing
rooms, the workshops and other places where workers spend a lot of time).

IMPORTANT – An identification number may be assigned to the grievance (e.g.


number/year). This will facilitate tracking both the investigation and communication
process without actually revealing the identity of the worker or the nature of the
complaint. The form may contain a list of possible grievances to help workers
describe their grievances.
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Grievance number: n/yyyy

From: First name

Last name

Job title

Date

Signature

Category Description (please be as specific as possible):

• Infrastructure

• Personal relations

• Contractual rights

• Human rights

• Labour rights

• Customary rights

For Administration use only

Recieved by: First name

Last name

Job title

Date
Grievance received
Signature

Figure 21: Example of a Grievance Mechanism Form


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5. FOLLOW-UP ONCE A GRIEVANCE IS LODGED


5.1. STEP 1 Acknowledgement:
The supervisor or person in charge of the grievance mechanism should acknowledge
receipt of the grievance form in writing.

E.g. Grievance number 3/2014 was received on 13/03/2014. The worker will be contacted
within 10 days to proceed to the next steps. Signature.

Keep this statement simple: What is relevant at this point is that the date of reception is
acknowledged and that there is a commitment to follow up.

More details can be communicated when the worker is contacted. Even if the aim is
to solve grievances as quickly and effectively as possible, the timeframes will vary
depending on the complexity of the grievances.

5.2. STEP 2 Analysis:


The supervisor or the person in charge of the grievance mechanism should:
• Analyse the issue
• Try to identify the root cause(s) of the problem
• Identify the potential solutions
• Make the necessary arrangements to resolve the problem (or remediate)
This analytical approach
• Shows if the proposed correction or remediation is affordable
• Brings different solutions depending on the type of grievance
E.g. A grievance against the conditions of the workplace infrastructure will require a
different approach and timeline for finding the solution than a grievance related to
personal relations with a supervisor or co-worker.

The table below helps to analyse a grievance:

Related category
Infrastructure related
Personal matter
Contract related
Human and labour rights
Grievance analysis Comments
Do I know the potential root cause?
Do I need more information?
Who should I contact?
Is the potential solution feasible? By when?
Do I have the leverage? Who can help me?
What is the cost of the remediation? Is it affordable?

Figure 22: Example of How to Analyse a Grievance


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5.3. STEP 3: Mediation:


Once the analysis of the grievance is complete, the supervisor or person in charge of
resolving the grievance should call the worker for a meeting.

The invitation for a meeting can be extended orally or in writing.

The advantage of a written invitation is the documentary proof. However, depending on the
context of the complaint or company procedures, a written form may not be an option.

Regardless of whether the invitation to the worker is written or oral, it should communicate:
• The day of the meeting
• The place
• Who else will be present (if applicable)
The worker should also be informed of her/his right to come to the meeting with a fellow
worker of her/his free choice or the workers representative.

The worker may also choose to invite somebody from outside the company such as a
trusted community stakeholder.

During the meeting, the person in charge will provide the background (step 1, step 2) and
present the reasoning behind the analysis.

The worker should be given the chance to contribute at every step of the explanation and
she/he should validate if the analytical process has been consistent and accurate.

Eventually, the person in charge will present the potential solution and he/she will seek
the worker’s reaction and approval. Minutes of this meeting should be taken.

5.4. STEP 4: Closing and Publication


Ideally, after the mediation meeting, an agreement will have been made between both
parties and they will have settled on the corrective or remediation measures to be taken
as well as the timeframe to implement these measures.

With respect to the privacy of the people involved, the solution of the grievance will be
published on the notice boards to address workers.

Making the solution public as well as respecting the timeframe for the corrective measures
are crucial for maintaining the credibility of the grievance mechanism among the workers.

5.5. STEP 5: Appeal


Disagreement on the analysis and proposed corrective actions as well as any delay on the
implementation of agreed corrective measures are grounds for appeal.

In addition, the worker may raise an additional complaint if she/he believes to have been
victimised or harassed in the way in which her/his grievance has been dealt with.

The management should investigate the worker’s claim immediately.


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Misuse of the grievance mechanism to victimise or harass workers should be disciplined


(including dismissal of the supervisor or manager) as this behaviour compromises the
integrity of the mechanism.

The workers may seek other channels of appeal outside the company. These depend on
the national laws and the different arbitration processes and platforms available in the
region to address workers’ complaints.

Finally, the relevant labour laws may define legal dispute mechanisms.

6. COMPLAINTS FROM LOCAL COMMUNITY


Business enterprises may have a procedure to receive grievances from local people. The
steps described above for grievances from workers remain valid to address grievances
from local communities.

The company shall ensure that local community members are aware of their rights and the
related channels to lodge grievances.
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PART V – ANNEX 5 BSCI Zero Tolerance Protocol PAGE 319

ANNEX 5 – BSCI ZERO TOLERANCE PROTOCOL

This document provides details on the Zero Tolerance issues and related protocol for
the BSCI Secretariat, BSCI Participants and auditors.

1. BACKGROUND
Auditors must carry out the following procedure if during a BSCI Audit (full or follow-up)
they identify any Zero Tolerance Issue as defined below.

Zero tolerance issues can be:


• Flagrant human rights violations
• Flagrant unethical behaviour that compromises the integrity of the BSCI Audit
• Found at the production facility as well as at the employer-provided housing that is
checked as part of a factory or farm visit

2. DEFINITION OF ZERO TOLERANCE ISSUES


Severity check: Auditors must carefully read the concerned Performance Areas before
triggering a Zero Tolerance alert.

Furthermore, issues qualify as Zero Tolerance only if it is:


• flagrant at the time of the audit
• factual and proven
• at such a level of severity that the issue requires immediate remediation.
Child Labour
• Workers who are younger than 15 years old (or the legal minimum age defined by
the country, e.g. 14)
• Workers younger than 18 who are subjected to the worst forms of child labour
(forced labour, prostitution, pornography and illegal activities)
Bonded Labour and inhumane treatment
• Not allowing workers to leave the workplace against their will, including when they
are forced to work overtime against their will
• Use of violence or the threat of violence to intimidate workers to force them to work
• Inhumane or degrading treatment, corporal punishment (including sexual violence),
mental or physical coercion and/or verbal abuse
Occupational Health and Safety
• Occupational health and safety violations that pose an imminent and significant
threat to workers’ health, safety and/or lives
• Findings under questions 7.12, 7.14 and 7.15 have higher likelihood of representing a
Zero Tolerance issue
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Unethical behaviour
• Attempted bribery of auditors
• Intentional misrepresentation in the supply chain (e.g. hiding production sites)
Confidential comments: If the auditor has serious suspicions that zero tolerance issues
take place, but they are not flagrant at the time of the audit, then the auditor shall report
those suspicions under “Executive Summary of Confidential Comments” in the Audit
Report.

3. PROTOCOL FOR THE AUDITOR


3.1. Due diligence:
The auditor collects as many facts and as much evidence as possible to illustrate the
violation. Pictures taken and workers’ testimonies help to prove the allegation. When
relevant and if possible, auditors inform the victims of their options to seek assistance and
to provide referral information.

IMPORTANT – Victims’ identities are only disclosed to the BSCI Secretariat.

3.2. Action:
The auditor redefines the regular course of the audit and uses the time left (if any) to:
• Collect as much evidence as possible
• Ensure the well-being of the victim(s). Any action taken must not in any way place
the victim in any further danger or make him or her vulnerable to any retribution
The auditor is only expected to finalise the audit and the audit report if the Zero Tolerance
issue was identified at the end of the audit. Otherwise, it is expected that the auditor will
prioritize the Zero Tolerance issue over the rest of Performance Areas.

3.3. Notification:
Within 24 hours: Auditors confronted to a Zero Tolerance issue must notify it to the
BSCI Secretariat and the relevant BSCI Participants using the BSCI Platform Zero
Tolerance.

Notification must be done through the BSCI Platform and inform:


• All BSCI Participants related to that auditee (not only the RSP holder)
• The BSCI Secretariat: Auditing, Stakeholder Relations, System and Communications
departments
• The BSCI scheme manager at his/her auditing company
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4. PROTOCOL FOR THE BSCI SECRETARIAT:


4.1. Due diligence:
Within 48 hours following the Zero Tolerance alert:

Auditing Department: Immediately cross verifies:


• The auditor’s collected facts and evidence to validate the reliability
• The auditor’s training and competences
• Any previous allegations/complaints with regard to either the auditor’s or the
auditee’s behaviour
• With the auditing company, any additional information or documentary support
Communications Department:

Immediately checks media to see if the case could be directly or indirectly related to
breaking or ongoing news.

Stakeholder Relations Department:

Immediately verifies if BSCI has local partners to contact who could support in addressing
the specific issue. This department will check with the BSCI Country Representatives
(when applicable) if some information can be corroborated.

4.2. Coordination:
Within 72 hours following the Zero Tolerance Alert:

System Department: Upon gathering the information from the other departments, this
department organises:
• A conference call with all relevant BSCI Participants
• The integration of relevant local stakeholders (if relevant)
• Definition of investigation steps
4.3. Follow-up and communication:
System Department: Coordinates according to the specific action plan decided among the
related BSCI Participants:
• Action plan and the remediation steps
• Inspection request to the local labour authority (when relevant/if possible)
• Agreement among the BSCI Participants on the remediation process. It will vary
depending on the alleged violation and the underlying circumstances
Communications Department: Ensures regular communication with/between internal and
external stakeholders as appropriate:
Communication with other initiatives if the producer or auditor is part of another initiative,
when relevant.
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5. PROTOCOL FOR ALL RELATED BSCI PARTICIPANTS:


• Links in the BSCI Platform will remain until the immediate conference call
• They react to the BSCI conference call within 72 hours
• They agree to disclose the company identity among the other implicated
Participants
• They will become part of an ad-hoc remediation group composed of all related
Participants. The group will be led by the BSCI Secretariat as per the first conference
call
• They will cooperate within the ad-hoc remediation group to, among other things,
communicate collectively to the auditee in question
• They will take the decisions on the investigation process and the remediation steps
based on absolute majority (50% +1)
• They will suspend any monitoring activities either in progress or scheduled during
the timeframe of the Remediation Plan and its implementation
• They will accept relevant stakeholders as part of this ad-hoc remediation group, if
necessary
• They will ensure that the effectiveness of the Remediation Plan is verified in due
course by means of a full BSCI Audit
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ANNEX 6 – MOST RELEVANT DOCUMENTS FOR THE


BSCI AUDIT

This list illustrates documentation relevant for keeping an effective Social


Management System.

It should not be considered as fixed as every company shall decide which


documents reflect its own business.

As part of the auditing technique to seek satisfactory evidence, the auditor shall
verify documents from this list and others that may be relevant for the specific
audit. Business partners to be monitored shall benefit from having used this list
by collecting the information in advance to be better prepared for the BSCI Audit.
The documents listed below are also listed by Performance Area in the BSCI System
Manual Part II and Part III.

Full audit documentation: Current and minimum 12 months old records should be
available for a full audit.

New producing companies: The BSCI Participant should verify that a new set company
has at least 3 month existence before it gets the first full audit. This does not apply to
companies that have just changed the address.

Main auditee + farm is the scope of the audit: The BSCI Participant should verify that
the main auditee has been granted 6 month preparation from the time the code was
communicated and the time of the audit.

Follow up audits: The BSCI Participant should verify that the producer has at least 2
months of new documentary evidence before the follow up audit, particularly in cases,
where new documentary evidence is crucial for verifying improvements.

Exceptions can be granted by the BSCI Secretariat for all Performance Areas provided that:

a. The follow up refers to a finding whose verification does not rely on documentary
evidence

b. Suspicions notified by the auditor under “confidential comments”

c. Severe risk for workers’ health and/or life


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No. DOCUMENT
CERTIFICATES AND CONTRACTS
1 Job descriptions in which the implementation of BSCI is included
2 Evidence of the qualifications of the person in charge of implementing BSCI
3 Employment contracts including those related to security personnel, cleaning
and other services
4 Contract with any service provider including food services, transportation, agents
5 Worker contracts or agreements, including with recruitment agencies
6 Employment contracts and/or posters where workers’ rights and obligations are
displayed
7 Valid inspection and insurance for machinery and vehicles
8 Purchase invoices of the PPEs bought by the auditee
9 Valid business license and all necessary official approvals to run operations
10 Official building certificate about safety and appropriateness for the industry
11 Valid certificates and environmental licenses
TRAINING
12 Evidence of a training calendar for workers and management
13 Documentary evidence of training given to workers, management and human
resources
(e.g. list of attendees with signatures)
14 Documentary evidence of trainer competence
15 Documentary evidence of workers training on occupational health and safety
16 Documentary evidence of workers’ qualifications for those who deal with
dangerous machines, electrical installation and any other activity that requires
specific training due to the high level of risk
17 Documentation of all trainings given to young workers
18 Communications and trainings to promote and reward integrity
RECORDS AND REPORTS
19 Documentary evidence on production capacity planning
20 Evidence that the BSCI Code of Conduct and Terms of Implementation have been
distributed to significant business partners
21 Signed BSCI Code of Conduct and relevant Terms of Implementation if farms are
part of the scope of the audit
22 Evidence of business partners’ social performance (quarterly reports, audit
reports, valid certificates)
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23 Documentary evidence of the social policy and procedures to implement BSCI


24 Documentary evidence of the workers representative election
25 Documentary evidence of regularly scheduled workers meetings
26 Records of agreements with workers representatives
27 Documented working rules
28 Documentary evidence of grievances lodged/investigated (e.g. BSCI Template 8
filled in)
29 Collective Bargaining Agreement (if applicable)
30 Minutes or documents of meetings that led to the collective bargaining
agreement (if applicable)
31 Recruitment and dismissal procedures and records
32 Documentary evidence on disciplinary procedures
33 Documentary evidence on disciplinary cases and the measures taken
34 Documentary evidence of workers’ performance assessments and procedures
35 Documentary evidence of legal deductions for goods and services
36 Documentation on legal minimum wages relevant for the sector
37 Pay slips for workers and documentary evidence of payments
38 Fair remuneration quick-scan completed (BSCI Template 5)
39 Personnel data files for all workers (including seasonal workers)
40 Documentary evidence of additional benefits (commercial insurance if
applicable)
41 Documentary evidence of updated contributions to social insurance funds
42 Lists of wage ranges and calculations including for piece rate workers
43 Documentary evidence of the legal permanent exception covering the auditee’s
industry
44 Working time records
45 Documented overtime procedure including agreements with workers
46 Documented records of accidents
47 Risk assessment for safe, healthy and hygienic working conditions
48 Action plan for safe, healthy and hygienic working conditions
49 Occupational health and safety regulations applicable for the industry
50 Documentary evidence of the election process of the health and safety
committee
51 Minutes of the health and safety committee meetings
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52 Age-verification procedure
53 Procedure to avoid child exploitation
54 Child labour remediation procedure
55 Risk assessment and related action plan with specific measures to protect young
workers and young female workers
56 Young workers overview records
57 Young workers’ work cycle overview
58 Overview of subcontractors
59 Overview of apprenticeships granted in the company
60 Overview of seasonal workers
61 Environmental risk assessment
62 Map identification of water springs, rivers, lakes in the area of auditee activities
63 Documentary evidence of consumption, withdrawal and disposal of chemicals
(including Material Safety Data Sheets – MSDS)
64 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:
65 Dangerous machines, including but not limited to lifts, electrical equipment,
high-pressure equipment
66 Firefighting equipment (e.g. inspection tags on fire extinguishers)
67 Potable water at production facilities and dormitories
68 Health and safety for the facilities and dormitories including but not limited to
temperature, noise level and lighting
69 Calculation of the necessary financial and personnel resources to comply with
the minimum social and environmental requirements
70 Anti-corruption policy
71 Corruption risk assessment
72 Procedure for investigation and discouragement of unethical behaviour
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PART V – ANNEX 7 BSCI buyers checklist PAGE 327

ANNEX 7 – BSCI BUYERS CHECKLIST

This document intends to support buying departments in the identification of


imminent social risks when visiting a producer.

This checklist does not intend to substitute a social audit but rather help a person
without specific social compliance expertise to identify risks related to a producer’s
social performance.

This information is to be shared with relevant managers usually at company


headquarters (e.g. CSR). This will allow the BSCI Participant to take further steps in
line with its CSR strategy. (E.g. When scheduling the BSCI Audit, the auditor may be
informed about these pre-identified areas of concern).

QUESTIONS
Requirement YES NO Comment
1. Is the BSCI Code of Conduct
posted in a visible area?

2. Is the person in charge of


implementing BSCI in a senior
role?
3. Is there any kind of complaint
mechanism / suggestion box
visible?
4. Do people address colleagues
and subordinates with respect?

5. Is any information visible on


how shifts are organised? Or lunch
breaks? Or working hours?
6. Is the workplace clean and
organised?

7. Are the toilets clean and


equipped with soap and the
necessary accessories to respect
workers' hygiene and morals?
8. Is drinking water made available
and accessible to workers?

9. Are workers using Personal


Protective Equipment (PPE)?
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10. Are there first aid kits with


enough material available?

11. Are signs and warnings posted


in the right place and are they
intuitive enough to be understood
regardless of the level of literacy?
12. Are escape routes/aisles and
exists properly marked, unblocked
and easily accessible?
13. Are there fire extinguishers
available and in good condition?

14. Is a fire alarm system


installed?

15. Is the evacuation plan posted


in a visible place and intuitive
enough to be understood
regardless of the level of literacy?
16. Are electrical wiring and/or
electrical installations in good
condition and can imminent
hazards be seen?
17. Are chemicals stored and
disposed of in a way that avoids
leakage?
18. Do workers look old enough to
be allowed to work?

19. Is there a place that allows


visitors to wait without entering
the work area?
20. Is the building in a good
condition and no imminent
hazards can be seen?
TOTAL

Other comments or recommendations


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PART V – ANNEX 8 Quick Assessment of Social Audits from Other Systems PAGE 329

ANNEX 8 – QUICK ASSESSMENT OF SOCIAL AUDITS


FROM OTHER SYSTEMS

This document provides details on how to pre-assess the coverage of other social
systems in the supply chain.

This pre-assessment is part of due diligence and allows companies to:


• Assess the level of risk associated with producers that claim to have a social
certificate or follow a similar code of conduct
• Decide whether or not these producers are to be monitored within BSCI

1. UNDERSTANDING THE CONTEXT


BSCI Participants ultimately envisage that all business partners in their supply chains
share their values and principles and, when relevant, are monitored against the BSCI Code.

Exceptionally and temporarily, BSCI Participants may recognise the efforts made by
producers following other social schemes provided that:
• The social scheme fully or partially covers the BSCI non-negotiable requirements
(see table below)
• The follow-up and implementation plan towards continuous and sustainable
improvements is both serious and credible
Business partners that meet the two preconditions mentioned above shall be asked to
sign the BSCI Code and Terms of Implementation for Business Partners. The signature
provides BSCI Participants with the necessary legal framework to request follow-up and
continuous improvements with regard to the equivalent system.

BSCI Participants make this recognition unilaterally. It cannot be mistaken with mutual
recognition between the BSCI system and other systems.
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2. NON-NEGOTIABLE REQUIREMENTS QUICK-SCAN

NON-NEGOTIABLE REQUIREMENTS QUICK-SCAN


NAME OF OTHER SYSTEM:
Date of the comparison:
I. Minimum Content YES NO Comment
Reference to the ILO Core Conventions
Freedom of Association and
Protection of the Right to Organise
Convention, 1948 (No. 87)
Right to Organise and Collective
Bargaining Convention, 1949
(No. 98)
Forced Labour Convention, 1930
(No. 29)
Abolition of Forced Labour
Convention, 1957 (No. 105)
Minimum Age Convention, 1973
(No. 138)
Worst Forms of Child Labour
Convention, 1999 (No. 182)
Equal Remuneration Convention,
1951 (No. 100)
Discrimination (Employment and
Occupation) Convention, 1958 (No.
111)
Limit of working hours as per BSCI Code of Conduct
Regular working hours: maximum
48 hours per week and 8 hours
per day, with the exceptions as
specified by the ILO
Limit on overtime: the national
law and the characteristics
of exceptional, voluntary and
premium paid
Resting time: resting breaks in
every day and right to at least one
day off in every seven days unless
a valid Collective Bargaining
Agreement specifies otherwise
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Remuneration
At least minimum wage according
to the national law or industry
minimum standard is enforced
Occupational Health and Safety
Conducting Risk Assessment

Workers Training

Personal Protective Equipment


(PPE)
Chemicals

Accident and Emergency


Procedures
Electricity

Fire Protection

Escape Routes and Emergency


Exits
Machine and Vehicle Safety

First-aid

Workplace, Social Facilities,


Housing
2. Audit Process YES NO Comment
and Auditing Bodies
Duration of the audit
The social audit takes minimum
one man-day (8 hours x one
auditor)
The duration of the audit must be
visible in the audit report
Audit validity
The certificate or social report
shall not be older than 12 months
Triangulation technique
The social audit shall include
verification of documents, worker
interviews and the site visit
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Clear follow up
The social audit report shall
describe the findings and define
deadlines for required corrective
actions.

Certificates; Audit Reports must


have further explanations of
findings (e.g. it is insufficient
to only have YES/ NO; graphics;
or traffic light answers without
further details)
The social audit used a
standardised report with
information that is in the latest
version in use
Competence
As a minimum it is a second party
audit. Self-assessments cannot be
considered as sufficient
The system must define
the minimum competence
requirements of the auditor
The system must have in place
mechanisms to ensure to
regularly update auditors and/or
auditing companies
3. Governance YES NO Comment
[Independent Standards]
The system must have a
structured revision process
with at least defined steps and a
responsible person appointed
The system must be transparent
on its governance (e.g.
organisational chart available on
the website)
The system must make available
annual updates on its activities
and/or impacts
Figure 23: Non-Negotiable Requirements Quick-Scan
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PART V – ANNEX 8 Quick Assessment of Social Audits from Other Systems PAGE 333

Step 1: Verify that the social scheme meets the non-negotiable requirements

BSCI Participants and their business partners gather information about the social system.

Usually this information comes from the producer (potential auditee) that claims to follow
an equivalent system.

This producer shall provide as much information as possible, particularly:


• Full audit report or equivalent document
• Full Remediation Plan or equivalent document

IMPORTANT – In order to safeguard the credibility of BSCI Participants’ due diligence


process, BSCI Participants are requested NOT to:
• Accept as equivalent to the BSCI system any other system that does not cover the
minimum requirements listed in the Quick-Scan above
• Accept all audit reports or certificates issued by a particular social system,
without having previously checked the individual audit report or certificate on a
case-by-case basis
If an individual brand’s standard meets all the requirements listed above, it can also
be accepted as equivalent to the BSCI system.

Step 2: Analyse the level of coverage

Assessment Consequence
Full coverage All questions in the Quick-Scan are answered YES

The producer is not monitored against the BSCI Code of


Conduct.

The producer signs the BSCI Code and Terms of


Implementation for Business Partners

Close follow-up must be done on continuous and


sustainable improvement

The decision not to monitor may be revised at any time


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Partial coverage All questions are answered YES, except the questions
with a dark grey background

The BSCI Participant recognises the system up to the


end of the audit validity but no longer than 12 months.

The producer signs the BSCI Code and Terms of


Implementation for Business Partners.

Close follow up must be done on continuous and


sustainable improvement.

The decision not to monitor will not go beyond 12


months.

No coverage Not all questions are answered YES

The BSCI Participant does not recognise the producers’


claim.

The producer signs the BSCI Code and Terms of


Implementation for Business Partners to be monitored
as this business partner will eventually receive a BSCI
Audit.

Step 3: Follow up
• BSCI Participants have the responsibility to closely follow up on the continuous
and sustainable improvement of these producers that are covered by other social
systems
• When requesting the producer to sign the Code of Conduct, the BSCI Participant
should communicate its decision to the related producer and state that such a
decision can be reviewed at any time
• If another BSCI Participant sourcing from the same producer decides to include that
producer in the BSCI monitoring process, this decision prevails
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PART V – ANNEX 9 Code of Conduct version 2014 – FULL version PAGE 335

Annex 9: BSCI Code of Conduct

BSCI Code of Conduct1

The present BSCI Code of Conduct version 1/2014 aims at setting up the values and
principles that the BSCI Participants strive to implement in their supply chains. It was
approved by the Foreign Trade Association (FTA) Board on 28 November 2013 and overrules
the BSCI Code of Conduct version 2009 in all its translations. The present BSCI Code of
Conduct consists of three major sections of information: a) Preamble, Interpretation, Our
Values and Implementation, which apply to all Business Enterprises; b) Principles, which
address more specifically the BSCI Participants’ Business Partners and c) BSCI Terms of
Implementation, BSCI Reference and BSCI Glossary, which are integral parts of the Code
and provide more detailed information on interpretation and implementation of the BSCI.
The BSCI Code of Conduct version 1/2014 enters into force on 1 January 2014. BSCI
monitoring against the principles of this Code will start in January 2015. Therefore, audits
against the BSCI Code version 2009 will no longer be valid as of January 2015. The English
version of this document is the legally binding one.

I. Preamble
The Business Social Compliance Initiative (BSCI) was launched by the Foreign Trade
Association FTA, acknowledging that international trade is an essential vehicle for human
prosperity and social economic growth.

This code of conduct (the BSCI Code of Conduct) is a set of principles and values that
reflect the beliefs of BSCI Participants and the expectations they have towards their business
partners.

The 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
International Labour Organization (ILO) Conventions and Recommendations relevant to
improve working conditions in the supply chain.

Business enterprises that endorse the BSCI Code of Conduct are committed to the principles
set out in this document and to meeting, within their sphere of influence, their responsibility to
respect human rights.

BSCI and its participants (BSCI Participants) pursue a constructive and open dialogue
among business partners and stakeholders in order to reinforce the principles of socially

1
© Copyright 2014 by FTA – Foreign Trade Association, Brussels

BSCI Code of Conduct - Public Document V. 1/2014 1/9


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PART V – ANNEX 9 Code of Conduct version 2014 – FULL version PAGE 336

responsible business. Furthermore, they see the building up of mature industrial relations
between workers and management as being key for sustainable businesses.

II. Interpretation
In the BSCI Code of Conduct, the terms “business enterprises” cover both BSCI Participants
and their Business Partners in the supply chain, particularly Producers.

The appendices referred to at the end of the BSCI Code of Conduct (Terms of
Implementation, BSCI References and BSCI Glossary) form an integral part of the BSCI
Code of Conduct. The BSCI Code is to be read and interpreted in combination with them.

Every business enterprise has different Terms of Implementation to adhere to, depending on
their role in the supply chain and on whether or not they are going to be monitored within the
BSCI.

III. Our Values


By endorsing the BSCI Code of Conduct and communicating it to their supply chain, BSCI
Participants are guided by the following values:

 Continuous improvement: BSCI Participants undertake to implement the BSCI


Code of Conduct in a step-by-step development approach. BSCI Participants expect
their business partners to ensure the continuous improvement of working conditions
within their organisations.
 Cooperation: By working together and taking a common approach, BSCI
Participants will have a greater impact on, and better chance of improving working
conditions in their supply chains. The value of cooperation is equally important in the
relationship with the business partners in the supply chain, particularly those that
need support in order to improve.
Likewise, the spirit of cooperation is also critical in the relationship between business
and affected stakeholders at different levels.
 Empowerment: A central aim for the BSCI is to empower BSCI Participants and
their business partners, particularly in the case of producers who will be monitored, to
develop their supply chains in a way that respects human and labour rights as well as
to provide business units in the supply chain with the tools needed to improve
working conditions in a sustainable manner. The development of internal
management systems plays a critical role in bringing BSCI principles to the heart of
business enterprises’ culture.

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IV. Implementation
The principles set out in the BSCI Code of Conduct represent the aspirational goals and
minimum expectations that BSCI Participants have with regard to their supply chains’ social
conduct.

Even though the aspirations will remain unchanged, the minimum expectations of the BSCI
Code of Conduct, which are translated into verifiable social standards, may change in line
with changes in society.

BSCI Participants commit to use reasonable endeavors to achieve the goals set out in
the BSCI Code of Conduct. While they cannot guarantee full observance of all their
business partners at all times, BSCI Participants commit to take reasonable measures to
abide by the principles of the BSCI Code of Conduct, particularly in those regions and or
sectors where higher risks of non-observance of the BSCI Code of Conduct exist. Needless
to say, full observance is a process that takes considerable time, resources and effort; and
gaps, shortcomings, failures and unpredictable occurrences will always remain a possibility.
Nonetheless, BSCI Participants commit strongly to the early detection, monitoring and
remediation of all such failures in their supply chains and remain open to constructive
engagement with stakeholders who are genuinely concerned with social compliance.

Code Observance

Obeying domestic laws is the first obligation of business enterprises. In countries where
domestic laws and regulations are in conflict with, or set a different standard of protection
than the BSCI Code of Conduct, business enterprises should seek ways to abide by the
principles that provide the highest protection to the workers and environment.

Supply Chain Management and Cascade Effect

BSCI Participants acknowledge their capacity to influence social changes in their supply
chains through their purchasing activities. They manage their relationships with all business
partners in a responsible way and expect the same in return.

This requires a co-operative approach where every business enterprise, (a) involves its
respective business partners; (b) takes all reasonable and appropriate measures in its sphere
of influence, needed to implement the BSCI Code of Conduct and (c) exchanges information
to timely identify any challenge that requires mitigation.

BSCI Participants and their business partners strive to further detail the root causes of any
such adverse impact in human rights, particularly when sourcing from high-risk regions or
sectors. So as to embed this responsibility, business enterprises should act with due
diligence and develop the necessary management systems, policies and processes to a
reasonable extent as well as effectively prevent and address any adverse human rights
impacts that may be detected in the supply chain.

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For producers that will be monitored, internal management systems are particularly
encouraged as an effective way to embed the BSCI Code of Conduct in their business
practices.

Terminating a business relationship or an individual contract with a business partner because


of a struggle to implement the BSCI Code of Conduct is considered a last resort. However, it
may be necessary to terminate a business relationship or individual contract if the business
partner fails to act in a manner consistent with the principles set out in the BSCI Code of
Conduct, and/or when the business partner is unwilling to undertake the measures needed to
fulfill any of the obligations set out in and/or inherent to the BSCI Code of Conduct.

Workers Involvement and Protection

Business enterprises should establish good management practices that involve workers and
their representatives in sound information exchange on workplace issues, and allow for
appropriate measures for protecting workers in line with the aspirations of the BSCI Code of
Conduct. Business enterprises should take specific steps to make workers aware of their
rights and responsibilities.

In addition, business enterprises are required to build sufficient competence among


employers, managers, workers and workers representatives in order to embed these
practices in the business operation successfully. Continuous education and training at each
level of work is essential, particularly with regard to Occupational Health and Safety.

Business enterprises should establish or participate in effective operational-level grievance


mechanisms for individuals and communities who may be adversely impacted. Even where
judicial systems are effective and well-resourced, grievance mechanisms may offer particular
advantages such as speed of access and remediation, reduced costs and transnational reach.

V. Principles
BSCI Participants expect all their business partners to observe the BSCI Code of Conduct.
Furthermore, any business partners that are monitored against the principles below are to
show evidence that they take (a) all necessary measures to ensure their own observance of
the BSCI Code of Conduct and (b) reasonable measures to ensure that all of their business
partners involved in the production process(es) observe the BSCI Code of Conduct.

The rights of Freedom of Association and Collective Bargaining

Business partners shall: (a) respect the right of workers to form unions in a free and
democratic way; (b) not discriminate against workers because of trade union membership and
(c) respect workers’ right to bargain collectively.

Business partners shall not prevent workers’ representatives from having access to workers
in the workplace or from interacting with them.

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with the right to resting breaks in every working day and the right to at least one day off in
every seven days, unless exceptions defined by collective agreements apply.

Occupational Health and Safety

Business partners observe this principle when they respect the right to healthy working and
living conditions of workers and local communities, without prejudice to the specific
expectations set out hereunder. Vulnerable individuals such as - but not limited to - young
workers, new and expecting mothers and persons with disabilities, shall receive special
protection.

Business partners shall comply with occupational health and safety regulations, or with
international standards where domestic legislation is weak or poorly enforced.

The active co-operation between management and workers, and/or their representatives is
essential in order to develop and implement systems towards ensuring a safe and healthy
work environment. This may be achieved through the establishment of Occupational Health
and Safety Committees.

Business partners shall ensure that there are systems in place to detect, assess, avoid and
respond to potential threats to the health and safety of workers. They shall take effective
measures to prevent workers from having accidents, injuries or illnesses, arising from,
associated with, or occurring during work. These measures should aim at minimizing so far as
is reasonable the causes of hazards inherent within the workplace.

Business partners will seek improving workers protection in case of accident including
through compulsory insurance schemes.

Business partners shall take all appropriate measures within their sphere of influence, to see
to the stability and safety of the equipment and buildings they use, including residential
facilities to workers when these are provided by the employer as well as to protect against
any foreseeable emergency. Business partners shall respect the workers’ right to exit the
premises from imminent danger without seeking permission.

Business partners shall ensure adequate occupational medical assistance and related
facilities.

Business partners shall ensure access to drinking water, safe and clean eating and resting
areas as well as clean and safe cooking and food storage areas. Furthermore, business
partners shall always provide effective Personal Protective Equipment (PPE) to all workers
free of charge.

No Child Labour

Business partners observe this principle when they do not employ directly or indirectly,
children below the minimum age of completion of compulsory schooling as defined by law,
which shall not be less than 15 years, unless the exceptions recognised by the ILO apply.

Business partners must establish robust age-verification mechanisms as part of the


recruitment process, which may not be in any way degrading or disrespectful to the worker.
This principle aims to protect children from any form of exploitation. Special care is to be

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taken on the occasion of the dismissal of children, as they can move into more hazardous
employment, such as prostitution or drug trafficking. In removing children from the workplace,
business partners should identify in a proactive manner, measures to ensure the protection of
affected children. When appropriate, they shall pursue the possibility to provide decent work
for adult household members of the affected children’s family.

Special Protection for Young Workers

Business partners observe this principle when they ensure that young persons do not work at
night and that they are protected against conditions of work which are prejudicial to their
health, safety, morals and development, without prejudice to the specific expectations set out
in this principle.

Where young workers are employed, business partners should ensure that (a) the kind of
work is not likely to be harmful to their health or development; (b) their 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.

Business partners shall set the necessary mechanisms to prevent, identify and mitigate harm
to young workers; with special attention to the access young workers shall have to effective
grievance mechanisms and to Occupational Health and Safety trainings schemes and
programmes.

No Precarious Employment

Business partners observe this principle when, without prejudice to the specific expectations
set out in this chapter, (a) they ensure that their employment relationships do not cause
insecurity and social or economic vulnerability for their workers; (b) work is performed on the
basis of a recognised and documented employment relationship, established in compliance
with national legislation, custom or practice and international labour standards, whichever
provides greater protection.

Before entering into employment, business partners are to provide workers with
understandable information about their rights, responsibilities and employment conditions,
including working hours, remuneration and terms of payment.

Business partners should aim at providing decent working conditions that also support
workers, both women and men, in their roles as parents or caregivers, especially with regard
to migrant and seasonal workers whose children may be left in the migrants’ home towns.

Business partners shall not use employment arrangements in a way that deliberately does not
correspond to the genuine purpose of the law. This includes - but is not limited to - (a)
apprenticeship schemes where there is no intent to impart skills or provide regular
employment, (b) seasonality or contingency work when used to undermine workers’
protection, and (c) labour-only contracting. Furthermore, the use of sub-contracting may not
serve to undermine the rights of workers.

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No Bonded Labour

Business partners shall not engage in any form of servitude, forced, bonded, indentured,
trafficked or non-voluntary labour.
Business partners will risk allegations of complicity if they benefit from the use of such forms
of labour by their business partners.
Business partners shall act with special diligence when engaging and recruiting migrant
workers both directly and indirectly.

Business partners shall allow their workers the right to leave work and freely terminate their
employment provided that workers give reasonable notice to the employer.

Business partners shall ensure that workers are not subject to inhumane or degrading
treatment, corporal punishment, mental or physical coercion and/or verbal abuse.

All disciplinary procedures must be established in writing, and are to be explained verbally to
workers in clear and understandable terms.

Protection of the Environment

Business partners observe this principle when they take the necessary measures to avoid
environmental degradation, without prejudice to the specific expectations set out in this
chapter.

Business partners should assess significant environmental impact of operations, and


establish effective policies and procedures that reflect their environmental responsibility. They
will see to implement adequate measures to prevent or minimise adverse effects on the
community, natural resources and the overall environment.

Ethical Business Behaviour

Business partners observe this principle when, and without prejudice to the goals and
expectations set out in this chapter, they are not involved in any act of corruption, extortion
or embezzlement, nor in any form of bribery - including but not limited to - the promising,
offering, giving or accepting of any improper monetary or other incentive.

Business partners are expected to keep accurate information regarding their activities,
structure and performance, and should disclose these in accordance with applicable
regulations and industry benchmark practices.
Business partners should neither participate in falsifying such information, nor in any act of
misrepresentation in the supply chain.

Furthermore, they should collect, use and otherwise process personal information (including
that from workers, business partners, customers and consumers in their sphere of influence)
with reasonable care. The collection, use and other processing of personal information is to
comply with privacy and information security laws and regulatory requirements.

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VI. Appendices
1. Terms of Implementation

2. BSCI Reference: Compilation of International Standards relevant for the


implementation of the Code such as ILO Conventions and Recommendations.

3. BSCI Glossary

*******

The Business Social Compliance Initiative is a leading business-driven initiative for companies
committed to improving working conditions in factories and farms worldwide. We unite more
than 1000 companies around a development-oriented system applicable to all sectors and
sourcing countries.

Business Social Compliance initiative (BSCI)


Av. De Cortenbergh, 172
1000 Brussels
Belgium
Tel: +32-2-762 05 51
Fax: +32-2-762 75 06
info@bsci-intl.org
www.bsci-intl.org

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Terms of Implementation for


BSCI Participants1

I. Introduction
For the purpose of this document, “BSCI Participants” refers to commercial entities such
as retailers or importers, which are members of the Foreign Trade Association (FTA) and
endorse the Business Social Compliance Initiative (BSCI).

By signing these terms of implementation, BSCI Participants endorse the values and
principles of the BSCI Code of Conduct and commit to take, within their sphere of influence,
all reasonable and appropriate measures to promote their implementation in their supply
chain.

In doing so, BSCI Participants are subjected to the BSCI Commitment Formula.

The terms below embody the commitment of the BSCI Participants towards improving
working conditions in their supply chain.

II. Commitment to socially responsible


business
2.1. In undertaking the commitment set out in the BSCI Code of Conduct, BSCI
Participants work together with other BSCI Participants in a collaborative way, and pursue
a constructive and open dialogue with stakeholders particularly in case of urgent
communication needs.

2.2. BSCI Participants actively communicate their endorsement of the BSCI Code of
Conduct through their company organization and to their business partners and relevant
stakeholders.

2.3. BSCI Participants require their business partners to work towards full observance
of the Code of Conduct and the specific Terms of Implementation. They communicate the

1
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BSCI Code of Conduct, Terms of Implementation and BSCI Glossary to their business
partners and expect them to cascade the information to the different business partners
relevant in the targeted supply chain.

2.4. BSCI Participants have the strategy, procedures and sufficient resources in
place to meet the responsibilities related to the BSCI Code of Conduct and ensure that
there is continuous improvement in its implementation.

2.5. BSCI Participants understand that, when holding the responsibility to follow up
the efforts of their business partners towards full observance of the BSCI Code of Conduct
they abide by the values and the procedures of BSCI.

2.6. BSCI Participants acknowledge that neglecting the values and principles of the
Code of Conduct and/or violating these Terms of Implementation are sufficient grounds for
the termination of their status as BSCI Participant. The burden of proof in this respect shall lie
with FTA/BSCI.

III. Embedding social responsibility into the


business enterprise culture
3.1. BSCI Participants (e.g. through their buying practice such as price and/or delivering
time) should not put their business partners in a position that prevents them from adhering to
the BSCI Code of Conduct.

3.2. Purchasing and other relevant departments (or individuals) should be trained and
incentivised in a manner that allows them to contribute to the integration of the principles of
responsible business in the BSCI Participants’ company cultures.

3.3. BSCI Participants will complete all mandatory BSCI trainings within the first 6
months of their membership.

3.4. BSCI Participants stay actively engaged and up-to-date in the BSCI
implementation.

IV. Cooperation and empowerment in the


supply chain
4.1. BSCI Participants engage in training and support their own staff as well as that of
their business partners in order to build the necessary capacities to achieve and uphold the
principles set out in the BSCI Code of Conduct.

4.2. BSCI Participants seek a constructive and open dialogue with their business
partners over their ability to observe the BSCI Code of Conduct and assist them in order
to help them meet these expectations.

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4.3. BSCI Participants encourage the active co-operation between management and
workers, and/or their representatives, in the development and implementation of systems
and procedures that result in the successful implementation of the BSCI Code of Conduct.

4.4. BSCI Participants work in cooperation with their business partners (particularly with
producers going through the monitoring process) to identify the root causes of any
discrepancy in their conduct with the BSCI Code of Conduct and work towards improvements
in a step wise approach.

V. Due diligence in the supply chain


5.1. BSCI Participants commit to act diligently in (a) assessing actual and potential
adverse impacts of their business against the values and principles of the BSCI Code of
Conduct; (b) identifying in the supply chain where the most significant risks for these
adverse impacts may occur and (c) acting upon them with the aim of preventing and/or
addressing them in line with the BSCI Code of Conduct.

5.2. BSCI Participants gather and assess reliable information about their business
partners’ responsible behaviour and keep the necessary documentary evidence that they
have acted diligently.

5.3. BSCI Participants identify the business partners that shall be included in the
BSCI monitoring process to promote the necessary changes towards improving working
conditions. They seek further detail on the root causes of any discrepancy with the
principles of the BSCI Code of Conduct and are proactive and comprehensive in the
implementation of necessary corrective actions, particularly when sourcing from high-risk
regions or sectors.

5.4. BSCI Participants require that their business partners (particularly those that are
in the BSCI monitoring process) regularly report on their progress in implementing and/or
upholding the BSCI Code of Conduct as well as the effectiveness of their responses to
adverse impact to the values and principles of the BSCI Code of Conduct they may have
been involved in.

5.5. BSCI Participants should engage in or support - to the extent possible- an effective
operational level grievance mechanism to respond to individuals and communities
adversely impacted by the supply chain.

VI. Information management


6.1. BSCI Participants actively inform the BSCI Secretariat on the effectiveness of
any responses to an adverse impact to values and principles of the BSCI Code of Conduct,
which may be relevant for BSCI and other Participants.

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6.2. BSCI Participants seek to understand the concerns of potentially affected


stakeholders, from which they may need to seek advice and consult externally with credible,
independent experts. This includes governments, civil society and workers representatives.

6.3. BSCI Participants commit to immediately inform the BSCI on any critical incident
of their business partners that may result in an adverse impact to the values and principles
of the BSCI Code of Conduct, as soon as they become aware thereof.

6.4. BSCI Participants shall maintain the BSCI Platform with updated and accurate
information and will instruct their employees and representatives to use such
information in compliance with the privacy and information security laws and regulatory
requirements.

6.5. BSCI Participants agree that their business partners (particularly those being
monitored in the BSCI) can be subjected to investigation measures in the frame of the BSCI
Integrity Program, such as but not limited to Witness Audits, Duplicate Audits and Random
Unannounced Checks (RUC).

Signature on behalf of the Company Date of the signature

Name of the company

Name of the person

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Terms of Implementation for


Business Partners1

I. Introduction
For the purpose of this document, “Business Partner” refers to the commercial entity, such
as importers or agents, with which the BSCI participant has a commercial relation, and
through which the BSCI Participants intend to cascade the principles of the BSCI Code
towards the producers that may be eventually monitored.

It may also mean the commercial entity, such as subcontractors or sub-suppliers, with which
a producer has a commercial relation and through which the producer intends to cascade the
principles of the BSCI Code.

By signing these Terms of Implementation, business partners endorse the values and
principles of the BSCI Code of Conduct or equivalent and commit to take, within their
sphere of influence, all reasonable and appropriate measures to observe them.

The reference this document makes to the BSCI Code of Conduct includes any other
equivalent code of conduct and respectively related system.

Third-party partners, as mentioned in this document, refer to Business partners of the one
who signs these Terms of Implementation.

Business partners that have signed these Terms of Implementation are not subjected to the
BSCI monitoring process. However, the BSCI Participant reserves the right to include them,
when deemed relevant as result of the BSCI participant’s due diligence process, in which
case the business partner will need to sign the Terms of Implementation for Producers.

II. Commitment to socially responsible


business
2.1. In undertaking the responsibilities set out in the BSCI Code of Conduct, business
partners work together with BSCI Participants and their third party-partners and pursue a

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constructive and open dialogue with their stakeholders towards the application of the BSCI
Code of Conduct.

2.2. Business partners actively communicate their endorsement of the BSCI Code of
Conduct through their company organization and to their third-party partners.

2.3. Business partners require their third-party partners to work toward full observance
of the BSCI Code of Conduct.

2.4. Business partners have the procedures and sufficient resources in place to meet
their responsibilities related to the BSCI Code of Conduct.

2.5. Business partners require their third party-partners to work towards full observance
of the BSCI Code of Conduct and take, within their sphere of influence, the reasonable
measures necessary to make the BSCI Code of Conduct applicable to their third party
partners.

2.6. Business partners acknowledge that neglecting the values and principles of the
BSCI Code of Conduct and/or violating any of these Terms of implementation are
sufficient grounds for BSCI Participants to terminate their business relations with signatory
business partners. The burden of proof in this respect shall lie with BSCI Participants or third-
party partners as applicable.

III. Embedding social responsibility into the


business enterprise culture
3.1. Business partners (e.g. through their buying practice such as price and/or delivering
time) should not put their third party-partners in a position that prevents them from adhering to
the BSCI Code of Conduct.

3.2. Purchasing and other relevant departments (or individuals) should be trained and
incentivised in a manner that allows them to contribute to the integration of the principles of
responsible business in the company culture.

IV. Cooperation and empowerment in the


supply chain
4.1. Business partners engage in training and support their own staff in order to build
the necessary capacities to achieve and uphold the principles of the BSCI Code of Conduct.

4.2. Business partners seek a constructive and open dialogue with their respective
third-party partners over their ability to observe the BSCI Code of Conduct and assist
them in order to help them meet these expectations.

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4.3. Business partners encourage the active co-operation between management and
workers, and/or their representatives, in the development and implementation of systems
and procedures that result in the successful implementation of the BSCI Code of Conduct.

V. Due diligence in the supply chain


5.1. Business partners commit to act diligently in (a) assessing actual and potential
adverse impacts of their business against the values and principles of the BSCI Code of
Conduct; (b) identifying in the supply chain where the most significant risks for these adverse
impacts may occur and (c) acting upon them with the aim of preventing and/or addressing
them in line with the BSCI Code of Conduct.

5.2. Business partners gather and assess reliable information about their own business
and third-party partners’ responsible behaviour and keep the necessary documentary
evidence that they have acted diligently.

5.3. Business partners require that their third-party partners regularly report to them
on their progress in implementing and/or upholding the BSCI Code of Conduct as well as the
effectiveness of their responses to adverse impact to the values and principles of the BSCI
Code of Conduct in which they may have been involved.

5.4. Business partners should set up or engage in -to the extent possible- an effective
operational level grievance mechanism to respond to individuals and communities
adversely impacted by their activities.

VI. Information management


6.1. Business partners report accurately to BSCI Participants, as per request, on their
implementation plan and continuous improvement of their third-party partners, as well as
the effectiveness of any response to adverse impact to values and principles of the BSCI
Code of Conduct, in which they may have been involved.

6.2. Business partners seek to understand the concerns of potentially affected


stakeholders, from which they may need to seek advice, and consult externally with credible,
independent experts. This includes governments, civil society and workers representatives to
verify the effectiveness of their implementation process.

6.3. Business partners commit to immediately inform the BSCI Participant on any
misconduct of their third-party partners of which they may become aware and that may result
in an adverse impact to the values and principles of the BSCI Code of Conduct.

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Signature on behalf of the Company Date of the signature

Name of the company

Name of the person

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Terms of Implementation for


Business Partners to be
involved in the BSCI
monitoring process
(Producers)1

I. Introduction
For the purpose of this document, "Producers" refers to the business partner in the supply
chain of a BSCI Participant that manufactures goods (food or non-food) or produces raw
materials and that, as a result of the BSCI Participant or Business Partner's due
diligence, has been included in the BSCI monitoring process.

This decision may come directly from the BSCI Participant or indirectly through a BSCI
Participant's business partner.

BSCI Participants reserve the right to include or exclude the producer in the monitoring
process at any time, as a result of their own definitions of risks.

By signing these Terms of Implementation, producers endorse the values and principles of
the BSCI Code of Conduct and commit to take, the appropriate measures to observe the
principles of the BSCI Code of Conduct at their own facilities.

In addition, they will involve their significant business partner to act in a responsible way.

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II. Commitment to socially responsible


business
2.1. In undertaking the responsibilities set out in the BSCI Code of Conduct, producers
work together with BSCI Participants and pursue a constructive and open dialogue with their
stakeholders towards the application of the BSCI Code of Conduct.

2.2. Producers actively communicate their endorsement of the BSCI Code of Conduct
through their company organization and to their business partners. Producers shall display
the BSCI Code of Conduct in the local language in an openly accessible location.

2.3. Producers confirm having read and understood the BSCI Code of Conduct and
relevant Terms of Implementation and they commit to work towards full observance thereof,
within their sphere of influence.

2.4. Producers have the procedures and sufficient resources in place to meet their
responsibilities related to the BSCI Code of Conduct and ensure that there is continuous
improvement in its implementation.

2.5. Producers require their significant business partners to work towards full observance
of the BSCI Code of Conduct and take, within their sphere of influence, the reasonable
measures necessary to make the BSCI Code of Conduct applicable to their own business
partners.

2.6. Producers acknowledge that neglecting the values and principles of the BSCI
Code of Conduct and/or violating any of these Terms of implementation are sufficient
grounds for BSCI Participants or relevant business partners to terminate their business
relations with a signatory producer. The burden of proof in this respect shall lie with BSCI
Participants or business partners as applicable.

III. Embedding social responsibility into the


business enterprise culture
3.1. Producers should establish good management practices that involve workers and
their representatives in sound information exchanges on the workplace issues.

3.2. Producers should set policies and procedures in place to ensure the observance of
the principles of the BSCI Code of Conduct and appropriate protection of workers.

3.3. Producers should take specific steps to make workers aware of their rights and
responsibilities, in particular to the most disadvantaged groups (e.g. migrant workers).

3.4. Producers should build sufficient competence among the managers and workers in
order to embed the BSCI Code of Conduct in their business enterprise culture.

3.5. Production, Human Resources and other relevant departments (or individuals) should
be trained and incentivised in a manner that allows them to contribute to the integration of
the principles of responsible business in the business enterprise culture.

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IV. Cooperation and empowerment of their


own facilities and supply chain
4.1. Producers engage in training and support their own staff in order to build the
necessary capacities to achieve and uphold the principles of the BSCI Code of Conduct.

4.2. Producers seek a constructive and open dialogue with their workers and
workers representatives over their responsibility to observe the principles of the BSCI
Code of Conduct

4.3. Producers seek a constructive and open dialogue with significant business
partners over their ability to observe the BSCI Code of Conduct and assist them in order
to help them meet these expectations.

V. Due diligence in their own facilities and in


their supply chain
5.1. Producers commit to act diligently in (a) assessing actual and potential adverse
impacts of their business against the values and principles of the BSCI Code of Conduct; (b)
identifying in their own facilities and their supply chain where the most significant risks for
these adverse impacts may occur and (c) acting upon them with the aim of preventing and/or
addressing them in line with the BSCI Code of Conduct.

5.2. Producers gather and assess reliable information about their own business and
business partners ’ responsible behaviour and keep the necessary documentary
evidence that they have acted diligently. They seek further detail on the root causes of
any discrepancy with the principles of the BSCI Code of Conduct and take the necessary
corrective actions.

5.3. Producers require that their business partners regularly report to them on their
progress in implementing and/or upholding the BSCI Code of Conduct as well as the
effectiveness of their responses to adverse impact to the values and principles of the BSCI
Code of Conduct in which they may have been involved.

5.4. Producers should set up or engage in -to the extent possible- an effective
operational level grievance mechanism to respond to individuals (particularly their workers)
and communities adversely impacted by their activities.

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VI. Information management


6.1. Producers report accurately to BSCI Participants on their implementation plan and
continuous improvement of their own business, as well as the effectiveness of any response
to adverse impact to values and principles of the BSCI Code of Conduct in which they may
have been involved.

6.2. Producers seek to understand the concerns of potentially affected stakeholders,


from which they may need to seek advice, and consult externally with credible, independent
experts. This includes governments, civil society and workers representatives to verify the
effectiveness of their implementation process.

6.3. Producers commit to immediately inform the BSCI Participant -to the extent
possible- of any misconduct of themselves and/or their business partners, particularly
subcontractors, of which they become aware and that may result in an adverse impact to the
values and principles of the BSCI Code of Conduct.

VII. Monitoring toward improvements


7.1. Producers monitor that the BSCI Code of Conduct is observed by them and their
business partners involved in the production process based on a development-oriented
approach.

7.2. Producers acknowledge the importance of having trustful relationships and will
not be involved in falsifying any information, particularly documentary evidence relevant for
the monitoring of their performance towards observance of the BSCI Code of Conduct.

7.3. Producers agree that the individual auditors working on behalf of or otherwise
representing an Auditing Company conducting BSCI audits may gather the necessary
documentary evidence. This includes - but is not limited to - pictures of their production
site(s) as well as copies of business documents relevant for the audit.

7.4. Producers agree that confidential interviews with workers representatives and
workers freely chosen by the auditors are conducted, without any influence from the producer
side.

7.5. Producers agree that all audit information will be recorded in the BSCI Platform.
This Platform allows sharing of the audit reports among BSCI Participants.

7.6. Producers agree that the information gathered in their facilities during the BSCI Audit
can be shared with third parties (i) insofar as this occurs within the framework of the BSCI;
(ii) insofar as such transfer is necessary for the provisions by or on behalf of FTA/BSCI-
related activities, and/or (iii) the third parties agree to treat the information provided with
utmost respect and for the only purpose relevant for the case.

7.7. Producers agree that the BSCI Auditors can be subject to a Witness Audit when
conducting the BSCI audit in their facility. Witness Audits aim at ensuring the quality of
Auditors / Auditing Companies performing BSCI audits. Therefore, they have no incidence on
producers' performance or audit results and has no additional cost for the

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producer. Producers agree that if requested, their BSCI social audit will include a Witness
Audit and the additional Auditors will be allowed access to the facility.

7.8. Producers agree that their facility and production sites can be subjected to
investigation measures in the frame of the BSCI Integrity Program, - such as but not limited
- to Witness Audits, Duplicate Audits and Random Unannounced Checks (RUC). Where RUC
results will negatively differ from the previous audit result, the Producer will bear the full cost
of the RUC.

Signature on behalf of the Company Date of the signature

Name of the company

Name of the person

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BSCI Glossary1

The glossary is to be understood in the context of the BSCI and applies to the
BSCI Participants and their business partners, particularly producers. It
overrules all previous versions of the BSCI Glossary.

Item Definition

Agent An actor in the supply chain that makes the connection between the buying business
enterprise and the business enterprise selling the goods. The agent does not own the
goods or produce them. For BSCI purposes, an Agent is a business partner.

Apprentice Someone who undertakes a system of learning a craft or gains specific expertise within a
business enterprise of that sector of knowledge.

Apprenticeship Systematic, long-term training with alternating periods in a school or training centre and
at the workplace; the apprentice is contractually linked to the employer and receives
remuneration (wage or allowance). The terms of apprenticeship are usually regulated by
law as well as by labour agreements. By means of these terms, the employer assumes
responsibility for providing the apprentice with training leading to a specific occupation.

Aspirational Goals which help organisations to achieve a greater purpose in their mission and are
usually set through a series of long and short term goals designed to help the
goals
organisation reach a designated point.

Audit A methodical examination or review of a condition or situation towards gathering


satisfactory evidence. Audits must be objective, impartial and independent. The audit
process must be both systematic and documented. For the purposes of the BSCI, the
audits will verify social performance in the supply chain of BSCI Participants against the
standards emanating from the BSCI Code of Conduct and its Terms of Implementation.
They shall use the appropriate methodology and auditing tools. The term audit includes
all types regardless of the methodology used and/or the scope.

Audit Integrity An ordered set of procedures designed to guarantee that BSCI values and principles are
consistently respected when conducting BSCI audits. This includes but it is not limited to:
Program
a) Ensuring consistency and reliability of the monitoring process and associated activities;
b) Ensuring consistency and reliability of Auditing Company performance.

Auditee An organisation (or part of an organisation) that is being audited. Organisations can
include one or several legal entities. For the purpose of the BSCI, producers are meant
to be audited only once identified by the BSCI Participant as a result of its due diligence.

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Therefore, BSCI Participants and business partners that don’t have a production
working environment are not eligible to be included in the BSCI monitoring process.

Auditor A person appointed and authorised to deliver a qualified audit judgment on the social
performance of the auditee. The auditor shall collect evidence by means of examination
of documents, interviews and site inspection.

For the purposes of the BSCI, auditors shall be experts of SAAS (see definition below)
accredited Auditing Companies. They must satisfy high quality criteria and meet the
competence requirements of SAAS and BSCI.

Basic Needs A wage that enables workers to cover their basic needs (housing, energy, nutrition,
clothing, health care, education, potable water, child care, transportation and savings),
Wage
includes additional discretionary income and takes into consideration dependents. Also
referred to as Living Wage. Within the BSCI system, auditors are required to calculate
the basic needs wage at the auditee level using the method developed by Social
Accountability International (SAI) and report that calculation under the master data of the
audit report.

BSCI It refers to the public statement by which BSCI Participants embed their social
responsibility. BSCI provides a commitment formula to support BSCI Participants in
Commitment
their planning to include business partners in the continuous improvement process
towards social compliance.

BSCI info A formal presentation organised by the BSCI to provide participating companies with the
information needed for the successful implementation of the BSCI. FTA members who
seminar
endorse the BSCI shall attend one BSCI info seminar within 6 months after having joined
the FTA.

BSCI Participant Ordinary member of the Foreign Trade Association (FTA) who endorses the BSCI.

BSCI Platform A group of IT features and technologies set by the BSCI to allow BSCI Participants to
exchange information on the implementation of the BSCI in their supply chain. This
includes, but is not limited to organisation of BSCI audits and sharing of audit reports.

BSCI A governance body of the FTA. It may consist of maximum 20 representatives from
stakeholder groups. It nominates one delegate to play an advisory role in the BSCI
Stakeholder
Steering Committee.
Council

BSCI Steering Body of the FTA that decides on the BSCI activities. It is composed of nine ordinary
members that use services related to the BSCI. The members of the BSCI Steering
Committee
Committee must represent the diversity of the ordinary members regarding their size
expressed in turnover. It also includes one representative of the Stakeholder Council with
consultative rights only.

BSCI Working Bodies of the FTA established by the Steering Committee. They are made up of
representatives from BSCI Participants and have a supporting role to the BSCI Steering
Groups
Committee, which defines their mandate and specific tasks.

Business An organisation involved in the trade of goods, services, or both to consumers or clients,
regardless of their form of ownership or the way they are organised (limit liability, tax
Enterprise
advantage or compliance criteria…) For the purpose of the BSCI, business enterprises
are the BSCI Participants and their business partners, particularly but not limited to
producers whose social performance will be monitored.

Business Any external party from whom products or services are obtained or with whom contracts
are concluded for the provision of such products and services. This relationship may be
Partners
contractual, and may or may not require an exclusive bond. These are examples of

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business partners:

A producer

A supplier

A customer

A channel intermediary (such as an agent or reseller),

A vendor of complementary offerings (for example, one party sells the hardware, while
the other sells the software)

For the purpose of the BSCI, not all business partners are required to be included
in the BSCI process, but at least the significant business partners should be involved.

In this context, ‘significant’ refers to business partners (particularly producers) who are:

the primary providers of a given type of good or service, which represent a large share of
the purchasing volume or reputational perception; or

they are identified as potentially related to significant risks of adverse human rights
impacts (particularly those which are labour related).

For the more information on the targeted audience of the monitoring process see
definition of “auditee”.

Calibration Meetings organised by the BSCI with the accredited Auditing Companies where auditors
can discuss their interpretation of the audit procedures and criteria. These meetings
meetings
ensure that auditors follow the correct interpretation of the BSCI mission, vision and
expectations, as well as develop a thorough understanding of the auditing tools and audit
methodologies.

Capacity The process of assisting an individual or group to identify and address issues and gain
the insights, knowledge and experience needed to solve problems and implement
Building
changes.

The BSCI organises capacity building activities to develop skills and capabilities for both
BSCI Participants and their business partners (particularly producers involved in the
monitoring system) to integrate social compliance into their daily operations.

Cascade Effect An unforeseen “chain of events” due to an act affecting a set of interacting or
interdependent components, or relationships.

The cascade effect may lead to a chain of events which tends to proceed with increasing
momentum, so that the further it progresses the more difficult it is to stop. For the
purpose of the BSCI, BSCI Participants strive to inspire a positive cascade effect for
their business partners to observe the BSCI Code of Conduct.

Certification The process through which a third party organisation grants recognition to an individual,
organisation, process, service or product that meets certain established criteria.

The BSCI is a multidisciplinary approach that helps BSCI Participants and their business
partners to improve social performance in the supply chain. BSCI audits do not lead to a
certificate but they act in combination with the other BSCI components to strive for
improvements.

Child For the purpose of the Convention of Rights of the Child, a child means every human
being below the age of eighteen years unless, under the law applicable to the child,
majority is attained earlier. The Convention aims at providing coverage to all minors
including “children” and “young workers”.

For the purpose of the BSCI, the term applies to all persons under the age of 15 years or
under the age of completion of compulsory schooling (whichever is higher), except in
certain countries where economies and educational facilities are insufficiently developed
and a minimum age of less than 15 years might apply. These countries of exception are
specified by the ILO in response to special application by the country concerned and

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consultation with representative organisations of employers and workers.

Child Labour The term refers to work that deprives children of their childhood, their potential and their
dignity, and that is harmful to physical and mental development. It refers to work that is
mentally, physically, socially or morally dangerous and harmful to children; and interferes
with their schooling by:

depriving them of the opportunity to attend school;

obliging them to leave school prematurely; or

requiring them to attempt to combine school attendance with excessively long and heavy
work.

Child Labour A combination of preventive and corrective measures. The preventive measures apply to
avoid that the Child Labour occurs. Corrective measures intend to rectify and improve the
Remediation
situation if Child Labour is found.

Business partners, particularly those that are going to be monitored, are required to have
a Child Labour remediation procedure in place. This should at least include means to: a)
robust verification of age; b) seek external support in promoting long-term solutions; c)
strive to return the child to the school system and ensure that the child is removed from
the production site.

Child Labour is a violation of fundamental human rights. As such, it may require


compensation to the victim.

Code of Formal statement of the values and principles that reflect the beliefs of BSCI Participants
and the expectations they have towards their business partners in their supply chain. The
Conduct
Code is publicly available and addressed to anyone with an interest in business
enterprises’ activities and the way they do business. The Code of Conduct is to be read
and interpreted in combination with the appendices (Terms of Implementation, BSCI
Reference and BSCI Glossary).

Complaint It may have a non-legal and a legal meaning. As a non-legal matter, a complaint refers to
an expression of dissatisfaction or allegation that the expectations raised by a system, a
business organisation or an individual were not satisfactory or fulfilled.

As a legal term, complaint refers to a formal legal document that sets out the facts and
legal reasons that the filing party believes are sufficient to support a claim against another
party and that entitles the filing party to a remedy.

Complicity It has both non-legal and legal meanings. As a non-legal matter, business enterprises
may be perceived as being “complicit” in the acts of another party where, for example,
they are seen to benefit from an abuse committed by that party.

As a legal matter, complicity means being implicated in abuse that another business
enterprise, government, individual, group, etc., is causing. The risk of complicity in a
human rights abuse may be particularly high in areas with weak governance and/or
where human rights abuse is widespread.

Complicity is generally made up of 2 elements:

An act or omission (failure to act) by a business enterprise, or individual representing a


business enterprise, that “helps” (facilitates, legitimizes, assists, encourages, etc.)
another, in some way, to carry out a human rights abuse, and

The knowledge by the business enterprise that its act or omission could provide such
help.

Compulsory A period of education that is required of every person, and which extension varies from
legislation to legislation. It is meant to ensure the right to education, which is a right in
Education
itself and an enabling right. Education provides individuals with the skills, capacity and
confidence to secure their rights. Education gives people the ability to access information

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and analyse it freely.

Consumer A person who purchases goods and services for personal use.

Corrective In the context of the BSCI, corrective action refers to the implementation of measures or
systemic changes to eliminate or palliate the cause(s) of an existing deviation from the
Action
BSCI Code of Conduct and to prevent re-occurrence.

Corrective The plan of actions needed to fix the deviations found during the audit. It should include
the responsible person and time frame limit within which the measures are to be
Action Plan
implemented.
(CAP)

Countries risk A tool developed by the BSCI that aims at supporting BSCI Participants to better identify
potential social risks and implementation priorities related to their sourcing countries.
classification

Crucial issues Those usually related to Fundamental ILO Conventions (Core Conventions) or to issues
that are understood as crucial within the BSCI system because:

• They present imminent risk to workers’ safety or risk to life and limb or constitute a
significant breach of workers’ human rights, and/or,

• They present an attempt to pervert the course of the audit through fraud, coercion,
deception or interference.

Customer A person who buys goods or services from a shop or business. Or a person of a specified
kind with whom one has to deal.

Decent work Sum of the aspirations of people in their working lives. It comprises opportunities of work
which are productive and deliver a fair income, security in the workplace and social
protection for families. This involves better prospects for personal development and
social integration, freedom for people to express their concerns and equal opportunities
and treatment for all women and men.

Dormitory A structure that grants safe living accommodation to workers. It is provided by the
employer and it can be either on or off-site. Also known as housing.

Due Diligence It refers to a number of preventive measures taken to adhere to a standard of


reasonable care while performing any acts that could foreseeably harm others.

A reasonable care relates to what a “reasonable person” might have done in the same or
similar circumstances. A "reasonable person" is a composite of a relevant community's
judgement as to how a typical member of a community (e.g. business enterprises)
should behave in situations that might pose a threat of harm (through action or inaction)
to the others.

The duty of care includes implicitly the responsibilities held by individuals and business
enterprises towards others within society. Therefore, it is expected regardless if it is
required by law or not.

Emissions In the context of the BSCI audit, it refers to flue gas or exhaust gas, which need to be
managed adequately to avoid any potential damage to the environment.

Employee Someone who works for an entity, under the terms of an employment contract. A
contract of employment could be written, oral or implied. For the purpose of the BSCI,
both employees and workers (whether seasonal or permanent) are under the same term
“worker”.

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Environmental A systematic approach to develop and deliver an organisation’s environmental objectives


and manage activities that have an environmental impact. An EMS will include the
Management
organisation’s structure, activities and assessment of those activities with environmental
System impacts. Further relevant legislative and regulatory environmental responsibilities,
objectives, training and assessments may be included.

Foreign Trade The Foreign Trade Association (FTA) is the association of European and International
commerce that represents and defends the value of free and sustainable trade. It brings
Association
together hundreds of retailers, importers, brand companies, and national associations to
improve the political and legal framework for trade in a responsible way.

FTA Board of The body that administrates the Foreign Trade Association, which is composed of
minimum two and maximum ten representatives of ordinary members.
Directors

FTA Financial Committee to focus on financial issues, composed of three members of the FTA Board of
Directors (the treasurer + two other members, one of them must also serve on the BSCI
Committee
Steering Committee).

FTA General Yearly Assembly which includes all associate and ordinary members. All votes are based
on a weighted voting system, depending of the business enterprise or association’s
Assembly
turnover.

Fundamental The International Labour Organization’s Governing Body has identified eight
conventions covering subjects that are considered as fundamental principles and rights
ILO
at work: freedom of association and the effective recognition of the right to collective
Conventions bargaining; the elimination of all forms of forced or compulsory labour; the effective
abolition of child labour; and the elimination of discrimination in respect of employment
(Core and occupation.
Conventions)
These principles are also covered in the ILO's Declaration on Fundamental Principles and
Rights at Work (1998). Currently, the number of ratifications of these conventions
represents 86% of the possible total.

Ratifying countries (see http://www.ilo.org/ilolex/english/newratframeE.htm) commit


themselves to applying the convention in national law and practice and reporting on its
application at regular intervals.

Grievance A grievance mechanism is a non-judicial procedure that offers formalised means


through which individuals or groups can raise concerns about the impact a business
Mechanisms
enterprise has on them – including, but not exclusively, on their human rights – and can
seek remedy.

These mechanisms may use adjudicative, dialogue-based or other processes that are
culturally appropriate and rights-compatible.

According to the United Nations, for a grievance mechanism to be effective, it should be


legitimate, accessible, predictable, equitable, transparent, rights-compatible, and a
source of continuous learning.

Home Worker A person who carries out work for a business enterprise under direct or indirect contract,
other than on a business enterprise’s premises, for remuneration, which results in the
provision of a product or service as specified by the employer, irrespective of who
supplies the equipment, materials or other inputs used.

Human Rights A set of principles defined in the Universal Declaration of Human Rights (1948), based on
the recognition of the inherent dignity and the equal and inalienable rights of all members
of the human family as the foundation of freedom, justice and peace in the world.

Human Rights The process that should be conducted by business enterprises in order to identify,
prevent, mitigate and account for how they address their adverse human rights impacts. It
Due diligence
should cover the adverse human rights impact that the business enterprise may cause or
contribute to through its own activities, or which may be directly linked to its operations,

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products or services by its business relationships.

Importer The business enterprise selling the goods. They have not produced the goods. The
deliveries of the goods are made inside or outside the EU. For BSCI purposes, an
importer can be a BSCI Participant or a business partner.

International An international organisation located in Geneva, Switzerland, whose goal is to promote


decent work for all men and women. The ILO has a tripartite approach; therefore member
Labour
countries are represented by workers, employers and governments.
Organization

(ILO)

ILO The International Labour Organization (ILO) holds the responsibility for setting
international labour standards and it is the legitimate source for international labour
Conventions
standards and their interpretation.

ILO standards are set in Conventions, having the force of international law and binding
for states that have ratified them, and in Recommendations which provide additional
interpretation guidance.

In particular, all ILO member states have an obligation, regardless of ratification, to


respect, promote and realise the principles contained in the Fundamental ILO
Conventions.

The BSCI refers to the ILO Conventions, Recommendations and interpretations


guidelines, as much as it is feasible.

ILO They are legal instruments drawn up by the ILO's constituents (governments, employers
and workers) to address international labour standards and set out basic principles and
Recommenda-
rights at work. Contrary to ILO Conventions, which are legally binding international
tions treaties that may be ratified by member states, ILO Recommendations serve as non-
binding guidelines.

In many cases, a convention lays down the basic principles to be implemented by


ratifying countries, while a related recommendation supplements the convention by
providing more detailed guidelines on how it could be applied.

Recommendations can also be autonomous, i.e. not linked to any convention.

Internal Social A dynamic set of policies and procedures to be implemented by the main auditee to
cascade the values and principles of the BSCI Code of Conduct into the production layers
Management
below.
System (ISMS)

Labour-Only A prohibited arrangement where the contractor or subcontractor merely recruits, supplies
or places workers to perform a job, work or service for a principle. In labour-only
Contracting
contracting, the following elements are present: (a) The contractor or subcontractor does
not have substantial capital or investment to actually perform the job, work or service
under its own account and responsibility; and (b) The employees recruited, supplied or
placed by such contractor or subcontractor are performing activities which are directly
related to the main business of the principal.

Legal minimum The lowest hourly, daily or monthly remuneration that employers are legally required to
pay to workers and employees for regular working hours. Countries that do not have a
wage
minimum wage defined by law rely on employer groups and trade unions to set minimum
earnings through collective bargaining.

Leverage An advantageous position that gives power to influence others and/or the ability to
change wrongful practices of the business partner that is causing or contributing to a
negative impact.

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Management Co-ordinated activities to establish and achieve defined objectives. The term
management can also refer to a person or group of persons with authority and
responsibility to conduct and control a business enterprise or business entity.

Monitoring Monitoring process is a systematic approach, which enables business enterprises to


measure and analyse social performance to identify critical problems pro-actively and use
Process
data to make decisions that will improve the quality and efficiency of its Corporate Social
Responsibility. For the purpose of the BSCI, the monitoring process is mainly conducted
by means of BSCI audits.

Ordinary FTA These are companies with commercial and related trade activities worldwide and trade
associations. Ordinary members have full membership rights.
members

Personal Personal protective equipment (PPE) refers to protective clothing, helmets, goggles, or
other garments or equipment designed to protect the wearer's body from injury.
Protection
Protective equipment may be worn for job-related occupational safety and health
Equipment reasons. The purpose of personal protective equipment is to reduce employee exposure
to hazards when engineering and administrative controls are not feasible or effective to
(PPE) reduce these risks to acceptable levels.

Primary A systematic audit approach developed by the BSCI in order to assess social
performance of an auditee, which may consist of several production units (regardless if
Production
they are legally separate entities or not). It monitors the effectiveness of the measures
Audit taken by the main auditee and cross verifies such measures on a random production
Methodology units sample covered by the same audit.

An audit using this methodology can take place only if (i) The auditee has taken the
responsibility to engage and monitor its business partners prior to the BSCI audit and (ii)
the auditee has set up a functioning Internal Social Management System (ISMS) to
ensure its business partners work towards observance of the values and principles in the
BSCI Code of Conduct.

Typically, this methodology is used to monitor agricultural undertakings, which tend to be


structured in a pyramidal way (e.g. several farms delivering vegetables to a packing
house). However, the methodology can be used to monitor the BSCI cascade effect from
a certain business enterprise toward its different business partners (e.g. a factory
monitoring a network of small production units). BSCI audits that are conducted by using
this methodology are to be reported under the Primary Production Commitment formula.

Prisoner Labour A form of unfree labour. The term may refer to two different notions: labour as a form of
punishment and labour as a form of occupation of convicts.

Producer For the purpose of the BSCI, a producer is a business partner in the supply chain of a
BSCI Participant that manufactures a good (food or non-food) or produces raw material,
using labour and machines, tools, chemical and biological processing, or formulation.

Responsibility The active role assumed by BSCI Participants that adhere to the BSCI Code to take an
active role in working together with their business partners (particularly producers) to lead
them through the improvement process. It relies on the ability of BSCI Participants to act
or decide upon the spirit, values and principles set in the Code of Conduct, without need
for supervision.

Risk A measure of the probability that damage to life, health, property, and/or the environment
will occur as a result of a given hazard. Risk is measured in terms of impact and
likelihood.

Risk A formal estimation of the likelihood of suffering damage as a result of identified


hazards. A risk assessment is an integral part of the BSCI implementation both for BSCI
Assessment
Participants and their business partners. It allows them to manage and plan their
activities within the BSCI. They may study the probability, the impact, and the effect of
every known risk on the project, as well as the corrective action to take should a risk

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occur.

Seasonal worker A worker who works on a short-term basis or only works in certain seasons. In the
context of a BSCI audit, they are reported as temporary workers, odd-jobbers or casual
workers.

Self- The process by which a person or organisation plans, organises, executes and
evaluates its actions and determines the level of performance achieved.
Assessment
In the context of the BSCI, it is the process of gathering information in order to prepare for
the implementation. The BSCI provides producers with self-assessment questionnaires
to be used for this purpose. The information collected in these documents is a self-
declaration and cannot be compared to an audit.

Social Global standard-setting, not-for-profit human rights organisation, that aims at improving
workplaces.
Accountability
International SAI has developed the SA8000 certification standard for social accountability, which is
a BSCI “best practice for the industry” benchmark.
(SAI)

Social SA8000 is a voluntary standard and can be applied to any size of organisation or
business across all industries. The objective of SA8000 is to ensure ethical sourcing of
Accountability
goods and services. The standard can replace or augment business enterprise or
8000 industry specific social accountability codes. SA8000 sets basic standards for: child
labour, forced labour, health and safety, freedom of association and the right to collective
bargaining, discrimination, disciplinary practices, working hours, remuneration and
management systems.

Social Social Accountability Accreditation Services (SAAS) is an accreditation agency founded


to accredit and monitor organisations as certifiers of compliance with social standards,
Accountability
including the Social Accountability 8000 standard for ethical working conditions. SAAS
Accreditation began work as a department within Social Accountability International (SAI) in 1997 and
Services was formally established as its own not-for-profit organisation in 2007.

Social Benefit A benefit payable under a social security system.

Social Dialogue A process of exchange between social partners to promote consultation, dialogue and
collective bargaining.

Social Policy A written document that sets out the global intentions and business orientation of a
company with respect to a social standard and its requirements. The BSCI requests
business enterprises to create such a document to develop the content of the BSCI Code
of Conduct and Terms of Implementation.

Sphere of For the purpose of the BSCI, it refers to the influential power a business enterprise has
towards its business partners to enforce the responsibilities embedded in the BSCI Code
Influence
of Conduct. The sphere and magnitude of influence results from the influential power
(coercive, institutional, inspirational) and the position of the business enterprise in the
different commercial networks (crucial interest network; direct contacts network; active
network; lost network; future network).

Stakeholder An individual, community or organisation that is affected by and may affect some aspect
of an organisation’s products, operations, markets, industries, and outcomes.
Stakeholders may be internal (for example, employees) or external (for example,
customers, suppliers, shareholders, financiers, trade unions, NGOs, the media, the
government or the local community).

Subcontractor An individual or legal entity that signs a contract to perform part or all of the obligations of
another's contract. For the purpose of the BSCI, it refers to the business partner which is

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appointed by the producer, to take over - fully or partly - the final production of goods.

Sub-supplier For the purpose of the BSCI, sub-supplier refers to the business enterprise that
contributes with goods to the producer or its subcontractors. However, sub-suppliers do
not perform the contractual obligations of the producer.

Supplier A vendor or a supplier is an individual or legal entity that contributes goods or services in
a supply chain. They may or may not function as distributors of goods. They may or may
not function as manufacturers of goods. They may not own the goods (e.g. agents,
traders). They may own the goods (importers).

Supply chain Coordinated system of organisations, people, activities, information and resources
involved in moving a product or service in physical or virtual manner from supplier to
customer. For the purpose of the BSCI, the supply chain is made up of the BSCI
Participant’s significant business partners.

Terms of For the purpose of the BSCI, the Terms of Implementation (ToI) are annexed documents
to the BSCI Code of Conduct, which describe the specific commitments inherent to the
Implementation
implementation of the BSCI Code of Conduct. There are three separate terms of
(TOI) implementation: a) for BSCI Participants; b) for BSCI Participants’ business partners
which are not included in the monitoring process; c) for BSCI Participants’ business
partners which are included in the monitoring process. Once signed, these Terms of
Implementation act as a unilateral contract entered by the business partner and/or
producer. As such, any breach of the Terms of Implementation clauses may give rise to
contractual liability.

Trade Union An organisation of workers who have freely banded together to achieve common goals
and better working conditions. The trade union, through its leadership, bargains with the
employer on behalf of union members (rank and file members) and negotiates labour
contracts (collective bargaining) with employers. The most common purpose of these
associations or unions is "maintaining or improving the conditions of their employment.”
This may include the negotiation of wages, work rules, complaint procedures, rules
governing hiring, firing and promotion of workers, benefits, workplace safety and policies.

Third Party As per the BSCI Terms of Implementation for business partners, “third party partner” is
the business enterprise that has a business relationship with a business partner. It is the
Partner
business partner of the signatory business partner. The term is only used in the BSCI
Terms of Implementation for business partners to make a clear distinction between the
signatory business partner and the one addressed as a third party. However, third party
partners are the same actors as defined under “business partner”.

Wage earners Workers of a business enterprise that do not receive a salary on a regular basis
(according to the local law) but are paid on the basis of the number of units produced.
They may not be considered regular workers, but they are part of the business enterprise
structure from a factual perspective. They are reported in the BSCI Audit Questionnaire
as “production based workers”.

Worker A person working for a business enterprise independent of her/his function, whether
directly employed, contracted or otherwise in terms of her/his relationship to the business
enterprise.

Young Worker Any working person who is older than a child (see definition), but less than 18 years of
age who is no longer subject to compulsory full-time schooling under national law. The
extension of this status can be defined by different political instruments aiming at
expanding youth protection.

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The Business Social Compliance Initiative is a leading business-driven initiative for companies
committed to improving working conditions in factories and farms worldwide. We unite more
than 1000 companies around a development-oriented system applicable to all sectors and
sourcing countries.

Business Social Compliance initiative (BSCI)


Av. De Cortenbergh, 172
1000 Brussels
Belgium
Tel: +32-2-762 05 51
Fax: +32-2-762 75 06
info@bsci-intl.org
www.bsci-intl.org

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BSCI Reference1

The United Nations Universal Declaration of Human Rights (1948); the


International Labour Organisation’s Tripartite Declaration of Principles
concerning Multinational Enterprises and Social Policy (1977); The Global
Compact (2000); the UN Guidelines for Business and Human Rights (2011)
and the Guidelines for Multinational Enterprises developed by the
Organisation for Economic Co-operation and Development (OECD) (2011) all
define the most accepted frameworks for responsible business enterprises.

I. ILO Conventions
The International Labour Organisation (ILO), whose tripartite structure includes
representatives of governments, employers and workers, holds the responsibility for setting
international labour standards and it is the legitimate source for international labour standards
and their interpretation.
ILO standards are set in Conventions, having the force of international law and binding for
states that have ratified them. They also include Recommendations, which provide additional
interpretation guidance.
With the adoption of the Declaration on Fundamental Principles and Rights at Work (1998) all
ILO member states have an obligation, regardless of ratification, to respect, promote and
realise the principles contained in the Fundamental ILO Conventions.

Fundamental conventions

o Freedom of Association and Protection of the Right to Organise Convention,


1948 (No. 87)
o Right to Organise and Collective Bargaining Convention, 1949 (No. 98)
o Forced Labour Convention, 1930 (No. 29)
o Abolition of Forced Labour Convention, 1957 (No. 105)
o Minimum Age Convention, 1973 (No. 138)
o Worst Forms of Child Labour Convention, 1999 (No. 182)
o Equal Remuneration Convention, 1951 (No. 100)
o Discrimination (Employment and Occupation) Convention, 1958 (No. 111)

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The ILO's Governing Body has also designated another four conventions as "priority"
instruments, because of their importance to strengthen national institutions and capacities
that serve to promote employment and ensure compliance with labour standards. These
conventions were identified by the ILO Declaration on Social Justice for a Fair Globalization
and presented as Governance Conventions in the ILO Action Plan 2010-2016.

Governance conventions

o Labour Inspection Convention, 1947 (No. 81)


o Employment Policy Convention, 1964 (No. 122)
o Labour Inspection (Agriculture) Convention, 1969 (No. 129)
o Tripartite Consultation (International Labour Standards) Convention, 1976 (No.
144)

In addition, other ILO Conventions and Standards are particularly relevant for the BSCI and
they are the best references for the Terms of Implementation.

Below you find them organized in relation to each BSCI principle.

II. International references in the context of the


BSCI principles

The rights of Freedom of Association and Collective Bargaining

C011 - Right of Association (Agriculture) Convention, 1921

C135 - Workers' Representatives Convention, 1971

C141 - Rural Workers' Organisations Convention, 1975

C154 - Collective Bargaining Convention, 1981

R091 - Collective Agreements Recommendation, 1951

R092 - Voluntary Conciliation and Arbitration Recommendation, 1951

R143 - Workers' Representatives Recommendation, 1971

R158 - Labour Administration Recommendation, 1978

No discrimination

C156 - Workers with Family Responsibilities Convention, 1981

C159 – Vocational Rehabilitation and Employment (Disable Persons)

R165 - Workers with Family Responsibilities Recommendation, 1981

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Fair Remuneration

C095 - Protection of Wages Convention, 1949

C100 - Equal Remuneration Convention, 1951

C131- Minimum Wage Fixing Convention, 1970

R085 - Protection of Wages Recommendation, 1949

R135 - Minimum Wage Fixing Recommendation, 1970

R180 - Protection of Workers' Claims (Employer's Insolvency) Recommendation, 1992

Decent Working Hours

C001 - Hours of Work (Industry) Convention, 1919

C014 - Weekly Rest (Industry) Convention, 1921

C132 - Holidays with Pay Convention (Revised), 1970

C101 – Holidays with Pay (Agriculture) Convention, 1952

C171 - Night Work Convention, 1990

C110 – Plantation Convention, 1958

R116 - Reduction of Hours of Work Recommendation, 1962

R110 - Plantations Recommendation, 1958

Occupational Health and Safety

C148 - Working Environment (Air Pollution, Noise and Vibration) Convention, 1977C155 -
Occupational Safety and Health Convention, 1981

C183 - Maternity Protection Convention, 2000

C184 - Safety and Health in Agriculture Convention, 2001

C187 - Promotional Framework for Occupational Safety and Health Convention, 2006

C188 - Work in Fishing Convention, 2007

R164 - Occupational Safety and Health Recommendation, 1981

No Child labour

C131- Minimum Wage Fixing Convention


R014 - Night Work of Children and Young Persons (Agriculture), 1921

R190 - Worst Forms of Child Labour Recommendation, 1999

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Special Protection for Young Workers

C010 - Minimum Age (Agriculture) Convention, 1921

C016 - Medical Examination of Young Persons (Sea) Convention, 1921

C077 - Medical Examination of Young Persons (Industry) Convention, 1946

R014 - Night Work of Children and Young Persons (Agriculture), 1921


R146 - Minimum Age Recommendation, 1973

No Precarious Employment

C024 - Sickness Insurance (Industry) Convention, 1927

C025 - Sickness Insurance (Agriculture) Convention, 1927

C095 - Protection of Wages Convention, 1949

C117 - Social Policy (Basic Aims and Standards) Convention, 1962

C158 - Termination of Employment Convention, 1982

C175 - Part-Time Work Convention, 1994

C177 - Home Work Convention, 1996

C181 - Private Employment Agencies Convention, 1997

No Bounded Labour
(See Fundamental Conventions)

Protection of the Environment

Ethical Business Behaviour

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III. Other relevant sources


o United Nations Universal Declaration of Human Rights (1948) :
http://www.un.org/en/documents/udhr/

o The International Labour Organisation’s Tripartite Declaration of Principles


concerning Multinational Enterprises and Social Policy (1977):
http://www.ilo.org/empent/Publications/WCMS_094386/lang--en/index.htm

o UN Global Compact :
http://www.unglobalcompact.org/AboutTheGC/tools_resources/index.html

o UN Children’s Rights and Business Principles


http://www.unglobalcompact.org/issues/human_rights/childrens_principles.html

o OECD Guidelines for Multinational Enterprises (2011)


http://www.oecd.org/daf/inv/mne/oecdguidelinesformultinationalenterprises.htm

o UN Guiding Principles on Business and Human Rights (2011):


http://www.ohchr.org/Documents/Publications/GuidingPrinciplesBusinessHR_EN.pdf

o Human Rights Translated: A reference Guide for Business (2008)


http://human-rights.unglobalcompact.org/doc/human_rights_translated.pdf

o UN Convention against Corruption:


http://www.unodc.org/documents/treaties/UNCAC/Publications/Convention/08-
50026_E.pdf

o Fight against corruption e-learning tool:


http://thefightagainstcorruption.org/certificate/

o ILO safework:
http://www.ilo.org/safework/cis/lang--en/index.htm#a2

o ILO helpdesk:
http://www.ilo.org/empent/areas/business-helpdesk/lang--en/index.htm

o ILO Code of practice of safety and health in agriculture, 2010:


http://www.ilo.org/wcmsp5/groups/public/---dgreports/---dcomm/---
publ/documents/publication/wcms_159457.pdf

o ILO Plan of Action 2010- 2016: Towards widespread ratification and effective
implementation of the governance Conventions:
http://www.ilo.org/wcmsp5/groups/public/@ed_norm/@normes/documents/publication
/wcms_156431.pdf

o Social Accountability International


http://www.sa-intl.org/index.cfm?fuseaction=Page.ViewPage&PageID=937

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The Business Social Compliance Initiative is a leading business-driven initiative for companies
committed to improving working conditions in factories and farms worldwide. We unite more
than 1000 companies around a development-oriented system applicable to all sectors and
sourcing countries.

Business Social Compliance initiative (BSCI)


Av. De Cortenbergh, 172
1000 Brussels
Belgium
Tel: +32-2-762 05 51
Fax: +32-2-762 75 06
info@bsci-intl.org
www.bsci-intl.org

© Copyright FTA 2014 BSCI Reference - Public Document V. 1/2014 6/6


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PART V – ANNEX 10 How Business Enterprises are Involved in BSCI PAGE 373

ANNEX 10 – HOW BUSINESS ENTERPRISES ARE


INVOLVED IN BSCI

Option 1

A member of FTA endorses


Receives Welcome package
BSCI and becomes a BSCI
from BSCI Secretariat
Participant

Welcome Package
BSCI Participant • Code of Conduct
and Appendices
• System Manual
Promotes the BSCI Code of
Conduct in its own supply chain

Mapping and Scoping of its Business


Partners in its supply chain
Analyses and Asseses each
Business Partner

Risk Analysis / Due Diligence

No further Is the Business partner


NO
action significant?
YES
Option 2 Option 3
Monitoring Decision
Business Partner receives Business Partner receives
Welcome package from Welcome package from
BSCI Participant Business partner has a BSCI Participant
NO
production site?
Welcome Package Welcome Package
YES
• Code of Conduct • Code of Conduct
and Appendices Business partner has other and Appendices
• System Manual social audit/certificate YES • System Manual
equivalent to BSCI?
NO
Business Partner of a BSCI Business Partner of a BSCI
Participant: Business partner has Participant:
a trustworthy Social YES
• Agrees to the Code of • Agrees to the Code of
Conduct and the Terms Performance? Conduct and the Terms
of Implementation for NO of Implementation for
Business Partners to Business Partners to
Does NOT be involved in the BSCI
be involved in the BSCI Monitoring
monitoring process monitor monitoring process
• Commits to • Commits to
consequently identify consequently identify
its own significant its own significant
business partners Significant Significant business partners
relevant for the BSCI Business Partner Business Partner relevant for the BSCI
participant (“Cascade Monitored Participant (“Cascade
Effect”) Unmonitored Effect”)

Agrees to be involved in the Agrees to regulary provide
Not agreeing to endorse the Code BSCI monitoring process evidence of compliance
or Terms of Implementation can
jeopardise the business relation
with the BSCI Participant
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ANNEX 11 – THE BSCI COMMITMENT FORMULA


PROVISIONAL VERSION 2016

Coming soon
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ACKNOWLEDGEMENTS

The BSCI System Manual could not have been realised without the great support of the BSCI Governance
Bodies.

The BSCI Secretariat would like to acknowledge the contributions of the following individuals and their
affiliated organisations:

Auditing WG: Aldin Hilbrands (Royal Ahold), Pirjo Heiskanen (Tuko Logistics), Lary Brown (Esprit), Margaret
Chan (Metro Group), Anke Ehlers (Aldi Süd), Marc Hörburger (Walser Group), Philipp Ilbertz (Aldi Nord),
Annette Koch (Gerry Weber),Klaas Gerd Nuttbohm (Aldi Süd), Camilla Sandberg (RNB), Anna-Leena Teppo
(Marimekko), Rochelle Zaïd (SAAS)

Capacity Building WG: Regina Wenzel (Karstadt), Lary Brown (Esprit), Tina Ivarsson (Iduna), Kaman Kwan
(Karstadt), Gry Oexenholt (Dansk Supermarked), Ken Daniel Petersen (IC Companys), Maik Stockmann (L.A.
Sports), Federica Süβ (Gries Deco Company), Astrid Walter (Miles GmbH), Pia Westergreen (JYSK)

Food and Primary Production WG: Leon Mol (Royal Ahold),Vanessa Baumes (REWE Group), Perihan Demir
(Metro Group), Tina Hildebrandt (Edeka), Ben Horsbrugh (Univeg), Charlotte Lommel (Clama), Josef Lüneburg-
Wolthaus (REWE Group), Tuuli Luoma (Kesko), Koen Maes (Special Fruits), Chris Meskens (Morubel), Goran
Klintberg (Systembolaget),Valentine Papeians (Delhaize Group), André Radlinsky (Migros), Raphael Schilling
(Coop Switzerland), Fabian Schlesinger (Aldi Nord).

System WG: Marjut Lovio (Kesko), Kristina Areskog Bjurling (Axfood), Maren Barthel (Hermes-OTTO
International), Erik Hollman (Aldi Nord), Günther Kabbe (REWE Group), Claudia Landgraf (TOM TAILOR GROUP),
Marius Lang (Migros), Niels Hother Madsen (JYSK / Bettenwelt), Reidar Magnus (Intersport), Nina von
Radowitz (Metro Group), Eckhard Spanier (Peek & Cloppenburg), Anna Vetsch (Coop Switzerland).

The Stakeholder Council: Daria Cibrario (Chair - ECLT Foundation), Simone De Colle (IESEG School of Business,
Paris), Carien Duisterwinkel (Solidaridad), Mattias Forsberg (Save the Children), Anthony Miller (UNCTAD),
Bo Viktor Nylund (UNICEF), Christian Rousseau (Test-achats), Alice Tepper Marlin (Vice-chair - Social
Accountability International), Luc van Liedekerke (European Business Ethics Network)

The BSCI Steering Committee: Bernardo Cruza (Chair - El Corte Inglés), Maren Barthel (Boehm) (Vice-chair
- Otto Group), Monique Ansink (EXCELLENT Products BV), Lary Brown (Esprit), Anke Ehlers (ALDI Süd), Anita
Falkenek (Axstores, Ahléns), Pirjo Heiskanen (Tuko Logistics), Megan Hellstedt (Delhaize Group)

Content and coordination: Veronica Rubio, BSCI Senior Manager Strategic Issues; Anastasia Spathi,
BSCI Auditing Manager; Olga Orozco, BSCI Senior Advisor.
BSCI - Business Social Compliance Initiative

c/o FTA - Foreign Trade Association


Av. De Cortenbergh, 172
1000 Brussels
Belgium

Tel: 0032-2-762 05 51
Fax: +32-2-762 75 06

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