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Indicator 3.6.2
Requirement
The UoC shall allow all employees to engage in collective bargaining. An exception applies where this is restricted by applicable law, in which case the UoC shall allow alternative lawful mechanisms for employee engagement.
How Do I Interpret This Requirement?
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Collective bargaining:
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is a voluntary negotiation between employers and workers organisations to establish the terms and conditions of employment by means of written collective agreements
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aims to reach a collective agreement, however, if bargaining is undertaken in good faith but an agreement cannot be reached, this may still comply with the requirement
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includes mutually agreed conditions that may be beneficial to workers and/or the management, for example, collective bargaining may mean that workers are:
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paid a higher wage other than the minimum prescribed by law
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work a different shift pattern that both workers and management agree is more appropriate to their context.
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Allowing employees to engage in this process includes ensuring that they understand:
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what collective bargaining is
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that they have the right to engage in it.
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Ensuring employees understand this can form part of training on the human rights policy (Indicator 3.1.4).
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The term ‘lawful mechanism’ means a legal process.
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In countries where collective bargaining is restricted by law, the management must allow workers to have parallel means to engage in discussion and negotiation between employees and employers.
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Evidence of Implementation
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documents, records or other evidence that show how sites have informed their employees that they are free to bargain collectively, such as:
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employee contract
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employee handbook
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training records
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written policy
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displayed information on the site
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any collective bargaining agreements that are in place
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meeting minutes of collective bargaining negotiations.
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Auditors Should Confirm
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documents, records or other evidence allow for verifying that sites have informed their employees that they are free to bargain collectively;
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any collective bargaining agreements in place are being followed;
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employees’ awareness and knowledge of their right to bargain collectively;
Indicator 3.6.1
Requirement
The UoC shall allow all employees to join or form a trade union or worker organisation. An exception applies where this is restricted by applicable law, in which case the UoC shall allow alternative lawful mechanisms for employee engagement.
How Do I Interpret This Requirement?
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A trade union or worker organisation represents workers’ labour interests and concerns.
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Employees are allowed to choose:
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whether or not to become a member of a trade union or worker organisation
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which organisation they choose.
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Freedom of association enable employees to:
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collectively advocate for their rights
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negotiate employment terms and conditions
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address workplace grievances effectively.
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These practices make them less vulnerable to unfair and exploitative practices in the workplace.
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Allowing employees to engage in this process includes ensuring that they understand:
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what freedom of association is
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that they have the right to engage in it.
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In cases in which national regulation does not reference migrant employees or does not allow them to join trade unions, the UoC must allow and should encourage them to form an internal employees’ committee that meets periodically and represents migrant employees.
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The term ‘lawful mechanism’ means a legal process.
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In countries where the right to freedom of association is restricted by law, the management must allow employees to choose to have parallel means of association.
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For example, employees can develop an internal employee committee that meets periodically and represents the diversity of employees.
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Evidence of Implementation
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documents, records or other evidence that show how sites have informed their employees that they are free to join or form workers’ organisations of their own choosing, such as:
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employee contracts
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employee handbook
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training records
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written policy
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displayed information on the site
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documents that show how sites have informed their employees of the right to join an alternative organisation
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meeting minutes of alternative organisations.
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Auditors Should Confirm
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whether local laws and regulations permit freedom of association;
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employees’ awareness and knowledge of their right to join trade unions and other workers organisations;
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information from documents and records match with information from employee interviews;
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employee knowledge and awareness on:
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their right to form or join an alternative worker organisation
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their ability to form or join a workers’ organisation, and/or any barriers to doing so.
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Useful Resources
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FOA & worker representation: company guidance. Ethical Trading Initiative.
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Q&As on Business and freedom of association. International Labour Organisation (ILO).
Indicator 3.5.23
Requirement
The UoC shall ensure that commercial divers undergo annual medical tests to confirm they are fit to dive.
How Do I Interpret This Requirement?
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By ensuring that divers are healthy enough to dive, this minimises the risk of negative impacts to their health and safety during dives.
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If a diver has been subcontracted from a diving company, the UoC can ensure that the diving company have taken responsibility for the medical tests.
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Some countries have requirements that medical professionals have to undergo particular training or have particular qualifications to confirm someone’s fitness to work as a commercial diver.
Evidence of Implementation
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records of medical certificates of fitness to dive, signed by a qualified medical professional.
Auditors Should Confirm
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management understand the importance of divers being medically fit and healthy;
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management are able to confirm that all divers are medically fit to dive, whether they have been directly employed or are subcontracted through a diving company.
Indicator 3.5.22
Requirement
The UoC shall ensure that any person involved in commercial diving activities holds commercial diver certification through an accredited organisation.
How Do I Interpret This Requirement?
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Different countries have different certifications for commercial diving, but a normal scuba certification is not and should never be accepted as adequate commercial diver training.
Evidence of Implementation
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commercial diver certificates for all commercial divers working at the UoC.
Auditors Should Confirm
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management understand the relevant qualifications that divers should have to be allowed to dive commercially;
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management are able to confirm that all divers are properly certified, whether they have been directly employed or are subcontracted through a diving company.
Indicator 3.5.21
Requirement
The UoC shall log all commercial diving activities and maintain records, including a list of any persons involved.
How Do I Interpret This Requirement?
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Commercial divers are professional divers who engage in underwater operations and have specific skills and qualifications.
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Through keeping records of commercial diving activities, the UoC can:
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monitor time spent diving
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ensure qualifications of commercial divers
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ensure that appropriate health and safety measures are in place.
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The types of records to keep depends on local regulations and the type of dive certification. At a minimum, records include:
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dives
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time
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depth
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surface time
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associated dive table records.
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This is usually recorded with a dive safety checklist.
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These records are also used for the daily diving plan.
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Evidence of Implementation
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complete diving records
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list of persons involved in diving at the UoC.
Auditors Should Confirm
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diving records are properly maintained for each dive and are up-to-date.
Indicator 3.5.20
Requirement
The UoC shall ensure that machinery and equipment: a) is compliant with applicable legal regulations or other recognised standards; and b) is safely installed, maintained and safeguarded; and c) is only operated by trained employees.
How Do I Interpret This Requirement?
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Accidents and injuries involving machinery and equipment can arise from:
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misuse
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malfunctioning
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bypassing, disabling or malfunctioning safety features.
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All machinery and equipment should be:
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compliant with national or other recognised health and safety standards
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appropriately installed, maintained and safeguarded.
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Only employees trained to use machinery and equipment are permitted to operate it.
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Examples of improper use of machinery may include:
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bypassing or disabling emergency stop buttons, guards or interlocks to speed up processes
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overloading equipment and machinery beyond its capacity
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using equipment for a purpose it is not intended for
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making unauthorised modifications
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ignoring or disabling safety signals.
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Safely installed usually includes being installed according to manufacturer’s instructions.
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Safeguarded means that any warning notices and operational guidance are in place for the machinery and equipment.
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Evidence of Implementation
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records of who is trained to use the machinery or equipment
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maintenance records for machinery and equipment
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instruction manuals for the use of equipment.
Auditors Should Confirm
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employees understand who is allowed to operate the machinery and equipment;
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the UoC has a process in place to ensure the maintenance and upkeep of the machinery and equipment.
Indicator 3.5.19
Requirement
The UoC shall ensure that all buildings and structures on the site are safe to use through adequate construction, maintenance and repair.
How Do I Interpret This Requirement?
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Without adequate construction, maintenance and repair, buildings could collapse if subjected to external forces, which could have devastating results.
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Materials can wear out over time, so continuous inspection and testing structures is important.
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Ensuring adequate construction, maintenance and repair involves regular monitoring by a knowledgeable, designated person, and maintenance and repair.
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Understanding when and by whom construction, maintenance and repair should be checked is a result of the health and safety risk assessment (Indicator 3.5.1).
Evidence of Implementation
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documentation about any surveys or construction carried out at the UoC
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maintenance records.
Auditors Should Confirm
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someone at the UoC is responsible for the wear and tear of the building and for overseeing any construction and maintenance work and has the resources to carry out needed works.
Indicator 3.5.18
Requirement
The UoC shall provide access to an appropriate and clean area to prepare food and eat during breaks.
How Do I Interpret This Requirement?
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The provision of a clean area to prepare food is important for employees’ health and for reducing the risk of illness.
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In warm climates, there should be adequate shade for employees to have their breaks in.
Evidence of Implementation
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available place to prepare food and eat.
Auditors Should Confirm
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employees are able to prepare food and eat in a clean and hygienic space.
Indicator 3.5.17
Requirement
The UoC shall provide access to free, clearly labelled, drinking water.
How Do I Interpret This Requirement?
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Access to drinking water is essential for employees’ health and the UoC is responsible for ensuring that:
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employees know where they can access water
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the water is clean and appropriate for drinking
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employees are not charged for drinking water.
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Access to drinking water is particularly important in extreme heat and the UoC should be aware that they may need to provide more regular breaks and more opportunities for drinking water in hot weather.
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Evidence of Implementation
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available drinking water stations around the site.
Auditors Should Confirm
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employees understand that they are free to access drinking water and they know where they can find it.
Indicator 3.5.16
Requirement
The UoC shall provide access to appropriate sanitary facilities that: a) are clean and hygienic; and b) include adequate privacy measures; and c) include separation by gender if required; and d) are sufficient for the number of people using them.
How Do I Interpret This Requirement?
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Sanitary facilities:
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are clean
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are dry
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are warm
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have a source of ventilation (e.g. a window or fan)
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have adequate lighting
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have doors that close and lock for privacy.
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Facilities include one of the following:
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pit latrines
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flush toilets
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urinals.
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Taps and running water are also available.
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For women, facilities for safe disposal of sanitary products are provided.
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Facilities are constructed of hard materials that are easy to clean.
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Waste and wastewater are regularly disposed of in accordance with Criterion 2.11: Material Use, Waste and Pollution Control.
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They are separated by gender, where required.
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Evidence of Implementation
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presence of clean and appropriate sanitary facilities that are accessible to all employees
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records of cleaning services.
Auditors Should Confirm
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employees report that sanitary facilities are appropriate and they are able to access them without issue;
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it is clear who has the responsibility for cleaning the facilities and that this happens on a regular basis.
