Himachal Pradesh State Roads Transformation Program (Under funding assistance of The World Bank) LABOR MANAGEMENT PROCEDURE June 2020 HIMACHAL PRADESH ROAD & OTHER INFRASTRUCTURE DEVELOPMENT CORPORATION LTD. (Government of Himachal Pradesh Undertaking) (An ISO 9001:2008 QMS & ISO 14001:2004 EMS conforming company) Official Use Table of Contents Abbreviations and Acronyms..................................................................................................................... 3 Executive Summary................................................................................................................................... 4 1.0 Project Description ....................................................................................................................... 7 2.0 Assessment of Key Potential Labor Risks ................................................................................... 13 3.0 Brief Overview of Labor Legislation: Terms and Conditions ...................................................... 16 4.0 Brief Overview of Labor Legislation: Occupational Safety and Health ....................................... 17 5.0 Responsible Staff ........................................................................................................................ 19 6.0 Policies and Procedures .............................................................................................................. 22 7.0 Age of Employment .................................................................................................................... 29 8.0 Terms and Conditions ................................................................................................................. 30 9.0 Grievance Mechanism ................................................................................................................ 32 10.0 Contractor Management ............................................................................................................ 33 11.0 Community Workers................................................................................................................... 35 2|Page Official Use ABBREVIATIONS AND ACRONYMS DC District Commissioner ESIA Environmental and Social Impact Assessment ESF Environment and Social Framework ESS Environment and Social Standard GoI Government of India GoHP Government of Himachal Pradesh GRM Grievances Redress Mechanism GBV Gender Based Violence HPPWD Himachal Pradesh Public Works Department HPDOT Himachal Pradesh Directorate of Transportation HPMVA Himachal Pradesh Motor Vehicle Administration HPSRTP Himachal Pradesh State Road Transformation Project LMP Labor Management Procedure PMC Project Management Consultant SEP Stakeholder Engagement Plan SDO Social Development Officer WB The World Bank 3|Page Official Use Executive Summary Project Description Himachal Pradesh State Roads Transformation Program (HPSRTP) aims to enhance the efficiency of the transportation and road safety institutions and improve priority Major District Roads to stimulate horticulture and overall economic growth in Himachal Pradesh. The project’s components include: Component 1: Building HP’s Transport and Logistics Institutions, and Resilience; Component 2. Improving fruit belts stimulating HP’s horticulture and overall economic growth; and Component 3: Enhancing Road Safety, including Promoting the ‘Safe System’ and Promoting Safe Corridor initiative. HPSRTP constitute widening /upgradation of 5 state roads with a cumulative length of 128 km and providing Long-Term Performance Based Maintenance Contracts (LTPBMC) for another 6 state roads with a cumulative length of 158 kms. Assessment of Key potential Labor risks The ESIA studies identified influx of workers and followers as important project activity with potential environmental and social impacts on local communities, as well as occupational health and safety of project workers. HPRIDC will contract agencies to undertake civil works, agencies/firms to support core- functions; and other implementation support partners for implementation of HPSRTP, and these could be from anywhere within the State or other states within India. The project is estimated to require 2380 Project Workers comprising 30 direct workers, 2250 contracted workers, and 100 community workers. These studies indicated the potential for risks and impacts on the workers, who would be engaged for various construction works under HPSRTP as well as risks on health and safety aspects of community around the project roads. Key ones are: occupational health and safety issues due to over exposure to dust, noise levels, chemicals and hazardous wastes, lack/inadequate or inappropriate personnel protective gear; non-payment and disparity of wages; denial of benefits (compensation, bonus, maternity benefits etc); discrimination in employment (e.g. abrupt termination of the employment, working conditions, wages or benefits etc.; sexual harassment at work sites or workforce camps; safety and security of women workforce at work sites and within workforce campsites; and absence of a grievance mechanism to redress workers grievances. Applicable national legislation and ESS requirements To manage and mitigate all such workers related risks and impacts, a Labour Management Procedure (LMP) for the Project workers has been prepared. The LMP sets out the approach to management of labour issues in the project and meeting requirements of State and National labor law/regulations, Occupational Safety, Health and Working Condition requirements as well as the objectives of the World Bank’s ESF, 2016 and specifically objectives of ESS2: Labour and Working Conditions. The project will conform to the key national and state legislations such as: Government of India’s draft Code on Occupational Safety, Health and Working Conditions, 2019 (amalgamated 13 existing labour laws/acts) and the Himachal Pradesh Building and Other Construction Workers’ (Regulation and Employment and Condition of Services), 2008 are relating safety and health and working conditions, provisions of PPEs, protocols for reporting accidents, awareness and tool box meetings/guidance sessions to prevent accidents at work place, welfare provisions for employees at work sites, leave provisions and hours of work. Other important regulations such as The Child Labour (Prohibition and Regulation) Act, 1986; Payment of Wages Act, 1936; Equal Remuneration Act, 1979; Minimum Wages Act, 1948; (j) Workmen's Compensation Act, 1923 (Amended 2009); and Sexual Harassment at the Workplace (Prevention, Prohibition and Redressal) Act, 2013 and amendments. Hence, the existing State and National regulatory 4|Page Official Use frameworks are largely consistent with the ESS2 requirements except in case of community workers, though adherence to the provisions by respective authorities varies. In respect of COVID situation, the SOPs/key guidelines and orders issued from time to time by Central Public Works Department, Government of India and as well Public Works Department, Government of Himachal Pradesh will be applicable. Responsible Staff HPRIDC, designated by GoHP for implementation of HPSRTP will contract agencies to undertake civil works and other implementation support partners. HPRIDC will set up PMU headed by the Project Director cum Chief Engineer (PD-cum-CE) at its headquarters in Shimla, while at field level, PIUs headed by an Executive Engineer for implementation of construction packages under HPSRTP. The PD-cum-CE will be overall responsible for implementation of all construction packages and will report to the Managing Director of HPRIDC, while the PIUs will be reporting to the PD-cum-CE. The PMU and PIUs will be assisted by Project Management and Construction Supervision Consultants and other multi-disciplinary Consulting firms. Engagement and Management of Project Workers and policies and procedures The contractors and sub-contractors, who will be primarily engaging the contract workers at field level will be overseen and managed by the PIU-in-Charge under the overall guidance of Project Director at PMU. The details about engagement and management of Project Workers based on category, their role, responsible staff and locations is elaborated in the main report. It also comprises Policies and Procedures relating to i) Incidents and Accident related; ii) Occupational Health and Safety related; iii) GBV/SEAH related and iv) COVID considerations – are embedded across the all different measures through the process of contracting of workers, their accommodation, work approach, standard operating procedures at workplace for all categories of workers. Age of Employment and Terms and Conditions The Direct workers will be technically qualified, with age ranging between a minimum of 18 years and maximum 60 years. Similarly, the age of contract workers can be range between a minimum of 18 years and maximum 60 years. Under no circumstance, children less than 14 years of age will be engaged for any kind of work and is a prohibited activity as per GoI and State Government norms. The Direct workers, engaged for HPSRTP are Government Officers, whose salary and other emoluments will be in conformity to the Rules and Regulations as issued by Department of Personnel, of GoHP. The wages of consultants/personnel deployed through PMC or other consultancy firms for various studies, NGOs for RAP implementation will be determined through two stage competitive bidding. The wages of technically qualified, skilled, unskilled workers including community workers, to be engaged by the Contractor and HPRIDC will be subject to the provisions of Minimum Wages Act, 1948. HPRIDC will ensure that under no circumstances, the contractors (including sub-contractors) working under HPSRTP will engage child labour and forced labour (all forms) including bonded labour (working against an impossible debt), excessive restrictions for freedom of movement, inordinately long notice periods. This will be ensured through i) inclusion of CoC (Code of Conduct) in the contract documents; ii) ESHS performance requirements on handling workers and iii) regular monitoring and reporting by the PIU and overall guidance and directions of Project Director. Grievance Mechanism In case of direct workers, the Project Director cum Chief Engineer, HPSRTP will be responsible for redressal of worker related grievances following the State Government, Government of India Rules and Regulations and LMP provisions. For contracted workers, the contractor is obligated under the contract to set up the 5|Page Official Use GRM to redress complaints relating to workers deployed for construction works under HPSRTP. The GRM will have representatives of PIU, Project Management/Construction Supervision Consultant, Contractor, Workers and women (either from PIU/contractor/workers) and function under respective PIU. HPRIDC will have an oversight of this labor GRM. The GRM for the Workers will be set up during mobilisation phase of the contractor. Information relating to availability of GRM without any retribution, its institutional set up, timings and procedure for receiving complaints, mechanism of handling complaints, maximum time limits for redressal of complaints and escalation level for unresolved cases and resolution thereof will be disseminated to the workers on a regular basis. Contractor Management Selection of a Contractor for civil works or consultancy firms for studies, etc. is done through an open competitive online bidding process (e-procurement) having a two stage (technical and financial) evaluation process. The ESHS (Environment, Social, Health and Safety) requirements have been specified and incorporated as special conditions and performance requirements in all bid documents of contract packages under HPSRTP. Cost provisions for implementation of ESHS requirements have been built into item rates and 2% of contract value has been earmarked as ESHS performance security in the bidding documents. Further, the ESHS performance requirements incorporated in the bid documents obligate the contractor, upon mobilization, to prepare a Contractor’s ESMP (C-ESMP), which will include mitigation and management plans for risks and impacts identified in ESIA and ESMP included in the bidding document. The C-ESMP will be reviewed and approved by the PIU and PMU with recommendation from Construction Supervision and Project Management Consultants, prior to commencement of construction works. The approved C-ESMP will be reviewed periodically (but not more than every three (3) months) and updated in a timely manner, to address changed requirements, if any during project implementation. The updating of C-ESMP will also consider findings and recommendation on improving E&S performance by the Independent Verification Agency. The monitoring of performance of contractors including the implementation of C-ESMP and meeting the ESHS performance requirements by the contractor will be overseen and managed by the PIU under the overall guidance and direction of Project Director cum Chief Engineer for HPSRTP. Community Workers In case of community workers, all OHS related aspects of contract workers will be applicable to this category of workers. Engaging community workers will involve documentation of the way in which such agreement was reached on identifying and engaging community workers; activities/responsibilities that have been agreed between PIU/Contractor and community workers, terms and conditions on which community labor will be engaged, including amount and method of payment, specify the way in which community workers can raise grievances in relation to the project i.e. how the community workers are represented. roles and responsibilities for monitoring community workers. In context of COVID, community workers will be provided targeted humanitarian and health assistance or facilitated in such access of COVID related government schemes and benefits, either by PIU or Contractor, under the overall guidance of the Project Director, HPSRTP/HPRIDC, where necessary. 6|Page Official Use 1.0 Project Description GoHP’s program for transforming state level transport institutions, improving mobility and logistics for horticulture and overall economic growth in HP, connecting HP to the Bharatmala network, and enhancing Road Safety, sets the goal for the institutional transformation envisaged to be implemented under the proposed project. As such, this project will support the launching of GoHP’s program focusing on strengthening the institutional base for transportation infrastructure and logistics services administration. The proposed PDO is to enhance the efficiency of the transportation and road safety institutions and improve priority Major District Roads to stimulate horticulture and overall economic growth in Himachal Pradesh. The proposed operation comprises the following Components and sub-components: Component 1. Building HP’s Transport and Logistics Institutions, and Resilience, including: • Sub-component 1.1: Re-establishing the Himachal Pradesh Road and Infrastructure Development Corporation (HPRIDC) and building resilience. The objective is to support GoHP’s initiative to create a corporate entity responsible for the administration of HP roads and delivering safe, resilient and well performing roads supporting the horticulture and overall economic development of the State. This involves, re-establishing HPRIDC as the road asset and other public infrastructure manager, responsible for the development and maintenance of all roads and other infrastructure under the jurisdiction of the HPPWD. • Sub-component 1.2: Supporting the commercialization process of the direct labor operations and promoting competitive performance-based maintenance contracting. The objective is to support GoHP’s initiative to improve the efficiency of maintenance execution and reduce maintenance cost, by laying the ground for the full commercialization of HPPWD’s direct labor operations. • Sub-component 1.3: Establishing HP Motor Vehicle Administration (HPMVA), Strengthening the Directorate of Transportation of HPDOT and developing logistics system and strategy. The objective is to deliver efficient customer services, as well as competitive, safe and clean/less pollutant transportation in HP. Component 2. Improving fruit belts stimulating HP’s horticulture and overall economic growth: • This component will finance upgrading priority target collector roads (MDRs/OSRs). The upgrading of state priority roads connecting small holding farmers production and primary processing clusters to wholesale markets/SME clusters. Component 3: Enhancing Road Safety, including: • Sub-component 3.1: Promoting the ‘Safe System’: This support focuses on strengthening enforcement on state roads and critical accident spots along rural roads, by enhancing patrolling and establishing emergency response system. • Sub-component 3.2: Promoting the ‘Safe Corridor initiative’: The Safe Corridor initiative will support the state highway patrol by providing surveillance equipment (CCTV cameras for speed control, accident recording, etc.), variable messaging system (VMS), training the police, and establishing emergency response posts. Official Use The implementation of the core initiatives of the project is expected to result in: i) Improved efficiency of transport and logistics institutions; ii) Reduction in maintenance expenditure; iii) Reduction in transport cost for transporting products from production clusters to SME/wholesale markets along the project roads; iv) Reduction in road accident fatalities per 100,000 population in pilot areas. 1.1 Nature of Proposed project interventions The proposed Himachal Pradesh Road Transformation project funding is not only restricted to road construction and maintenance activity but includes other objectives as well. The project includes aspects such as skill transformation in road assets management, road safety management (including road safety enhancement measures, accident black spot management, reduction of road injuries and fatalities, improvement of surveillance technology etc.),improvement technology in road maintenance through bio- engineering solution for slope stability by local women group, institutional improvement of Himachal Pradesh Transport Department (includes advance driver licensing process, coordinating the development of physical and digital freight consolidation platforms and coordinating logistics companies and trucking services providers, promoting multimodal transportation, coordinating road safety initiatives and stakeholders, introduce electronic management (e-management) system by digitizing the procedure manuals for each function and deliver one stop vehicle administration services). In respect of infrastructure related interventions proposed the nature of activities in upgradation and maintenance of stare roads will involve: Upgradation activities: The proposed improvement of project roads under HPSRTP comprise concentric widening, eccentric widening and as well as geometric improvements at necessary locations with blind spots and areas prone to landslides. Project will also consider remodel of bus stops (also locally known as rain shelters) that lie en-route and wherever required. Maintenance activities: The maintenance corridors under HPSRTP comprise minor repairs work, curve improvements, blind spot improvements, etc. Specifically, it includes rehabilitation of pavements to achieve certain level, improvement of road junctions & intersections, provision of pilot ground water recharging using the road runoff & enhancement of natural springs, etc. etc. 1.2 Purpose of Labor Management Procedure The ESIA for Tranche I roads has identified the potential for risks and impacts on the Project Workers, who would be engaged for various construction works under HPSRTP as well as risks on health and safety aspects of community around the project roads. In order to manage and mitigate all related risks and impacts, a Labour Management Procedure (LMP) has been prepared for HPSRTP. The LMP sets out the approach to meet all National requirements as well as the objectives of the World Bank’s Environmental and Social Framework, specifically objectives of Environmental and Social Standard 2: Labour and Working Conditions (ESS2). 1.3 Overview of Labor Use on the Project HPRIDC will contract agencies to undertake civil works, agencies/firms to support core-functions; and other implementation support partners for implementation of HPSRTP, and these could be from anywhere within the State or other states within India. 8|Page Official Use The following categories of Project Workers will be required for Tranche I HPSRTP. 1.3.1 Number of Project Workers The present Tranche I of HPSRTP constitute 5 roads for widening /upgradation with a cumulative length of 128 km and Long-Term Performance Based Maintenance Contracts (LTPBMC) for another 6 roads with a cumulative length of 158 km. Table 1 provides an estimate of project workers for Tranche I works. Table 1: Estimate of Project Workers under HPSRTP- Tranche 1 S.No. Type of Project Workers Requirement in Numbers 1 Direct Workers 30 2 Contracted Workers 2a) Construction Workers 2050 2b) Project Management/ Construction Supervision Consultants 50 2c) Consultants for Project Preparation and other studies (e.g. DPR, ESIA, 150 Institutional Strengthening/Re-Organization Studies, Road Safety Database Management Program etc) 3 Community Workers 100 TOTAL 2380 1.3.2 Characteristics of Project Workers Characteristics are grouped into the three applicable categories – Direct Workers; Contracted Workers (Construction workers, CSC/PMC consultants and Consultants for various studies) and Community Workers. Ensuing paragraphs present details. Direct Workers: The Direct Workers will be the personnel of Public Works Department (PWD) of GoHP, on deputation to HPSRTP through HPRIDC1 and will be stationed at PMU(Project Management Unit) at Shimla and at PIUs (Project Implementation Unit) set up at field level for respective project roads/contract packages. These would be the level of Chief Engineer, Superintending Engineer, Executive Engineers, Assistant Engineers, Junior Engineers, and officials drawn other departments like Revenue Department, Finance Department, Forest Department, Labour Department among others for performing specific functions as per requirement. The PWD personnel and officials from other departments on deputation to HPSRTP will be essentially domiciles of Himachal Pradesh with age2 ranging between a minimum of 18 years and maximum 58 years. About, 20-25% of the Direct Workers is expected to be women. Contracted Workers: This category constitute different sub-categories of Contract Workers as hereunder: i. Construction Workers: The different contract packages under Tranche I of HPSRTP will require an estimated 2050 contract workers, comprising professionally qualified project managers, multidisciplinary construction managers, skilled work supervisors and technicians, skilled and unskilled construction workers(labour) and these will be deployed by Contractors of respective 1 HPRIDC (Himachal Pradesh Road and Other Infrastructure Development Corporation) is the designated nodal agency under GoHP for implementation of HPSRTP in Himachal Pradesh. 2 GoHP has stipulation of minimum 18 years age for recruitment and superannuate its employees at the age of 58 years, irrespective of education and recruitment level/position 9|Page Official Use packages. Among these, skilled and unskilled workers or labour constitute nearly 75-80%, whereas skilled work supervisors and technicians constitute less than 10% and the project managers and multidisciplinary construction managers constitute less than 5%. Among the contract workers, the skilled and unskilled construction workers will be largely migrants, belonging to other states, and many of these even may have temporary homes in Himachal Pradesh and return to their homes after work, while some of them may choose to stay at workforce camps set by the contractors. The qualified contract workers could also be migrants (from outside of Himachal Pradesh), although deployment of personnel from Himachal Pradesh, meeting the work requirements is possible. The skilled and unskilled workers will be normally sourced through registered labor contractors, as a standard operating practice. The age of the technically qualified and or skilled contract workers can range between a minimum of 18 years and maximum 60 years, whereas the age of unskilled workers can range between 18 to 50 years and in no case it can be expected to exceed 60 years. It is possible that some of the managerial or supervisory level contract workers deployed by contractor, in exceptional cases could have a maximum age of 65 years. About 15 % of the contract workers is expected to be women, particularly at the level of unskilled construction workers. ii. Project Management/Construction Supervision Consultants (PMC): HPRIDC will contract PMC to assist PMU and PIUs in project implementation and construction supervision. The PMC is expected to deploy an estimated 50 workers, constituting multidisciplinary consultants/professionals over the project implementation phase ranging between 24 to 36 months. These workers will be technically qualified with a minimum age of 18 years and maximum 60 years. Some of these workers, in exceptional cases could have a maximum age of 65 years. The workers deployed by PMC will be largely migrants (from outside of Himachal Pradesh), although deployment of personnel from Himachal Pradesh, meeting the work requirements cannot be ruled out. iii. Contracted Consultants: The HPRIDC require different types of consultancy services for preparation of HPSRTP and these include Preparation of DPRs, ESIA studies, Institutional Strengthening/Re- Organization Studies, Road Safety Database Management Program among others. HPRIDC will contract different consultancy firms to undertake all such studies. The contracted consultancy firms for such studies is expected to deploy an estimated 150 workers, constituting multidisciplinary consultants/professionals over the project preparation as well as implementation phase ranging between 18 to 36 months. These contracted consultants (workers) will be technically qualified with a minimum age of 18 years and maximum 60 years. Some of these workers, in exceptional cases could have a maximum age of 65 years. The workers deployed by consultancy firms will be largely migrants (from outside of Himachal Pradesh), although deployment of personnel from Himachal Pradesh, meeting the work requirements is a possibility and cannot be ruled out. 10 | P a g e Official Use Community Workers: HPRIDC envisages engagement of workers, where the labour is provided on a voluntary basis or on payment if applicable For the purpose of fostering community driven development and to instil sense of ownership of assets created, HPRIDC intends engage local workers3 along project roads, particularly women from nearby villages/areas and deploy for non-core project interventions like up-keep of nature- based bio engineering solutions and road side vegetation, cleaning and maintenance of roadside drains and culverts etc., and road safety volunteers, etc. Ordinarily, HPRIDC intends to directly engage such workers either through women SHGs or NGOs or women co-operatives, active in project road specific areas. The workers thus engaged will be on payment basis in accordance with the wages prescribed by the Department of Labor and Employment or as mutually agreed and will be subject to the provisions of Minimum Wages Act, 1948. About 100 workers are likely to be engaged for works under HPSRTP, comprising pre-dominantly women within the age group of 30 to 60 years. 1.3.3 Timing of Labor Requirements: The deployment of contracted workers and community workers, particularly skilled and unskilled category is directly linked to the working season (7-9 months in a year), type of project construction activities (manual or machinery based) under progress at any stretch of the project roads. Of the estimated 2050 skilled and unskilled construction workers for 11 roads (5 for upgradation and 6 for maintenance) located in different districts of the state, at least 10-15% will be deployed at any given time with numbers peaking in the working season, depending upon road specific construction activities. Anticipated deployment, location, duration of project workers is given in Table 2. Table 2: Anticipated Deployment and Location of Project Workers under HPSRTP S.No. Type Numbers Locations Duration Skill Level 1 Direct Workers 30 PMU at Shimla and PIU at Throughout Executive and Project road locations Supervisory /Managerial level 2 Contracted Workers a) Construction Workers 2050 Project road locations 24-36 Varied (Executive and months Supervisory/Manageri al, skilled, semi-skilled and unskilled labour) b) Project Management/ 50 PMU at Shimla and PIU at 24-36 Executive and Construction Supervision Project road locations months Supervisory / Subject Consultants specialists c) Consultants for Project 150 PMU at Shimla, Project road 18-36 Executive Supervisor / Preparation and other studies locations within State and months Managerial and (e.g. DPR, ESIA, Institutional at respective Consultants’ Subject specialists Strengthening/Re-Organization corporate office, elsewhere Studies etc) 3 Under HPSRTP, a significant investment is earmarked for nature based (bio engineering) interventions along project roads for slope protection and erosion control, which require regular upkeep maintenance, during the operation phase. HPRIDC intends to engage local workers, particularly women, for maintenance of these nature based interventions(along with other allied works), which can serve as income generating activity for local women and concurrently enable to foster a sense of ownership of assets created under HPSRTP among local community 11 | P a g e Official Use 4 Community Workers 100 Villages/areas in the vicinity 12 months Community of the Project road (during facilitation skills locations preparation of EAP and implementa tion) 5 Total Workers 2380 1.3.4 Information on Contracted Workers: HPRIDC, through its PMU and PIUs will maintain information on engagement of contracted workers of all categories. The contractors will be contractually obligated to maintain updated information on all categories of contracted workers, especially migrant construction workers4 and periodically share the same with respective PIUs, which in turn will be available with PMU at HPRIDC. The format for submittal of information on all contract workers will be finalised during mobilization phase of the contractor. The information database on contracted workers to be maintained by the contractor will include not limited to the following5 • Name and Age (to be supported by AADHAR /Voter Card) • Father’s Name and Permanent Address • Marital Status and Name of the Spouse (if married) • Number of Children with Gender (as applicable) • Place of Stay of Spouse and Children during work engagement under HPSRTP • Address and Contact Number (in case of any emergency) • Key Skills and Years of Experience • Work activities, Schedule, Duration of Engagement • Duration of Contract and Rotation Arrangements • Facilities Arranged by Contractor including health check-ups prior to engagement, accommodation (onsite workforce camps, with local community, transportation to work site and other facilities (to be specified by Contractor) • Pre-Employment Check-ups, Fitness Tests and Health Awareness Campaign for workers The contractor will be obligated to consider the following from COVID-19 considerations. • Sensitization of all contracted workers about COVID-19, and precautions to be taken like social distance of minimum 1.5 metre during all work situations, use of face masks or cotton cloth, maintaining safe distance, use of sanitizers and frequent washing of hands, avoid spitting in public, maintain hygiene, reporting of flu like illness symptoms, avoid use of chewing gum, tobacco in all forms, and creation of isolation/quarantine rooms, for any workers showing COVID symptoms, until shifting to hospitals, among others 4 As per the past experience of HPRIDC as well as other ongoing works of Public Works Department, GoHP, influx of migrant labour from outside Himachal Pradesh, particularly from states such as Bihar, Uttar Pradesh, West Bengal and Bihar is expected for HPSRTP either directly or through labour supply contractors registered with Government of Himachal Pradesh. 5as per ESF/Safeguards Interim Note: COVID-19 considerations in construction/civil works projects dated April 7, 2020 12 | P a g e Official Use • Minimize movement in and out of site (consider extending term of existing contracts, to avoid workers returning home to affected areas, or returning to site from affected areas) • Minimize contact with people near the site (including in certain cases prohibit from leaving the site for the duration of their contract, so that contact with local communities is avoided to extent possible. Move workers to site accommodation (subject to availability) where they would be subject to the same restrictions. 2.0 Assessment of Key Potential Labor Risks 2.1 Project Activities The tranche I of HPSRTP constituting up-gradation/ widening of 5 state roads (128km) and LTPBMC works for 6 roads (158km) and scheduled to be completed between 24 to 36 months will comprise the most commonly adopted construction activities for hill roads as hereunder; • Site clearance activities including clearing and grubbing • Establishing of material stack yard, hot mix plant, concrete batch mix plants, workforce camps as per requirements • Procurement of construction materials, stacking and transportation to work sites • Hill side cutting and Valley side filling • Construction of retaining walls, breast walls, parapets, longitudinal drains etc • Levelling and consolidation of roadway formation widths • Construction of sub-base and base layers • Laying of bitumen pavement and construction of shoulders • Construction of culverts, minor and major bridges • Collection, transportation and disposal of all construction debris at approved locations • Slope stability Improvement and erosion control works along landslide/erosion prone stretches of roads through nature based(bio-engineering) interventions and developing vegetation cover for open areas within right of way • Restoration of borrow areas, campsites, material stack yard, hot mix plant, concrete batch mix plants, workforce camps, as per agreed upon restoration plan 2.2 Key Labor Risks Following are the potential risks associated with workers/labours engaged in road construction works. • Lack of training/awareness/ orientation amongst workforce and sensitizing for safety at work • Safety issues, while work at heights and working around moving equipment/machineries • Lack/Inadequate or inappropriate personnel protective gear and or safety accessories for workforce 13 | P a g e Official Use • Injuries/fatalities leading to even death, while at work during normal course, either due to negligence at work and/or inadequate experience/training or accidents • Inadequate first-aid facilities at work sites and lack of emergency response mechanism for shifting injured to hospitals and care thereof • Short and long-term effects on health due to over exposure to dust and noise levels, while at work • Long term effects on health life due to exposure to chemicals /hazardous wastes, if any • Inadequate accommodation facilities at work force camps • Lack of adequate sanitation and health facilities • Non-payment and disparity of wages • Non-payment and/ or denial of benefits (compensation, bonus, maternity benefits etc) • Discrimination in employment (e.g. abrupt termination of the employment, working conditions, wages or benefits etc.) • Engagement of child labour • Sexual harassment at work sites or workforce camps • Forced labour trafficking • Safety and security of workforce campsites • Safety and security of women workforce at work sites and within workforce campsites • Lack/Inadequate facilities for pregnant women and lactating mothers • Lack/Inadequate facilities for the children of the workforce at camp sites • Gender based violence issues within workforce camp sites • Conflicts with local community, particularly gender-based violence issues • Health risks of labour relating to HIV/AIDS and other sexually transmitted diseases • Absence or inadequate or non-responsive emergency response mechanism for rescue of workforce, during natural calamities like cloud bursts, caving in/landslides, disasters due to earthquake/floods/fire outbreak etc at operational sites and/or workforce camps In addition, other risks could be as follows: i. Unclear terms and conditions of employment (particularly for unskilled construction workers/labor) ii. Discrimination and denial of equal opportunity in hiring and promotions/incentives/training opportunities (contracted workers) iii. Denial for workers’ rights to form workers organizations, etc. (particularly for unskilled construction workers/labor) 14 | P a g e Official Use iv. Absence of a grievance mechanism for labor to seek redressal of their grievances/issues The labor risk mitigation and OHS management of workers and related issues arising during construction works will be under direct control of contractors and thus have to be managed by contractors. Therefore, ensuring effective management of OHS plan for contract workers by contractor is core to the implementation of HPSRTP by HPRIDC. The ESHS (Environment, Social, Health and Safety) requirements under HPSRTP have been specified and incorporated as special conditions and performance requirements in all bid documents of contract packages. Cost provisions for implementation of ESHS requirements have been built into the item rates, so that contractor can perform requirements in a fair and objective manner. In addition, 2% of contract amount has been earmarked as ESHS performance security in the bidding documents. Thus, the potential bidders(contractors) will be fully aware of ESHS performance requirements and accordingly price at the bidding stage itself. Refer Section 5-Responsible Staff and Section 10- Contractor Management for more details. In respect of COVID -19: Influx of migrant workers will require additional considerations. HPRIDC’s past experience indicate that construction works under HPSRTP will inevitably bring in migrant workers from other states like Uttar Pradesh, Bihar, West Bengal, Orissa, Jharkhand and Bihar. These workers could become vectors for transmission of COVID-19 to other workers in construction project sites and nearby communities. The Public Works Department, GoHP has notified Standard Operating Procedures (SOPs)/ for COVID-19 considerations. Similarly, the Central Public Works Department (CPWD) of Government of India, also has notified COVID-19 SOPs/ Guidelines at Construction works Sites (Ref Annexure 1 and 2). HPRIDC will ensure the contractor strictly adhere to these GoHP and GoI COVID -19 SOPs at all construction sites, which will cover migrant workers for pre-employment health checks including testing for COVID symptoms at approved hospitals, sensitization of all migrant workers about COVID-19, precautions like maintaining social distance of minimum 1.5 metre at work sites as well as at workforce camps, covering of face with masks/cotton cloths, use of sanitizers, frequent washing of hands, avoid spitting in public, maintain hygiene, reporting of flu-like-illness symptoms, avoid use of chewing gum, tobacco in all forms, creation of isolation/quarantine rooms for any workers reporting/showing COVID symptoms until shifting to designated COVID hospitals, controlling entry and exit from site/workplace; use of non-contact thermal scanners at entry/worker reporting points, reviewing accommodation arrangements maintain social distancing norms, providing adequate and appropriate forms of personal protective equipment (PPE) among others as part of the Contractor’s labor management plan. In case of any workers reporting COVID symptoms, contractor will arrange to immediately shift such worker to temporary isolation rooms at workforce camps, until they are shifted to designated COVID care hospitals at respective district level. HPRIDC will ensure contractor is obligated to implement all applicable SOPs for COVID at work sites and specially covering all migrant construction workers during the mobilisation phase of the contractor, as part of the approval process of Contractor’s OHSP and C-ESMP for works under HPSRTP. 15 | P a g e Official Use 3.0 Brief Overview of Labor Legislation: Terms and Conditions 3.1 Regulatory Framework The Government of India and Himachal Pradesh State Labor related regulations, which are currently in force and applicable to Tranche I roads under HPSRTP are summarised given in Table 3. Table 3 Applicable Labour Regulations to HPSRTP (Tranche I) S. No GoI Regulations/Guidelines/ Orders Stipulations /Terms and Conditions & Govt. of HP 1 Draft Code on Occupational Safety, This is a comprehensive code on Occupational Safety, Health and Health and Working Conditions, 2019 Working Conditions, and amalgamates 13 existing labour laws/acts relating to Safety and Health Standards, Health and Working Conditions 2 Building and Other construction All the establishments, which carry on building or other construction Workers’ (Regulation of employment work and employ 10 or more workers are covered under this Act. and conditions of service) Act, 1996 Employer of the establishment is required to provide safety measures and Rules 1998 and Himachal at the building or construction work and other welfare measures, such Pradesh Building and Other as canteens, first-aid facilities, ambulance, housing accommodation construction Workers’ (Regulation of for workers near the workplace, among other benefits under the employment and conditions of Rules. service) Act, 2008 3 Building and other construction Provides for levy and collection of a cess on the cost of construction workers Welfare Cess Act, 1996 incurred by employers to augmenting the resources of the Building and Other construction Workers’ welfare Board constituted under Building and Other construction workers (Regulation of employment and conditions of service) Act, 1996 4 The Child Labour (Prohibition and This Act prohibits employment of children below 14 years of age in Regulation) Act, 1986 certain occupations and provides for regulation of employment of children in all other occupations and processes. Employment of child labour is prohibited in Building and construction industry 5 Payment of Wages Act, 1936 Lays down as to by what date, wages are to be paid, when it will be paid and what deductions be made from the wages of the workers, if any 6 Payment of Gratuity Act, 1972 Gratuity is payable to an employee under the Act on satisfaction of certain conditions on separation, if an employee has completed 5 years of service with employer 7 Employees Provident Fund and Provides for monthly contributions by the employer and as well as by Miscellaneous Provision Act, 1952 workers with a provision as return of pension of a lump sum (principal and interest accrued) at the end of his/her service term). 8 Maternity Benefit Act, 1951 Provides for maternity leave for women, during pregnancy and after giving birth and some other benefits to women employees, in case of medical recommendation of bed rest or miscarriage etc. 9 Paternity Leave Entitlement Provides for paternity leave for men during wife’s pregnancy and after giving birth and in case of medical recommendation of bed rest or miscarriage etc for wife. 10 Contract Labour (Regulation and Provides for certain welfare measures to be mandatorily provided by Abolition) Act, 1948 the contractor to the contract labour. 16 | P a g e Official Use S. No GoI Regulations/Guidelines/ Orders Stipulations /Terms and Conditions & Govt. of HP 11 Equal Remuneration Act, 1979 Provides for payment of equal wages for equivalent work to male and female workers without any discrimination against women. 12 Payment of Bonus Act, 1965 Provides for payments of annual bonus subject to a minimum of 8.33% of wages and maximum of 20% of wages. 13 The Bonded Labour (Abolition) Act An Act to provide for the abolition of bonded labour system, with a 1976 view to prevent economic and physical exploitation of the weaker sections of the people and for all matters connected there with or incidental thereto 14 The Trade Union Act, 1926 Lays down the procedure for registration of trade union of workers and employers. The trade unions registered under the Act have been given certain immunities for civil and criminal liabilities. 15 Minimum Wages Act, 1948 The Act ensures payment of minimum wages as fixed by appropriate state Government as per provisions of the Act. All employers are to pay the wages not less than the fixed Minimum Wages for the state/region/union territory 16 Workmen's Compensation Act, 1923 Provides for compensation in case of injury by accident arising out of (Amended 2009) and during the course of employment 17 The Contract Labour (Regulation & Applicable for every establishment in which 20 or more workmen are Abolition) Act, 1970 and Rules employed or were employed on any day of the preceding 12 months as contract labour. 18 The Employees Provident Fund Act Every establishment, which engages in any industry specified under and Miscellaneous Provisions act, schedule 1 and in which 20 or more persons are employed are under 1952 the purview of this Act. 19 ESI Act, 1948 (Employees State Employees State Insurance Act provides for health care and Insurance Act, 1948) hospitalization benefits for construction work force 20 Inter-state Migrant Workmen’s The inter-state migrant workers, in an establishment to which the Act (Regulation of Employment and becomes applicable, are required to be provided with certain facilities Conditions of Service) Act, 1979 such as housing, medical aid, traveling expenses from home to the establishment and back etc. 21 Sexual Harassment at the Workplace The act provides for protection against sexual harassment of women (Prevention, Prohibition and at workplace and for the prevention and redressal of complaints of Redressal) Act, 2013 and sexual harassment and for matters connected therewith or incidental amendments thereto. 4.0 Brief Overview of Labor Legislation: Occupational Safety and Health 4.1 Government of India Policy Objectives The GoI’s National Policy seeks continuous improvement in Occupational Safety, Health and Working Conditions at workplaces. The policy objectives are to achieve: - a) Continuous reduction in the incidence of work-related injuries, fatalities, diseases, disasters, and loss of national assets. b) Improved coverage of work-related injuries, fatalities and diseases and provide for a more comprehensive data base for facilitating better performance and monitoring. c) Continuous enhancement of community awareness regarding safety, health and environment 17 | P a g e Official Use at workplace related areas. d) Continually increasing community expectation of workplace health and safety standards e) Improving safety, health and environment at workplace by creation of “green jobs� contributing to sustainable enterprise development. 4.2 Regulatory Framework The Government of India through the Ministry of Labour and Employment has prepared a Code on Occupational Safety, Health and Working Conditions, 2019(Draft)6 by amalgamating 13 existing labour laws/acts, mainly relating safety and health and working conditions, provisions of PPEs, protocols for reporting accidents, awareness and tool box meetings/guidance sessions to prevent accidents at work place, welfare provisions for employees at work sites, leave provisions and hours of work. The Code duly covers Building and Other Construction Workers’ to be engaged for construction works under HPSRTP and aligns with ESS2: Labor and Working Conditions, with specific reference to Para 24 to 30 with no significant gaps. The Himachal Pradesh Building and Other Construction Workers’(Regulation and Employment and Condition of Services, 2008 stipulate to project proponents to prepare the Health and Safety Policy and mandate the employer to ensure safety at work sites through use of appropriate safe practices for working , provision and use of safety gear, provision of PPEs, housing accommodation with facility for bathing, washing, periodic health checks, drinking water facilities and sanitation facilities at work sites, canteen for workers, siting criteria for establishing canteen, separate toilets for males and females, first aid facility at camps sites and work sites, day creche facilities, among others. In respect of COVID situation, the following SOPs/key guidelines and orders issued by Central Public Works Department, Government of India and as well as the guidelines/SOPs issued by the Public Works Department, Government of Himachal Pradesh will be applicable to Tranche I of HPSRTP (Ref Table 4 below and Annexure 1 and 2 for copies of orders and guidelines). Table 4 – Applicable Guidelines and Orders relating to COVID S. No Govt of India Guidelines/ SOPs of Stipulations /Terms and Conditions Government of Himachal Pradesh 1 Standard Operating Procedures (SOPs) and Guidelines cover aspects relating to safety measures for Guidelines for Construction Sites for COVID- workers, machineries, tools, and Emergency protocol in 19 Outbreak issued by Central Public Works case of detection of symptoms of COVID 19 to be Department, Government of India, May observed by Project Manager of Contractor 2020 6 The Occupational Safety, Health and Working Conditions Code, 2019 (Bill no 186 of 2019), is yet to be notified and presently under the consideration of the Parliament since Feb 2020. This is in accordance with steps initiated by GoI through the Ministry of Labour and Employment for simplification, amalgamation, and rationalization of Central Labour Laws, in tandem with 2nd National Commission on Labour. The various existing acts are being proposed to be subsumed in four major labour codes viz Code on Wages, Code on Industrial Relations, Code of Social Security and Code on Occupational Safety, Health and Working Conditions. 18 | P a g e Official Use S. No Govt of India Guidelines/ SOPs of Stipulations /Terms and Conditions Government of Himachal Pradesh 2 State Government order issued on May 2, Order gives instructions relating to attendance, thermal 2020 by Govt. of HP under clause 3 of the scanning, no-deduction of wage; holding of meetings; Himachal Pradesh Epidemic Disease (COVID frequent sanitation of workspaces 19) Amendment regulations 2020 Reference7 is made to applicable international conventions and directives for addressing health and safety issues relevant to COVID-19(see foot note 8 below). 5.0 Responsible Staff HPRIDC will set up one PMU at its headquarters in Shimla and PIUs at field level, either one PIU for each construction package or a common PIU for multiple construction packages, depending upon the road length, package size and geographical spread of project roads. The PMU will be headed by the Project Director cum Chief Engineer for HPSRTP and HPRIDC and each of the PIUs will have a PIU-in-Charge at the level of Executive Engineer for implementation of assigned construction packages. The PD cum Chief Engineer will be reporting to the Managing Director of HPRIDC and the PIUs will be reporting to the PD cum Chief Engineer. 5.1 Engagement and Management of Project Workers These are presented below: Direct Workers: All Direct Workers engaged under HPSRTP at both PMU and PIU levels will be managed and over seen by the PMU under the Project Director cum Chief Engineer for HPSRTP and HPRIDC. Other than the Project Director cum Chief Engineer, the PMU will have senior level Project Workers like HPRIDC staff or GoHP staff drafted for HPSRTP, PMC Staff supporting PMU and other specialist consultants supporting PMU, Bio-engineering specialist, NGOs appointed for implementation of RAP etc among others. All Direct Workers engaged at PIU level will be managed and over seen by the PIU-in-Charge at the level of Executive Engineer. Contracted Workers: All the Contracted Workers will be engaged by the Project Director cum Chief Engineer for HPSRTP. In case of civil works, these workers would be managed by a Project-In charge, representing contractor for respective construction package. The Project -in- charge will also manage the contracted workers of sub-contractors as well as primary suppliers for respective packages. In case of consultancy services for conducting various studies, the various consultancy teams would be managed by their respective Team Leader of the consultancy firm under the directions of the Project Director cum Chief Engineer for HPSRTP. 7i) ILO Occupational Safety and Health Convention, 1981 (No. 155); ii) ILO Occupational Health Services Convention, 1985 (No. 161); iii) ILO Safety and Health in Construction Convention, 1988 (No. 167); iv) WHO International Health Regulations, 2005; v) WHO Emergency Response Framework, 2017; and vi) EU OSH Framework Directive (Directive 89/391) 19 | P a g e Official Use On all matters of contract management at field level including the engagement and management of contract workers, the Project-in charge of respective construction package will be reporting to the PIU-in- Charge of respective construction packages. Community Workers: The Community Workers will be engaged and managed by the PIUs through respective PIU-in charge. Even if the community workers are required to be engaged by the Contractor, the PIU-in charge, for respective construction package will still be responsible for managing the community workers. The engagement and management of Project Workers under HPSRTP is given in Table 5. 5.2 Engagement and Management of Contractors and sub-Contractors The contractors and sub-contractors, who will be primarily engaging the contract workers at field level will be overseen and managed by the PIU-in-Charge under the overall guidance of Project Director at PMU. At the field level, every contractor will be mandated by contract to deploy one EHS officer (Environment, Health and Safety) and one labor welfare officer per construction package to oversee Workers’ Supervisors, managing workers on daily basis. The sub-contractor workers will be supervised by their own supervisors and report to EHS and labor welfare officer(s) of the main contractor. Table 5: Engagement and Management of Project Workers under HPSRTP Category of Project Workers by role Responsible Staff of Department Assignment Location/ Project Package Level Workers Direct • All GoHP staff drafted for Project Director cum Chief Engineer, PMU, HPSTRP at HPRIDC, Workers HPSRTP at PMU HPSRTP and HPRIDC and reporting Shimla • All GoHP staff drafted for to Principal Secretary, GoHP and HPSRTP at PIU World Bank Contracted Other specialist consultants like Project Director cum Chief Engineer, PMU, HPSTRP at Workers GBV Specialist, Bio Engineering HPSRTP and HPRIDC and reporting HPRIDC, Shimla Specialist supporting PIU/PMU to Managing Director of HPRIDC PMC Staff supporting PIU PIU- in-Charge at the Executive PIU at Field level for Engineer Level and reporting to respective Construction Project Director cum Chief Engineer, Package/ Group of HPSRTP at PMU Packages All Managerial and professionally PIU- in-Charge at the Executive Contractor qualified staff deployed by Engineer Level and reporting to Contractor Project Director cum Chief Engineer, HPSRTP at PMU All Workers deployed by PIU- in-Charge at the Executive Contractor Contractor Engineer Level and reporting to Project Director cum Chief Engineer, HPSRTP at PMU All workers of specialist agencies PIU- in-Charge at the Executive Contractor engaged by Contractor Engineer Level and reporting to Project Director cum Chief Engineer, HPSRTP at PMU 20 | P a g e Official Use Category of Project Workers by role Responsible Staff of Department Assignment Location/ Project Package Level Workers Staff of Independent NGO for Project Director cum Chief Engineer, Team Leader of RAP implementation HPSRTP and HPRIDC and reporting Assignment to Principal Secretary, GoHP and World Bank Consultancy Agencies for various Project Director cum Chief Engineer, Team Leader of studies HPSRTP and HPRIDC and reporting Assignment to Principal Secretary, GoHP and World Bank Primary Business owners of material PIU- in-Charge at the Executive Contractor Supply suppliers, sales managers, Engineer Level and reporting to Workers accountants, clerical staff, Project Director cum Chief Engineer, storekeepers, skilled and HPSRTP at PMU unskilled labour for material handling and loading operations at sales stack yards Community All community workers either PIU- In-Charge at the Executive PIU at Field level for Workers directly engaged by PIU or Engineer Level/ respective Construction through contractor Contractor Package /Group of Packages 5.3 Occupational Health and Safety (OHS) The ESIA and ESMPs prepared for HPSRTP include measures to mitigate project’s environmental and social risks and impacts and the institutional set-up in ESMPs outline the roles and responsibilities of different project stakeholders involved in implementation of ESMP and ESCP, including that of contractor’s one Environmental Officer and one Health and Safety officer. The Environmental and Social Experts of HPRIDC along with Project Management Consultant will coordinate and enforce effective implementation of measures approved in C-ESMP. The contractor’s approved C-ESMP will be reviewed periodically (but not more than every three (3) months) and updated in a timely manner, to address changed requirements, if any during project implementation. 5.4 Training of Workers The OHS plan, will be submitted by the contractor and approved by ESMU/PIU, prior to commencement of construction activities will have procedures and protocols for the training of workers at various stages as hereunder • Induction training of new workers on OHS • Toolbox meet/briefings by work supervisors on daily basis, sensitisation of workers about safety procedures at work for the day • Briefing on safety at work procedures, prior to commencement of any new activity/tasks • Periodic tail gate sessions to review and refresh site protocols on safety procedures at work 21 | P a g e Official Use • Response and reporting in case of injuries and/or incidents related to safety at work • Periodic health check-ups and encourage to report occupational health issues • Create awareness and report unsafe incidents at work, injuries including minor ones • Awareness and mock drills about emergency response plan at worksite and reporting protocols • Awareness and briefing on community safety, while at work • Awareness and briefing on the GRM, specially set up redressing Grievances, without any retribution • Mandatory use of PPEs at work and replacement of PPEs The contractors will be encouraged to deploy EHS officers and work supervisors, who have undergone professional training or certified courses in OHS at workplaces from accredited institutions. Specifically, in context of COVID, HPRIDC will require Contractor’s ESMP to cover aspects relating to the following: • Details of key responsibilities and reporting arrangements vis-à-vis the project’s Supervising Engineer and the main contractor • Coordination and reporting arrangements between contractors • Raising awareness and training of workers in mitigating the spread of COVID-19 • Assessment, triaging and treatment of patients and/or workers infected with COVID-19 5.5 Addressing Worker’s Grievances The contractor of respective construction packages will be obligated to set up a GRM, specially to redress complaints relating to workers deployed for construction works under HPSRTP. The GRM will have due representation of PIU, Project Management/Construction Supervision Consultant, Contractor, Workers and women (either from PIU/contractor/workers) and function under PIU. The mandate for GRM, Institutional arrangements, procedure for receiving complaints, time limits for redressal of complaints and escalation level for unresolved cases and resolution thereof will be finalised during the approval of C- ESMP by PIU. HPRIDC will have an oversight of this labor GRM. The GRM for the Workers will be set up during mobilisation phase of the contractor. 6.0 Policies and Procedures Policies and Procedures are listed under the following sub-headings: i) Incidents and Accident related; ii) Occupational Health and Safety related; iii) GBV/SEAH related and iv) COVID considerations. i) Incidents and Accident Notifications: The contractor will promptly notify to the PIU within 24 hours any incident or accident related or having an impact on the Project which has, or is likely to have, a significant adverse effect on the environment, tangible cultural heritage, the affected communities, the public or workers. They will provide sufficient detail regarding the incident or accident, indicating immediate measures taken to address it, and including information provided by any contractor and supervising entity. Further, the PIU will appraise this to PMU and WB. 22 | P a g e Official Use ii) GBV related: About 85% of the contract workers are anticipated to be men, and women’s participation (about 15%) will be largely limited to unskilled category. Contractors will maintain harmonious relations with local communities by ensuring workers adhere to Code of conduct (CoC). The CoC commits all persons engaged by the contractor, including sub-contractors and suppliers, to acceptable standards of behaviour. The CoC will include sanctions for non-compliance, including non- compliance with specific policies related to gender-based violence, sexual exploitation and sexual harassment (e.g., termination). The CoC will be written in plain language and signed by each worker to indicate that they have: • received a copy of the CoC as part of their contract; • CoC has been explained to them as part of induction process; • acknowledged that adherence to CoC is a mandatory condition of employment; • understood that violations of the CoC can result in serious consequences, up to and including dismissal, or referral to legal authorities. To mitigate potential risks related to on-site safety and GBV, the Contractor/Main contractor will undertake actions as given in Table 6 below: Table 6: Actions for Contractor for On-site Safety and GBV Risk Mitigation S.No. Action Timelines 1 Separate, safe and easily accessible facilities for women and men in the place Throughout of work and the labour camps. (e.g. toilets should be located in separate areas, construction period well-lit) 2 Display signs that the project site is an area where SEA/SH is prohibited. Throughout construction period 3 Ensure Codes of Conduct are clearly understood and signed by those with a Upon joining physical presence at the project site; 4 Train project staff on the behaviour obligations under the CoCs and Periodic; every six Disseminate CoCs (including visual illustrations) and discuss with employees months and local communities. 23 | P a g e Official Use iii) Occupational Health and Safety The construction of road in hilly terrain has its own challenges and add to the OHS challenges encountered during construction stage. The significance of OHS concern for workers and community would increase due to many factors that may be due to site conditions, workers or communities’ awareness to OHS preventive/protective measures, provisions in contract, lack of supervision and monitoring and effective enforcement by implementing agency. The ESIA identified likely OHS challenges and scenarios during implementation of project is provided in Table 7 below. Table 7: Potential OHS Risks, Sources/Causes during Project Activities Potential OHS Risk Sources/causes Earth Slips/ Collapse ▪ Earthwork excavation ▪ Scaffoldings ▪ Slope failure ▪ Landslide Fall, Slips (Men and Material) ▪ Work at Height (bridge, slope protection) ▪ Slips (Watery surfaces due to rain) ▪ Rock fall Health injuries ▪ Hot Mix Plant, Concrete Batching Plant, Crusher sites, and operation of Roller, Graders, Loader, Cranes etc. ▪ Inadequate/poor accommodation, waste management, basic amenities, and hygiene Bulk spillage ▪ Hazardous substance / inflammable liquid storage ▪ Vehicular movement on highway Fire and explosion ▪ Inflammable Storage Areas ▪ Gas Cylinder Storage Areas ▪ Electrical Circuits ▪ Welding / Gas Cutting Activity ▪ Inappropriate handling of Oxy Acetylene gas cylinders (LPG/DA) Electrical Shock ▪ HT line ▪ LT distribution ▪ Electrically Operated Machines / Equipment / Hand Tools / Electrical Cables Gaseous Leakage ▪ Gas Cylinder Storage Areas ▪ Gas Cylinder used in Gas Cutting / Welding Purposes Accidents due to use of heavy ▪ Roller, Graders, Loader, Cranes, Trucks machinery and vehicle ▪ Workman Transport Vehicles (cars / scooters / motorcycles / cycles) movement Vehicles ▪ Collapse, toppling or collision of transport equipment Other Hazards ▪ Cuts &Wounds ▪ Confined Space (under & inside machinery etc.) ▪ Hot Burns Accidents and injuries ▪ Unprotected work sites at narrow road, bridges and culverts sites, material storage or stockpile locations 24 | P a g e Official Use Potential OHS Risk Sources/causes COVID-19 Risks ▪ Induction of new batch of migrant workers, possibly some of them could be symptomatic or asymptomatic COVID carrier(s) ▪ Migrant workers returning to work after visiting native places and/or hometowns, possibly asymptomatic COVID carrier and could have got infected either on way home or on way back to project site ▪ Any worker, who could have got infected from local community during visit to local market areas for purchase of some daily-needs ▪ Contracted workers that are mobile and residing is community with COVID cases ▪ Location of work site at COVID affected area with potential for interaction between project workers and infected person(s). ▪ Contact with contaminated objects The environmental, social risks and impacts arising from implementation of HPSRTP has been identified and will be managed through implementation of ESMP through the contractors. The OHS of workers and related issues arising during construction works will be under direct control of contractors, who will be responsible and liable for safety of site equipment, labours and daily workers attending to the construction site and safety of citizens for each work site, as mandatory measures. The requirement for the preparation of an OHS plan by Contractor, as part of C-ESMP is integrated in contract documents and is one of HPRIDC, GoHP (borrower’s) commitment in the ESCP. Further, the ESMP will be updated including management measures and contractor’s responsibility to response to COVID risk. The Contractor shall be obligated to include COVID Response and Management measures in OHS plan that will be part of the C-ESMP submitted for HPRIDC approval. In order to manage the OHS risks, the contractor is required to prepare an OHS plan, Water and Waste Management Plan, Influx management Plan, Workers camp management plan, CHS Plan, Transport (or road safety) management Plan, Quarry/borrow area management plan, establishment of GRM for labour and Site restoration Plan among others in accordance with the GoI and/or IFC/WB/EBRD workers Accommodation guidelines. All such plans prepared by contractor will be part of Contractor ESMP (Environmental and Social Management Plan) that will be reviewed and approved by the PMC and HPRIDC, prior to commencement of construction works. The approved C-ESMP (outline is given in Annexure 3) will be reviewed periodically (but not more than every three (3) months) and updated in a timely manner, to address changed requirements, if any during project implementation. The ESHS (Environment, Social, Health and Safety) requirements have been specified and incorporated as special conditions and performance requirements in all bid documents of contract packages under HPSRTP. Adequate cost provisions for implementation of ESHS requirements have included in the item rates, so that contractor can perform requirements in a fair manner. In addition, 2% of contract amount has been earmarked as ESHS performance security in the bidding documents. Thus, the potential bidders will be fully aware of ESHS performance requirements at the bidding stage and accordingly price the bids at the bidding stage itself. The implementation of C-ESMP and meeting the ESHS performance requirements by the contractor will be overseen and managed by the PIU through establishment of ESMU. The mandate, institutional arrangements, roles of responsibilities of ESMU functionaries is included in ESIAs and will further reviewed and adopted, while establishing the PIU by the Project Director, HPSRTP. 25 | P a g e Official Use Under no circumstances, the contractors (including sub-contractors) working under HPSRTP will engage forced labour(all forms) including bonded labour (working against an impossible debt), excessive restrictions for freedom of movement, inordinately long notice periods, forceful keeping/ retaining worker’s identity or any government issued documents or personal belongings, imposition of recruitment fee or commission payable either directly or indirectly at the commencement of employment, loss or delay of wages that impede the workers’ right to end employment within their legal rights, substantial or inappropriate fines, physical punishment, use of security or other bouncers to force or extract work from project workers, or other restrictions that compel a project worker to work on a non-voluntary basis. This will be ensured through i) inclusion of code of conduct in the contract documents; ii) ESHS performance requirements, which include code of conduct on handling workers and iii) regular monitoring and reporting by the ESMU functionaries under PIU and overall guidance and directions of Project Director. The contractor’s OHS plan will have following specific content. i. Hazard Identification and Risk Management: Hazard Identification: For effective prevention of incidents and safety of workers and community, it is essential first to identify all potential hazards and risks associated with construction activities, material handling, movement/use of heavy machinery, handling of hazardous substance (like fuel, oil and paints, gas cylinders use which are flammable in nature), electrical work and unforeseen events like COVID pandemic. Hazards like fire and exposure to dust etc., which can affect community will be identified and measures defined for community awareness and protection. Hazard Risk Management: Hazards identification will be followed with pre-defined measures for its effective management for the protection of workers and community. It will cover the following. • Work Zone Classification: Classify the work zone depending on risk intensity into low and high-risk areas. Define restriction for accessibility to high risk area. Only authorized persons will be permitted to move in the high-risk area. Provision will be made for adequate signage for notifying high risk areas with awareness signage about risk associated and preventive measures required. Responsibility will also be defined for ensuring adherence to restriction and cautions required for working in high risk areas. (Safety Officer, appointed for the project will be responsible) • Task Specific Hazard Prevention: Procedure and guidelines will be defined as per best industry practices and legislative requirement if any applicable for task specific hazard prevention and safety such as precautions for working on height requiring which will require provision of safety belt/helmets and presence of rescuers. • Injury Management: define responsibility and action sequence including availability of first aid boxes and first aid providers/attenders. Location and contents of first aid box will be defined under OSHMP. 26 | P a g e Official Use • PPE & Hand Tools: detailed listing will be made under OSH Plan about nature of PPE and hand tools required and ensuring its availability. Method will also be defined for ensuring use of PPE by the workers. Provision of helmet, boots, hand gloves will be made for everyone. ii. Staff Health & Fitness on duty: Staff health plays major role for incident prevention. OHS plan will have provisions for medical check- ups at the time of appointment with defined periodicity for follow up check-ups. OHS plan will also list the measures for fatigue management, ergonomics, and alcohol and drugs use prevention iii. Hygiene and Sanitation: Adequate attention will be given for workplace and labour camp Hygiene. Provision will be made under OHS plan for availability of clean and hygiene eating place with availability of safe drinking water at workplace and labour camp. Similarly, adequate provision will be made for clean toilets with sewage treatment (provision of septic tanks), and segregated collection and safe disposal of domestic wastes. iv. Incident and Emergency Management and preparedness: OHS plan will define procedure for incident and emergency management including investigation of any accident and its analysis to suggest appropriate corrective/preventive actions, responding and management of COVID risks. Adequate provision will be made for the availability of First Aid, Ambulance, Safety and Health representative and additional resources and coordination with local authority(s) to respond to COVID situation. v. Occupational Health and Safety Monitoring: OHS plan will define frequency of periodic monitoring for assessing its implementation effectiveness. Monitoring analysis will include calculating accident and fatality rate as well. Parameters of monitoring including health surveillance will form part of monitoring program. vi. Communication and Consultation (Workers & community): Awareness, consultation, and communication is very effective tool for incident prevention and panic avoidance in an emergency situation. OHS plan will define program for community consultation and communication and worker’s training/awareness program. It will also list safety and health communication with key stakeholders. OHS plan will also define extent of safety signage that will be displayed at workplace and project areas. vii. Training and Records: Training is an integrated and essential component of effective OHS plan implementation. OHS plan will define the program of overall OHS and safety induction including site specific induction, driving safety and refreshing training. All training records as well as records relating to incident analysis, OHS monitoring, emergency preparedness plan with emergency contact numbers, Mock drill/emergency preparedness exercise and Corrective preventive actions undertaken thereof will be maintained. viii. Reporting 27 | P a g e Official Use Contractor will share the OHSMP monitoring reports with PIU at respective Project site, PMU at HPRIDC and Bank on quarterly basis. Any fatal accident will be reported to PMU, HPRIDC and Bank with its investigation report within 48 hours of its occurrence. Reporting of fatal accident will also be made to concerned state Government authorities. Corrective and preventive action compliance will be reported in the subsequent quarterly monitoring report. ix. Responsibility Prime responsibility of developing and implementation of OHSMP will be of the Contractor. Contractor will also ensure deployment of trained OHS officer to work site. All applicable legislation will be identified and compiled by contractor. PMU in consultation with contractor will develop OHSMP on aspects detailed above and ensure its implementation from the contractor. Contractor will share the OHS monitoring reports with respective PIUS on monthly basis. The PIUs will in turn share quarterly reports on Work Progress including such plans to PMU at HPRIDC, which in turn, will share consolidated compliance report in line with ESMP and ESCP to the World Bank. Corrective and preventive actions, where required for maintaining environment quality will be reported in the subsequent quarterly monitoring report. COVID Considerations –HPRIDC Actions: HPRIDC will i. Request details in writing from the main Contractor of the measures being taken to address the risks (construction contract should include health and safety requirements; the measures will be presented as a contingency plan and reflected in revisions to the project’s health and safety manual- see relevant links below8). This should include SOPs that cover the following aspects a. Conducting pre-employment health checks b. controlling entry and exit from site/workplace c. General hygiene, Cleaning and waste disposal d. Adjusting work practices e. reviewing accommodation arrangements, to see if they are adequate and designed to reduce contact with the community f. reviewing contract durations, to reduce the frequency of workers entering/exiting the site g. rearranging work tasks or reducing numbers on the worksite to allow social/physical distancing, or rotating workers through a 24-hour schedule h. providing appropriate forms of personal protective equipment (PPE) i. putting in place alternatives to direct contact, like tele-medicine appointments and live stream of instructions. j. Instances of spread of virus k. Training and communication with workers l. Communication and contact with community 8 For workplace-related advice, consult WHO guidance getting your workplace ready for COVID-19; and for guidance on water, sanitation and health care waste relevant to viruses, including COVID-19, consult WHO interim guidance 28 | P a g e Official Use ii. Request the Contractor to convene regular meetings with the project health and safety specialists and medical staff (and where appropriate with local health authorities), and to take their advice in designing and implementing the agreed measures. iii. Identify a senior person as a focal officer with responsibility for monitoring and reporting on COVID- 19 issues and liaising with competent authorities designated by the district administration or State Government authorities point iv. Request for coordination arrangements, particularly at site where there are a number of contractors and therefore (in effect) different work forces (PIU could request the main contractor to put in place a protocol for regular meetings of the different contractors) v. Check with Contractors on whether the workers are informed/encouraged to use the existing project grievance mechanism to report concerns relating to COVID-19 7.0 Age of Employment 7.1 Direct Workers The Direct workers will be technically qualified, with age ranging between a minimum of 18 years and maximum 60 years. The direct workers drafted to HPSRTP will be GoHP employees, whose credentials would are duly verified by GoHP, at the time of recruitment itself. 7.2 Contract Workers The age of the technically qualified and or skilled contract workers can be range between a minimum of 18 years and maximum 60 years, whereas the age of unskilled workers can range between 18 to 50 years and in no case it can be expected to exceed 60 years. It is possible that some of the personnel (specially consultants) deployed by PMC, in exceptional cases could have a maximum age of 65 years. The age of the personnel deployed by PMC could be verified by PMU through valid documents like AADHAR Card /Voter Card/Passport/Valid Driving License. It is possible that some of the managerial or supervisory level contract workers deployed by contractor, in exceptional cases could have a maximum age of 65 years. The age of the skilled and unskilled personnel deployed by Contractor could be verified by PIU through valid documents like AADHAR Card/Voter Card/Passport/Valid Driving License. In exceptional cases, where the unskilled worker(s) are unable to produce valid age proof documents for whatsoever reason, the age could be ascertained through medical examination by competent medical authority at Government hospital at the expense of Contractor. Under no circumstance, children less than 14 years of age will be engaged for any kind of work and is a prohibited activity as per GoI and State Government norms. Children (non-adult i.e. those aged between 14 and 18 years) can be engaged for non-hazardous activities (as defined by Hon’ble Supreme Court of India in Tamil Nadu Firecracker Factory Case). The same is in accordance with the Child Labour Prohibition Act, 1986 and Child Labour (Prohibition and Regulation) Amendment Rules 2017 framed thereunder. 29 | P a g e Official Use In case, it is detected by ESMU/PIU officials, contractor will be immediately issued show cause notice for termination of contract and matter will be duly reported to the district labour office. 7.3 Community Workers HPRIDC does not envisage engagement of workers under HPSRTP, where the labour is provided on a voluntary basis. However, for the sole purpose of fostering community driven development and to instil sense of ownership of assets created, HPRIDC intends engage local workers9 along project roads, particularly women from nearby villages/areas and deploy for non-core project interventions like up-keep of nature-based bio engineering solutions and road side vegetation, cleaning and maintenance of roadside drains and culverts etc. The workers thus engaged on payment basis, will be sourced from nearby villages/areas along the project roads and can be expected to be pre-dominantly women within the age group of 30 to 60 years. Payment would be made to a group account of the contracted SHG. The age of the community workers will be verified by PIU through valid documents like AADHAR Card/Voter Card/Identity card issued by Panchayats. In exceptional cases, where the community worker(s) are unable to produce valid age proof documents for whatsoever reason, the age could be ascertained through local Panchayat Office or respected community leaders of the area. 8.0 Terms and Conditions 8.1 Specific Wages Specific wages of Direct Workers The Direct workers, engaged for HPSRTP are Government Officers, whose salary and other emoluments will be in conformity to the Rules and Regulations as issued by Department of Personnel, of GoHP. Specific wages of Contracted Workers and Community Workers The wages of consultants/personnel deployed through PMC or other consultancy firms for various studies, NGOs for RAP implementation, are contracted services and determined through two stage competitive bidding (technical and financial) procedure and determined by prevalent market rates and normally expected to be higher than state government wages. The wages of technically qualified, skilled, unskilled workers, to be engaged by the Contractor are determined by Department of Labor and Employment, subject to the provisions of Minimum Wages Act, 1948. The wages of community workers to be engaged will be as per wages prescribed under Department of Labor and Employment or as mutually agreed between the two parties and will be subject to the provisions of Minimum Wages Act, 1948, There will not be any discrimination of wages paid to male and female workers and same wages will be paid for equivalent work to all workers in conformity with the Provisions of Equal Remuneration Act, 1976. 9 Under HPSRTP, a significant investment is earmarked for nature based (bio engineering) interventions along project roads for slope protection and erosion control, which require regular upkeep maintenance, during the operation phase. HPRIDC intends to engage local workers, particularly women, for maintenance of these nature based interventions(along with other allied works), which can serve as income generating activity for local women and concurrently enable to foster a sense of ownership of assets created under HPSRTP among local community 30 | P a g e Official Use 8.2 Work Hours and Maximum Number of Work Hours The Direct workers at the PMU and PIU will work as per State Government Rules, which will be in compliance with the relevant notification by the Department of Personnel and Training, GoHP. The work hours for contracted workers and community workers will not be more than 48 hours per week and 9 hours per day. Any contracted or community workers, made to work in excess of the same will be entitled to wages at double the ordinary rates of wages in accordance with Rule 234 of Himachal Pradesh Building and Other Construction Workers (Regulation of Employment and Conditions of Services) Rules, 2008. 8.3 Specific Terms and Conditions • No contracted or community worker will be required or allowed to work continuously for more than five hours unless he had an interval of rest of not less than half an hour. • The working day of contracted /community workers will be so arranged that inclusive of the intervals of rest, if any will not spread over more than twelve hours on any day • Subject to provisions of Himachal Pradesh Building and Other Construction Workers (Regulation of Employment and Conditions of Services) Rules, 2008, every worker will be allowed a day rest every week, which will ordinarily be Sunday, but the contractor will fix any other day of week as the rest day • No worker will be made to work on any day, which has been notified by Central or State Government in the official Gazette as a Gazetted holiday or any day, which is declared as National Holiday. • All categories of contract workers particularly unskilled workers can be directly engaged by the contractor or sourced through labour contractors. In such cases, the labour contractor shall have valid registration with the competent authority in Himachal Pradesh • All wages to contracted workers, especially for unskilled workers are to be paid directly by the Contractor, even if the unskilled workers are engaged through labour contractors or any sub- contractors. • Any denial in and/or untimely payment of wages to workers will render the contractor liable to an action before the relevant Labour court/Industrial Tribunals under the Legislations mentioned above. • Conditions of employment for skilled and unskilled workers will conform to Himachal Pradesh Building and Other Construction Workers (Regulation of Employment and Conditions of Services) Rules, 2008. • Under no circumstances, child labour or forced labour (in any form) shall be engaged, as these are prohibited under National and State Government Norms. • Contractor will also be liable to be prosecuted in his personal capacity under the provisions of Indian Penal Code 1860 and other Penal legislations before criminal courts in case of gross 31 | P a g e Official Use negligence and dereliction of duty or contraventions of any such statute resulting in death or injury of the workers. • In respect of COVID-19, HPRIDC’s working would be governed by the Guidelines and SOPs vide Government Order dated May 2, 2020 (See Annexure 1 and 2). The guidelines and SOPs stagger the attendance of only 30% of staff every day; arrival and departure of employees; lunch breaks; downloading and installation of Aarogya Setu app etc. Similar guidelines issued by Central Public Works Department would apply to workers at construction sites in terms of protocols to be observed at site; including quarantine for 14 days for workers from outside (see Annexure 1 and 2). The contractor will strictly adhere to these COVID-19 SOPs and Guidelines of GoHP and GoI at all construction sites, which specially cover migrant workers for pre-employment health checks, testing for COVID symptoms at approved hospitals, sensitization of migrant workers about precautionary measures like maintaining social distance (minimum 1.5 metre) at work sites and workforce camps, covering of face with masks/cotton cloths, use of sanitizers, frequent washing of hands, avoid spitting in public, maintain self-hygiene, immediate reporting of flu-like-illness symptoms, avoiding use of chewing gum or tobacco(all-forms), creation of isolation rooms for any worker reporting/showing COVID symptoms, until his/her shifting to designated COVID hospitals, controlling entry and exit from site/workplace, use of non-contact temperature scanners at entry points; ensuring accommodation arrangements to maintain social distancing norms, providing adequate and appropriate forms of personal protective equipment (PPE), among others as part of the Contractor’s labor management plan. 9.0 Grievance Mechanism 9.1 GRM Provision for Contracted Workers i. Direct Workers: The Project Director cum Chief Engineer, HPSRTP will be responsible for providing guidance and advice on all worker related grievances and their redressal, in line with the State Government, Government of India Rules and Regulations and LMP provisions. ii. Contract Workers: The contractor of respective construction packages will be obligated to set up a GRM, specially to redress complaints relating to workers deployed for construction works under HPSRTP. The GRM will have due representation of PIU, Project Management/Construction Supervision Consultant, Contractor, Workers and women (either from PIU/contractor/workers) and function under PIU. The mandate for GRM, Institutional arrangements, procedure for receiving complaints, time limits for redressal of complaints and escalation level for unresolved cases and resolution thereof will be finalised during the approval of C-ESMP by PIU. HPRIDC will have an oversight of this labor GRM. The GRM for the Workers will be set up during mobilisation phase of the contractor. The contractor will also be responsible for tracking and resolving workers grievances and maintain records about grievances/complaints received, minutes of discussions, recommendations and resolutions made thereof and intimation of resolution of grievance to the complainant. Information relating to availability of GRM without any retribution, its institutional set up, timings and procedure for receiving complaints, mechanism of handling complaints, maximum time limits for 32 | P a g e Official Use redressal of complaints and escalation level for unresolved cases and resolution thereof will be disseminated to the workers on a regular basis. Some of the GRM dissemination avenues are; • During Induction training for new workers • During Toolbox meet/briefings by work supervisors • During periodic tail gate sessions, to review and refresh site protocols on safety procedures at work • Through pictorial illustrations and posters in local language installed at prominent places like entry/exit points, canteen, entertainment areas, health camps sites etc • During awareness campaigns for safety at work and response to Emergency Response Plans • Awareness and briefing on community safety, while at work Likewise, for Consultancy agencies or NGOs that have been contracted by HPRIDC for various studies, RAP implementation will ensure that the have established/functioning GRMs to address respective workers’ concerns. While these entities will have their own GRMs, HPRIDC will have oversight and the overall responsibility for ensuring the establishment and implementing the GRM for project workers. In this regard, the PIU will be responsible to ensure that the Contractors’ have established and operationalised the contract workers grievance redress mechanism. In COVID context, the nature of complaints will be particularly time-sensitive and sensitive in terms of confidentiality. Hence, Contractor should consider streamlined procedures to address specific worker grievances, which would allow workers to quickly report labor issues, such as a lack of PPE, lack of proper procedures or unreasonable overtime, and allow the workers to freely report, respond and take necessary action. iii. Community Workers: The PIU will be responsible for providing guidance and advice on all community worker related grievances. Overall, the Social Expert in HPRIDC will provide implementation and capacity building support on resolving all workers grievances and will support the PIU in this regard. S/he will also include workers grievance status in the progress report. Grievances will continue to be received through established communication channels. Workers will also be able to submit their grievances through the district Labour Department, whose address and contact telephone numbers will be prominently displayed by contractors for the visibility of all workers at all worksites. 10.0 Contractor Management 10.1 Contractor Selection Process Selection of a Contractor for civil works or consultancy firms for studies, etc. is done through an open competitive online bidding process (e-procurement) having a two stage (technical and financial) evaluation process. All the bids will be evaluated by a Bid Evaluation committee set up by HPRIDC through 33 | P a g e Official Use the pre-set evaluation criteria and only the technically qualified bids will be considered for opening of financial bids and the lowest bidder will be selected, subjected to scrutiny of financial bids. All the technical bids will be evaluated for their past similar experience, financial standing, ESHS performance in past projects, technical qualifications and experience criteria for Key persons, available inventory of equipment and machinery, among others. 10.2 Contractual Provisions for Labor Management and OHS The environmental, social risks and impacts including labor management and OHS issues arising from implementation of HPSRTP has been identified and will be managed through implementation of ESMP through the contractors. The labor management and OHS of workers and related issues arising during construction works will be under direct control of contractors and will be managed by contractors. Therefore, ensuring effective management of OHS plan for contract workers by contractor(s) is core to implementation of HPSRTP by HPRIDC. The ESHS (Environment, Social, Health and Safety) requirements under HPSRTP have been specified and incorporated as special conditions and performance requirements in all bid documents of contract packages. Adequate cost provisions for implementation of ESHS requirements have included in the item rates, so that contractor can perform requirements in a fair and objective manner. In addition, 2% of contract amount has been earmarked as ESHS performance security in the bidding documents. Thus, the potential bidders are expected to be fully aware of ESHS performance requirements at the bidding stage and accordingly price at the bidding stage itself. The ESHS performance requirements incorporated in the bid documents, obligate the contractor, upon mobilization, to prepare a Contractor’s ESMP (C-ESMP), which will include impacts mitigation and management plan, environmental enhancement plan, OHS plan, labor management plan, labor Influx management Plan, workers’ campsite management plan, GRM for workers’, traffic management and road safety management plan, COVID-19 considerations and among others in accordance with the GoI, GoHP, IFC & WB requirements. The C-ESMP will be reviewed and approved by the ESMU/PMC and HPRIDC, prior to commencement of construction works. The approved C-ESMP will be reviewed periodically (but not more than every three (3) months) and updated in a timely manner, to address changed requirements, if any during project implementation. 10.3 Monitoring of Performance of Contractors The monitoring of performance of contractors including the implementation of C-ESMP and meeting the ESHS performance requirements by the contractor will be overseen and managed by the PIU under the overall guidance and direction of Project Director. In context of COVID, additionally, the Contractor will be required to include: • Provision of medical insurance covering treatment for COVID-19, sick pay for workers who either contract the virus or are required to self-isolate due to close contact with infected workers and compensation payment in the event of death 34 | P a g e Official Use • Designating/appointing a COVID-19 focal point officer with responsibility for monitoring and reporting on COVID-19 issues, and liaising with competent authorities designated by district administration or the State Government. 11.0 Community Workers All OHS related aspects of contract workers will be applicable even to this category of workers. In addition, the PIU will document the agreement that is reached with community workers. The document is to include: • the way in which such agreement was reached on identifying and engaging community workers (e.g. women SHGs/Women cooperatives/community meetings etc) • Activities/responsibilities that have been agreed between PIU/Contractor and community workers, • terms and conditions on which community labor will be engaged, including amount and method of payment • specify the way in which community workers can raise grievances in relation to the project i.e. how the community workers are represented. • roles and responsibilities for monitoring community workers. In context of COVID, community workers who will be engaged will be provided targeted humanitarian and health assistance or facilitated in such access of COVID related government schemes and benefits, either by PIU or Contractor, under the overall guidance of the Project Director, HPSRTP/HPRIDC. 35 | P a g e Official Use Annexure 1 CPWD, Govt. of India SOP/ Guidelines for COVID-19 dated 5th May 2020 36 | P a g e Official Use 37 | P a g e Official Use 38 | P a g e Official Use 39 | P a g e Official Use 40 | P a g e Official Use 41 | P a g e Official Use 42 | P a g e Official Use 43 | P a g e Official Use 44 | P a g e Official Use Annexure 2 HPPWD, GoHP SOP/Guidelines for COVID-19 dated 30th April 2020 45 | P a g e Official Use 46 | P a g e Official Use 47 | P a g e Official Use 48 | P a g e Official Use 49 | P a g e Official Use 50 | P a g e Official Use 51 | P a g e Official Use ANNEXURE 3: OUTLINE OF CONTRACTOR’S ESMP 1. Licensing Requirement 2.1 Statutory Permissions/NOC/Approvals/Labour License 2.2 Insurance 2.3 Use of approved quarry/borrow areas, if such material is required 2.4 Any other 2. Workforce management under COVID 19 considerations 2.1. Profile of work force – work activities, schedule, contract duration, workforce rotation plan, workers place of stay, workers with underlying health issues 2.2. Measures to mitigate risks on account of COVID 19 2.3. Contingency plan covering – pre-health check-up, access restrictions, hygiene, waste management, accommodation arrangements, PPE provision and usage 2.4. Reporting and handling of Instances of COVID 19 cases, training and communication with workers, training and SOPs on communicating and contact with community 3. Labour Influx and Labor Camp Management (if outside labour is accommodated in a labour camp) 3.1. Labor influx management plan (including maximizing sourcing of local labor and minimizing labor from outside the area) 3.2. Location of Labour Camp 3.3. Number of labour to be housed and duration 3.4. Break-up of labour workforce – male, female, children 3.5. Number of Units in Labour Camp 3.6. Source and Provision of Water and Power Connection including Drinking Water 3.7. Cooking Arrangement – Individual Kitchen/community Kitchen 3.8. Source, Type and Provision of Kitchen Fuel 3.9. Toilet facilities – individual/community; fixed/mobile and sewage disposal arrangement 3.10. Waste collection and disposal arrangement from Labour Camp 3.11. Identify Risk of Community Interface – any fencing/separation requirement 3.12. Security and general lighting arrangement 4. Resource Planning 4.1. Water and power requirement for works and locations 4.2. Need for water line or electrical wiring 4.3. Raw material requirement and source(s) 4.4. Temporary storage(s) at site and location(s) – cover/uncovered 4.5. Transportation route from source to storage 52 | P a g e Official Use 4.6. Identification of accident hotspots on village roads 4.7. Need for speed breakers/governors/signage 5. Pollution Prevention 5.1. Potential of dust emission from openly stored raw material and mitigation arrangement – covering, sprinkling, etc. 5.2. Potential of water pollution from spillage and leakage from raw material storage and preventive measures 5.3. Potential of air emissions from works including toxic emissions from paints and chemicals, emissions from DG sets and other construction equipment – locations where potential is high, possibility of community impact, impact on workers, preventive measures such as dust masks for workers, etc. 5.4. Potential of noise generation from works (use of equipment and machinery, demolition work) including from any activity planned at nigh time – locations where potential is high, possibility of community impact, impact on workers, preventive measures such as ear muffs, etc. 5.5. Potential of water pollution from works – possibility of leakage to surface water or accumulation in low lying areas; preventive measures/treatment requirement 5.6. Estimate of excavated earth/construction debris requiring disposal – quantum, sources(s) of generation, identified dumping sites, transportation mode and route, period of dumping and restoration plan 6. Occupation Health & Safety and Emergency Management 6.1. List of work locations, hazards/risks with PPE requirement and numbers 6.2. Lists of tasks and work zone critical for hazard prevention 6.3. Location of warning signage for hazard prevention 6.4. Requirement of first aid boxes and fire extinguishers – task and location wise 6.5. Key person(s) to be contacted during emergency 6.6. Protocol for deciding the level of emergency – need for hospitalization, information to authorities, etc. 6.7. Process of accident analysis, corrective and preventive measures and need for reporting 7. Addressing GBV Risks 8.1 Preventive measures – provision of lighting, separate toilet areas for men and women, increased vigil and security arrangement for community sensitive GBV hotspots, if identified by dam authorities. 8.2 Sensitizing and awareness of labour on GBV issues including penalties and legal action against offenders 8.3 Awareness about GRM 8. Code of Conduct 53 | P a g e Official Use 9.1 Preparation of Code of conduct 9.2 Making labour aware of conduct with all the provisions, do’s and don’ts, penalties for non-compliances, etc. 9.3 Displaying CoC at prominent locations 9.4 Signing of CoC by workers 9. Awareness and Training 10.1 Plan for training and awareness covering Pollution Prevention, OHS, Use of PPEs, Accident reporting and emergency management, CoC, GBV, GRM, etc. 10.2 Training schedule 10.3 Training records 10. Labor Grievance redressal Mechanism 11.1 Details of GRC 11.2 Process of receiving, redressing, escalation, reporting back 11.3 Consolidated statement on Grievances (segregated by non-COVID related &COVID related) 54 | P a g e Official Use