THE HEALTH AND GENDER SUPPORT PROJECT (HGSP) FOR COX’S BAZAR DISTRICT Human and Occupational Resources Management Procedures (HORMP) The Ministry of Health and Family Welfare July, 2021 1|Page Executive Summary This Human and Occupational Resources Management Procedures (HORMP) (also termed as Labor Management Procedure, LMP) for the Health and Gender Support Project for Cox’s Bazar District (HGSP) has been prepared to meet the objectives and requirements of the World Bank Environmenal and Social Framework (ESF) Environmental and Social Standards (ESSs) 2 as well as the national Labor Laws of Bangladesh. This HORMP assesses the potential risks and impacts of assignment of labor for the implementation of the Project activities by the Implementing Agency (IA), the Ministry of Health and Family Welfare, and addresses them through mitigation measures in line with ESSs and Bangladesh Labor policies and provisions. Various types of workers (Direct and Contracted), their estimated numbers, characteristics etc., as well as key potential environmental and social (ES) risks—such as unscrupulous labor practices, Occupational Health and Safety (OHS) issues, community risks, exclusion of the disadvantaged and the vulnerable from project benefit and engagement, exploitation of child/ forced/trafficked labor/beneficiaries as well potential health and safety issues while working under COVID-19 pandemic situation, have been assessed and presented in this HORMP. Given the size of the project, the potential ES risks and impacts, the capacity of the implementing agency to manage and mitigate the ES risks and the context under which the project is being implemented, the ES assessment has determined the overall ES risk to be Substantial for this project. Provisions of ESSs, Labor Act 2006 (including Amendments of 2013 and 2018), National Child Labor Elimination Policy 2010, Governmental and WHO guidelines for COVID-19 etc., have been thoroughly studied and cited to meet their requirement and obligations. Major points of consideration that include Conditions of Employment, OHS etc. have also been referred to as guidelines. A Grievance Redress Mechanism (GRM) for workers has been established so that any potential dissatisfaction or concern can be raised by anyone employed by the IA and the Contractors. 2|Page Table of Contents Executive Summary................................................................................................................................ 2 List of Acronyms and Abbreviations ...................................................................................................... 4 1. INTRODUCTION............................................................................................................................. 5 2. ENVIRONMENTAL AND SOCIAL RISKS OF THE PROJECT ......................................................... 5 3. OVERVIEW OF LABOR USE IN THE PROJECT .............................................................................. 6 4. ASSESSMENT OF KEY POTENTIAL LABOR RISKS ...................................................................... 8 5. OVERVIEW OF LABOR LEGISLATION: TERMS AND CONDITIONS ............................................ 9 6. RESPONSIBLE STAFF AND PROCEDURES ................................................................................ 10 7. POLICIES AND PROCEDURES ..................................................................................................... 12 8. AGE OF EMPLOYMENT ............................................................................................................... 15 9. TERMS AND CONDITIONS .......................................................................................................... 15 10. GRIEVANCE REDRESS MECHANISM .......................................................................................... 16 11. PARTNER ORGANIZATION (i.e. UNAs) MANAGEMENT ........................................................... 17 12. PRIMARY SUPPLY AND COMMUNITY WORKERS..................................................................... 18 13. COMMUNITY HEALTH AND SAFETY ......................................................................................... 18 Annex 1: General Guideline Covid-19 Considerations in Project Implementation ............................. 19 Annex 2: Examples of GBV/SEA/SHA related risks due to major civil works and labor influx ............ 24 Annex 3: Sample Labor Code of Conduct covering the GBV/SEA/SHA related risks. ........................ 25 3|Page List of Acronyms and Abbreviations CBA Collective Bargaining Agent CoC Code of Conduct COVID-19 CORONA Virus Disease-19 DGFP Directorate General of Family Planning DGHS Directorate General of Health Services EHSG Environmental and Health Safety Guidelines EMP Environmental Management Plan ESIA Environmental and Social Impact Assessment ESMF Environmental and Social Management Framework ESF Environmental and Social Framework ESS Environmental and Social Standards GBV Gender-Based Violence GIIP Good International and Industry Practices GRC Grievance Redress Committee GRM Grievance Redress Mechanism HCWM Healthcare Waste Management HNP Health, Nutrition & Population HSD Health Service Division IA Implementing Agency IOM International Organization for Migration IVC Independent Verification Consultant HORMP Human and Occupational Resources Management Procedures ME&FWD Medical Education and Family Welfare Division MOHFW Ministry of Health and Family Welfare M&E Monitoring and Evaluation OHS Occupational Health and Safety PO Partner Organization PIU Project Implementation Unit PMU Project Management Unit PPE Personal Protective Equipment SBD Standard Bidding Documents SHEQ Safety, Health and Environmental Quality WB The World Bank WHO World Health Organization UNICEF United Nations Children’s Emergency Fund UNFPA United Nations Population Fund 4|Page 1. INTRODUCTION The fundamental element of conducting project work is the labor force, hence, management of the labor resources are essential to effective project implementation. These Human and Occupational Resources Management Procedures (HORMP) are prepared meeting the Bangladesh Labor Act 2006 as well as the World Bank’s Environmental and Social Framework (ESF), specifically Environmental and Social Standard 2: Labor and Working Conditions (ESS2). Further, the application of internationally accepted protocol to address COVID-19 outbreak has also been considered in this HORMP. The Implementing Agency (IA), the Ministry of Health and Family Welfare (MoHFW) will incorporate the relevant aspects of the Environmental and Social Commitment Plan (ESCP), including the relevant ES documents and/or plans, and the Human and Occupational Resources Management Procedures (HORMP), into the Environmental, Social, Health and Safety (ESHS) specifications of the respective procurement documents with contractors. The IA has contracted four UN Agencies (UNAs) (IOM, UNICEF, UNFPA, WHO) who would employ contractors to carryout civil construction and provision of medical service activities. The HORMP covers the direct and contracted workers to be engaged in the Project by the IA under the four UNAs. MoHFW may prepare specific procedures to be inserted in the contract as part of the UNAs legal obligations. The approach will be assessed as part of the initial screening of ES risks and impacts carried out by the Project. The Implementing Agency (IA) The MOHFW is responsible for the overall implementation of the government’s sector program and development partner coordination. Key entities within the MOHFW involved in implementation include the HSD, the ME&FWD, DGHS and DGFP. Most of the Operational Plans of the government’s sector program are implemented by these entities. The project will be implemented by the MOHFW in close collaboration with MOWCA, but parts of the project will require implementation support from relevant UNAs (WHO, UNICEF, UNFPA, IOM), which will be contracted by the MOHFW to complement their implementation. Coordination will also take place at all five levels of health service delivery. 2. ENVIRONMENTAL AND SOCIAL RISKS OF THE PROJECT The possible anticipated adverse impacts of the project activities include: a) Enhanced health services generating additional quantities of health care waste than that of the current baseline. b) Health workers, construction laborers, and contractors being exposed to health risk due to already volatile and conflictual situations in communities in CXB. c) Planned civil works causing noise and emissions from vehicles and machinery, generating waste and involving risks regarding workplace and community health and safety. In addition, social screening will be required for civil works to improve and renovate the Community Clinics (CCs), Union Health and family Welfare Centers (UH&FWC), Mother 5|Page and Child Welfare Centers (MCWC), Upazilla Health Complex (UzHC) and District Sadar Hospital (DSH) to ensure that such construction will not affect residents in adjacent areas negatively. Impacts of health care waste will be minimized, mitigated and managed by implementing the ES instruments prepared before physical interventions of the project. Service providers in the health facilities under the project will receive appropriate training on Health Care Waste Management (HCWM) plan. Improved HCWM will lower the risk of exposure to hazardous waste. 3. OVERVIEW OF LABOR USE IN THE PROJECT The HORMP applies to all Project workers whether full-time, part-time, temporary, seasonal workers. The HORMP is applicable, as per ESS2 to the Project in the following manner: a. Direct Workers: People employed or engaged directly by the IA to work specifically in relation to the Project b. Contracted Workers: People employed or engaged by UNAs to perform work related to core function of the Project The project involves low scale of civil works which comprises of repair/renovation and reconstruction of existing health facilities. Such scale of infrastructural development activities can be handled by the participation of local labors; thus, the influx of outside laborers is not expected. As such, necessary steps will be taken to ensure that no child and/or force labor are involved and occupational health and safety (OHS) requirement for the laborers are followed. Government civil servants, who will provide support to the Project, will remain subject to the terms and conditions of their existing public sector employment agreement or arrangement. However, ESS2 provisions of health, safety, child and forced labor will apply in this regard. 6|Page Project Worker Required for the Project There will be a number of different categories of Project workers engaged in the implementation: TYPE OF EMPLOYED BY DETAILS APPROX NOTE WORKERS NUMBER PMU PD 1 Under (Government Program Manager 3 Government law Official) Deputy Program 9 Manager 1 DIRECT Coordinator PMU (Hired Environmental 1 Consultant) Social 1 GBV 1 IOM Civil Works Engineer 5 (Sadar Hospital and Supervisor 20 Community Clinic Worker 300 Reconstruction) Consultant Project Assistant IOM Capacity Community 20 Building linkage/BCC/referral support staff Resource management & support staff UNFPA Civil Works Engineer 3 (Union Level Health Supervisor 10 Complex, WFS, Worker 100 MCWC) UNICEF Civil Works Engineer 2 (Upazilla Level Supervisor 10 health Facilities) Worker 100 CONTRACTED WHO (Waste Trainer 20 Management) Psychiatrist & support 300 staff Biomedical engineer Anesthesiologist Medicine Consultant Medical technologist Obstetrician Medical Officers UNAs Medical Anesthesiologists Staffs and Doctors Midwives Clinical Aid Lab Technician Sonologist Midwives Pharmacists & Assistants Vaccinator 7|Page ObGyn Radiographer ECO tech Nutrition Officer/Specialist Camp health focal point Community Health Workers Case Workers 25 UNFPA GBV Service Psycho-social 50 Counsellors Administrative Statistical assistants 100 Staffs Call center operator Cleaners Drivers Porters Security guards Electrician Plumber Carpenter Gardener Lift Operator Ward boy The worker/labor requirement above is an estimation and will be confirmed at contract award. Timing of Labor Requirement The Direct Workers have already been recruited and will be employed throughout the project. The employment of the contracted staffs/workers will be done before signing of contract for specific activities. Characteristics of Labor Force The staffs will range from medical workers, administrative staff and laborers who are expected to be skilled. It is estimated that women would be employed equally as males. There will be no child or forced labor used for the project. 4. ASSESSMENT OF KEY POTENTIAL LABOR RISKS Given the nature of interventions—small scale repair and renovation including construction, psychosocial counselling and community engagement, labor related risk is expected to be low. Labor requirements are expected to be low in size mostly supplied by local labor from the community who will be Contracted Workers (as per ESS2 definition). Thus, there will be no labor influx and risks related to labor influx. As with any other project with similar interventions, following are the key potential labor risks that have been identified by the ES assessment and will be mitigated through this HORMP under the Environmental and Social Commitment Plan (ESCP): • The project will recruit Health and GBV response service providers (doctors, nurses, 8|Page paramedics, counselors etc.). As these workers will provide Health, Nutrition and Population (HNP) service, the health-care workers and relevant stakeholders may be exposed to health risks from infectious diseases and waste. • Employment practices that are not compliant with either labor laws of the country or ESS 2. For example, wages not proportionate with tasks performed or industry standards, discrimination towards women and workers with disabilities or other vulnerabilities, unlawful termination, withholding of benefit etc. • Child/forced/trafficked labor and use of unscrupulous labor practices will not be engaged under the project. • The conduct of hazardous work, such as working at heights or in confined spaces, use of heavy machinery are not envisaged. • Lack of Occupational Health and Safety (OHS) practices and procedures, especially in the context of COVID-19 outbreak. • Since the staffs and the beneficiaries will have to be in close proximity to one another during the health and gender interventions under the project, the risk of communicable disease spread, especially COVID-19 among them as well as their immediate family members is high. Lack of knowledge, lack of provision of PPEs and training, lack of social distancing measures on part of the project workers may exacerbate the situation. • Though low, there is a potential risk of Gender Based Violence (GBV) and Sexual Exploitation Abuse and Harassment (SEAH) by the laborers on fellow female laborers, by other project staff on beneficiaries, as well as amongst each other. 5. OVERVIEW OF LABOR LEGISLATION: TERMS AND CONDITIONS Terms and Conditions of employment is guided by The Bangladesh Labor Act, 2006 and Amendment 2013 that illustrate the basic conditions of employment which are materially consistent with ESS2. The Act makes it mandatory for employers to furnish employees with written particulars of employment stating, hours of work, wages, leave entitlements, job description, grievance procedure, benefits if any etc. This Act also contains: • Contracts of employment • Leave entitlements, i.e. annual leave, sick leave, maternity leave and compassionate leave • The protection of wages (prohibition against unlawful deductions) • Retrenchment procedures • Fair and unfair reasons for termination of employment • Grievance mechanism Chapter 6 of The Bangladesh Labor Act 2006 (Safety) specifically details the safety and working condition of the assigned workers. The salient aspects that this chapter illustrates are: • Safety of building and machinery. It details with the inspection requirement of these installations and actions to be taken if these are found unsafe for workers. • Fencing of machinery, machinery in motion, automatic machines . Details the fencing and safety requirement to be set around dangerous machinery. 9|Page • Floors, Stairs and Passages. Sets out the construction and setup requirement for safe access and ease of use. • Excessive weights. Illustrates that no excessive weights to be lifted by any worker. • Dangerous fumes and explosive and flammable gas . Details courses of action in case dangerous and explosive gases and fumes are in work area. • Personal protective equipment (PPE). Makes it mandatory to supply workers with quality PPE including helmet, gloves, boot, etc. This is essential given the COVID-19 outbreak. Chapter 7 of the same Act (Special Provision Relating to Health, Hygiene and Safety) details: • Dangerous operations. All potential dangerous operations to be declared and women and children to be barred from such operations. • Notice on accident. Makes it mandatory to report any accident in workplace. • Notice on diseases. If any worker is infected with any disease listed in the Second Schedule of the Act, it is mandatory to notify and the employer is obligated to treat the worker. • Restriction to Employ Women Worker. Lists specific assignments where women may not be employed. Communicable Diseases (Prevention, Control and Eradication) Act 2018: The Act was passed in 2018 and the objective is to protect the people from the national and international spread of infectious diseases, to prevent, control and eradicate such diseases, to issue global alerts and to increase mutual support for the outbreak of the disease, to increase the capacity for precise risk management and to spread related education, to review the progress of diseases, to protect rights including systematic loss. 6. RESPONSIBLE STAFF AND PROCEDURES The summary of responsibility with respect to labor issues is appended below: Overall Management. MoHFW has the overall responsibility to oversee all aspects of the implementation of the HORMP. No separate Project Management Unit will be established, as the proposed project will be implemented as part of the sector program, using existing government structures for implementing the activities. The Project’s PIU will subsequently be responsible for management of workers’ (trainer, staffs etc.) issues in the field through monitoring of UNAs. They will be required to adopt and implement good labor management practices acceptable to the IA. The Social Development Specialist (SDS) hired under the project will be the focal points of overall management of labor issues. Occupational Health and Safety (OHS). The UNAs must ensure day-to-day compliance with acceptable safety measures and will record safety incidents. Minor incidents are reported to PIU on a monthly basis, serious incidents are reported immediately. Minor incidents are reflected in the quarterly reports to the WB, major issues are flagged to the WB immediately. The ES and GBV Consultants are responsible to oversee any OHS, GBV, HCWM issues and address them. Labor and Working Conditions. UNAs will comply with the provision of labor conditions including non-discrimination, wages, safer working conditions, safety trainings etc. PIU will carry out periodic monitoring to ensure that labor working conditions are met as per national legislation. Worker Grievances. A Grievance Redress Mechanism (GRM) has been detailed (Section 10) with this HORMP including the setup of Grievance Redress Committees (GRCs). The UNAs and Project Staff 10 | P a g e will be required to abide by the provisions of the GRM. The SDS will review records on a monthly basis. The PIU will keep abreast of resolutions and reflect in quarterly reports to the World Bank. Given the anticipated number of the project personnel/workers, the workers’ GRM, will be a separate entity from the Project level GRM, though personnel in the committees (GRC) on both the GRMs may have overlapping functions. Reporting Channels for the GRMs may also be same. GBV/SEAH, communicable diseases. Continuous motivation, monitoring and reporting on the same is the responsibility of the PIU in collaboration with the UNAs. The Gender Consultant hired under the project as a part of the PIU will be fully responsible to ensure that various personnel, especially contracted workers under the UNA’s know, are trained on their obligations and GRM procedure and sign a CoC (example in Annex 3) with respect to avoidance of any form of SEA/SH (examples in Annex 2). The SDS will oversee the reporting of communicable diseases if any project workers contract any, especially during COVID-19 outbreak situation (Guidelines in Annex 1). Capacity Building/ Training. PIU and UNAs are required to ensure that the assigned personnel are adequately trained and briefed with overall safety arrangement (especially in regards to COVID-19 guidelines), use of equipment (especially PPE), HCWM, GRM procedure, Labor rights, SEA/SH risks and working conditions of the project. PIU is also responsible for the preparation and obtaining signed CoC (example in Annex 3). Verification, Monitoring and Evaluation (M&E). The implementation progress of the project interventions will be monitored by the MOHFW at the central, district and upazilla levels. The committees from national to union level will be actively involved in monitoring the progress. At the national level, the two Secretaries, Health Service Division (HSD) and Medical Education and Family Welfare Division (ME&FWD) of the MOHFW will monitor and supervise the overall progress. Activities related to the One Stop Center (OCC, district) and One Stop Cells (Upazillas) will monitored by MOHFW in coordination with MOWCA using the existing platform through which such coordination has already been taking place since the establishment of the OCC system in Bangladesh. There will be meetings between the Secretaries of the two Ministries for monitoring and addressing issues requiring their guidance. The district officials of the two divisions of MOHFW will be responsible for overall project implementation and monitoring. In addition, the GRM and other community engagement mechanisms detailed in the SEP will support the monitoring arrangements to be established in the proposed project. The implementation progress data will feed into existing reports, which will include a comprehensive mapping of services provided to DRP in the camps. This will facilitate coordination and avoid overlap. 5.1. Specific Responsibilities of Borrower to Address COVID-19 Outbreak before Employing Personnel/Worker MoHFW should confirm that adequate precautions to prevent or minimize an outbreak of COVID-19 have been taken and they have identified what to do in the event of an outbreak. Suggestions on how to do this are set out below and further guidelines given in Annex 1: • The PIU should request details from the UNAs/responsible staffs of the measures being taken to address the risks. The contract should include health and safety requirements, and these can be used as the basis for identification of, and requirements to implement, COVID-19 specific measures. The measures may be presented as a contingency plan, as an extension of the existing project emergency and preparedness plan or as standalone procedures. This 11 | P a g e request should be made in writing (following any relevant procedure set out in the contract between the IAs and the UNAs). • In making the request, it may be helpful for the PIU to specify the areas that should be covered. This should include awareness and training on the current and relevant guidance provided by national authorities, WHO and other organizations regarding Covid-19. • The PIU together with the UNAs should periodically consult with the project health and safety specialists/ medical staff (and where appropriate the local health authorities), to ensure adequate measures are being implemented to ensure OHS. Such discussions should also be detailed in the progress reports. • Under the supervision of the SDS, the heads of construction workers at each site should act as a focal point to deal with COVID-19 issues. This can be a supervisor or a health and safety specialist under one of the UNAs. This person will be responsible for making sure that the measures taken are communicated to all under their mandate such as all workers and those entering the premises. • The SDS will assist UNAs in identifying appropriate mitigation measures detailed in the ESCP, particularly where these will involve interaction among various project actors. The SDS will connect project representatives with local Government entities to help coordinate a strategic response, which takes into account the availability of resources. • All project workers should be sensitized, trained and encouraged to use the existing project grievance mechanism to report concerns relating to COVID-19, preparations being made by the project to address COVID-19 related issues, how procedures are being implemented, and concerns about the health of their co-workers and other staff. 7. POLICIES AND PROCEDURES This section outlines main policies and procedures to be followed during the implementation of the project and will be updated and amended as needed, after contracts have been awarded. Bangladesh has in place the Bangladesh Labor Act 2006 and Amendment 2013, National Occupational Health and Safety Policy 2013 and Communicable Diseases (Prevention, Control and Eradication) Act 2018 that illustrate rights and responsibilities of employers and workers, conditions of employment, child and force labor issues, OHS requirements, requirement related to communicable disease such as COVID-19 etc. The principles and procedures presented below represent minimum requirements but are not an exhaustive list of requirements. • It is to be noted that as per ESF, the term labor includes Direct Workers, Contracted Workers, Primary Supply Workers and Community Workers—a more inclusive term than that of Bangladesh Labor Law/Act. • The ESF makes it mandatory to develop an HORMP and ensure OHS guidelines. • ESF also includes non-discrimination provisions to protect disadvantaged or vulnerable individuals (including women workers, persons with disability workers etc) or groups, and to allow them to access employment opportunity and equality in terms of opportunity, payment and other labor issues. It is also required that the Implementing Agency considers, mitigates, and manages potential impacts on such individuals and groups. 12 | P a g e • As opposed to the Labor Law/Act, the ESF also establishes the requirement for a grievance mechanism separately for workers besides other stakeholders of the Project. • As The employment of project workers will be based on the principles of non-discrimination and equal opportunity. There will be no discrimination with respect to any aspects of the employment relationship, such as recruitment, compensation, working conditions and terms of employment, access to training, promotion or termination of employment. In addition, to ensure compliance with WB ESS, National and International Laws on OHS and Covid- 19, the following measures will be developed by the UNAs and monitored by SDS to ensure fair treatment of all employees under this HORMP per the ESCP: • As per Labor Code requirements, recruitment procedures will be transparent, public and non- discriminatory with respect to ethnicity, religion, disability, gender, and other grounds included in the Labor Code • Applications for employment will be considered in accordance with the application procedures established for the project by PIU/UNAs • PIU will ensure that at no stage of the project will anyone pay hiring fees. • The contracts may be developed in Bangla so as to be understandable by all • In addition to written documentation, an oral explanation of conditions and terms of employment will be provided to all who may have difficulties with understanding the documentation • While communicating with female workers, PIU will ensure they understand their rights and process of raising issues (especially related to SEA/SH) and grievances related to their employment through the project GRM • PIU will ensure that no forced or child labor would be allowed • PIU will ensure training for workers including response to emergency situations and ES issues. • PIU will ensure that a clear description of relevant national Labor laws and their adoption in the HR policy communicated to all workers • Project Director, Contractors, Workers and Project Staff to sign and abide by an Occupational Code of Conduct including GBV issues • PIU will ensure measures to address formation of labor/workers/ employee organizations • PIU, in collaboration with UNAs will ensure cordial relations amongst project workers The health and safety procedure illustrated in the Labor Acts, WB Environmental and Health Safety Guidelines (EHSG), ESS 2, Communicable Diseases (Prevention, Control and Eradication) Act 2018 as well as guidelines to address COVID-19 issues (see Annex 1) will be referenced in all activities under the Project. The SDS is expected to carry out field visits and inspections of the construction from time to time. However, the WBG's EHSG may not have sufficient details and specific requirements to deal with various occupational health and safety issues posed by the project, thus the IA should put in place specific standards meeting Good International and Industry Practices (GIIP) in the contracts reflecting appropriate level of risk. PIU will include into the contract specific OHS standard requirements that all UNAs will meet under this project. The standards will be consistent with local regulations, WBG EHS guidelines, COVID-19 Protocols and GIIP. The following OHS standard requirements should be borne in mind: • An ES risk assessment screening of project sites will be completed before the commencement of any activities, and safety measures will be implemented in accordance with applicable safety standards. • Rules for hazardous and life-threatening works; 13 | P a g e • Emergency response procedure; • Respiratory prevention to chemical and airborne hazards (including dust, silica and asbestos); Electrical safety (hazardous energies control, safe distance work, wiring and design protection, grounding, circuit protection, arc fault protection, PPE etc); hazards communication; Noise and vibration safety; fire safety; material handling safety; • PPEs, safety training and other preventive measures will be provided at no cost to employees and beneficiaries. • Periodic OHS meetings will be conducted to discuss preventive measures, deviations and non-compliances, accidents and corrective actions. • UNAs will conduct internal OHS surveys and audits to verify compliance of OHS practices. Non-compliances will be documented and reported internally. A time frame for a corrective action will be set and followed up. • Periodic OHS briefings will be conducted before highlighting the hazards and preventive measures from each job, especially those related to COVID-19 outbreak. UNAs will document and report to PIU all accidents and illness, especially symptoms of COVID-19, fatalities or serious injuries that may happen. • There must be on site resources for first aid and for more serious injuries there must be a pre-approved health facility for medical treatment, as well as appropriate transportation of injured/sick/symptomatic workers. • UNAs will control the access to the project site only to authorized people and verify if workers are meeting training and capacity requirements to carry out their jobs. All must complete at minimum an OHS induction to have access to the project sites. • PIU will arrange periodic supervision of PIU/UNAs OHS performance, including visits, at least monthly. These supervisions will cover compliance with above mentioned standards, accidents, violations of rules, recommendations, and progress of ongoing corrective actions. • PIU will inform WB promptly about any incident or accident related to the project which has, or is likely to have a significant adverse effect on the environment, the affected communities, the public or trainers and beneficiaries (labor, health and safety, or security incident, accident or circumstance) as soon as reasonably practicable. Such events can include COVID-19 cases and symptoms, protests, serious injuries or fatalities, project-caused injuries to community members or property damage. • A Code of Conduct (CoC), as per Annex 3, will be implemented by the UNAs/PIU that reflects the core values and overall working culture, provisions relating to GBV/SEAH, waste management and disease prevention, work ethics and special illustration on COVID-19 protocols. CoCs will have to be understood and signed by all workers. The content of the CoCs • will be included in the Agreement. • They will be required to provide the periodic information on the performance in terms of labor, OHS issues. The information will be included in their monthly report and will be reviewed by the PIU. 14 | P a g e 8. AGE OF EMPLOYMENT In the Bangladesh Labor Act, 2006, Section 34, it is mentioned that no child shall be employed to work in any occupation. Section 44 mentions that anyone under age 14 is considered as child and under 18 but over 14 is considered as adolescent. Section 37 of the act suggests a fitness certificate required for adolescents to get employed and they can be appointed to do the light works. Given the nature of work, no one below 18 years of age will be employed in this project. To ensure compliance, all employees will be required to produce National Identification Cards as proof of their identity and age which is the national identification document required for employment. If any person under the age of 18 years is hired by the IA or UNAs, measures (including investigation and disciplinary action) will be taken to address the issue by the PIU. 9. TERMS AND CONDITIONS The terms and conditions of employment in Bangladesh are governed by the provisions of Bangladesh Labor Act, 2006 in connection with The Control of Employment Ordinance, 1965. The Act makes it obligatory for employers to provide service book containing written particulars of employment, signed by both parties upon employment. For this project, the PIU and UNAs will be required to provide all its employees with written particular of employment. They will also be required to comply with the most current decision of Wages Board assigned by the government, as of December 2018, the amendment of the labor act was implemented regarding the labor wage. The wages can be settled based on local wage rate prevailing at the market but not less than standard wage rate contained in the most current wages regulation issued by the government recommended by the Wages Board Chairman. In this case, written appointment letter with all terms and conditions would be given to the employees. As a monitoring mechanism, no entity shall be entitled to any payment unless it has filed, together with claim for payment, a certificate: - a) stating whether any wages due to employees are in arrears; b) stating that all employment conditions of the contract are being complied with. It will be a material term of the contract to allow the IAs to withhold payment should they not fulfil their payment obligation to their workers. 9.1 Worker’s Organization The Bangladesh Labor Act, 2006 (Section 176) ratifies the Rights of Workers, guarantees all workers of their right to freely form, join or not join a trade union for the promotion and protection of the economic interest of that worker; and collective bargaining and representation and in the Bangladesh Labor Act, 2006, a worker’s welfare society holds the right to negotiate the terms and conditions of employment and other related matters and any worker has the right to join the welfare society. Section-119 of this Act suggest collective bargaining agent to negotiate representing the welfare society of workers. 15 | P a g e 10. GRIEVANCE REDRESS MECHANISM The Labor Act 2006 Section 33 provides for the Formal Grievance Procedure in case a worker who has been laid-off, retrenched, discharged, dismissed, removed, or otherwise terminated from employment. Section 202 (Subsection 24) describes the responsibilities of a Collective Bargaining Agent (CBA) especially bargain with the employer in matters of the conditions of work or environment of work of the workers and conduct cases on behalf of any individual worker or a group of workers under this Act. However, the PIU will require the UNAs to develop and implement a Grievance Redress Mechanism (GRM) for their own workforce prior to the start of design stage. They will also prepare their own workers’ GRM. The GRM must be well circulated and written in a language understood by all. The workers GRM will include: • A channel to receive grievances such as comment/complaint form, suggestion boxes, email, a telephone hotline that might also be anonymous; • Stipulated timeframes to respond to grievances; • A register to record and track the timely resolution of grievances; • A responsible section/wing/committee to receive, record and track resolution of grievances. The GRM will be described in the induction trainings, which will be provided to all project workers. The mechanism will be based on the following principles: • The process will be transparent and allow workers to express their concerns and file grievances. • There will be no discrimination against those who express grievances and any grievances will be treated confidentially. • Anonymous grievances will be treated equally as other grievances, whose origin is known. • Management will treat grievances seriously and take timely and appropriate action in response. Information about the existence of the grievance mechanism will be readily available to all project workers (direct and contracted) through notice boards, the presence of “suggestion/complaint boxes�, and other means as needed. • The Project workers’ grievance mechanism will not prevent workers to use conciliation procedure provided in the Labor Act 2006. • Considering the project’s potential “low� GBV risks, there is no need for a GBV-specific GRM. Potential GBV/SEAH cases will be mitigated through project level Grievance Redress Mechanism (GRM). The SDS will monitor the recording and resolution of grievances, and report these to PIU in their monthly progress reports. DETAILS OF GRM STRUCTURE Grievance Redress Committee (GRC) will be formed in the PIU. This GRC will have overlapping staff function as the Project GRC as mentioned in the SEP. Prior to the start of project activities, PIU officials will confirm establishment of such committees and notify stakeholders including WB Task Team, with the understanding that they will have to meet when complaints are received. As a minimum the composition of the GRC in each District will be as follows: • PIU senior representative - GRC Chair and Convener 16 | P a g e • One UNA staff/worker - GRC Committee Secretary • One representative from the Trainers - GRC Committee member STEPS TO A SOLUTION Step 1: The complainant will be advised to first attempt to settle the complaint through the local GRC. GRC at UNA level will endeavor to solve the problem within a week. The problem and solution will be recorded in the Grievance Log kept with the GRC. Step 2: If Step 1 fails to resolve the issue, the PIU (SDS) will be involved centrally to solve the issue in question within 2 weeks and the complainant will be informed of the timeline to solve the issue. The problem and solution will be recorded in the Grievance Log kept with the GRC. The complainant will not be barred to seek legal remedies. Any grievance filed with the GRC, must be reported in the Annual report to the PIU who will then submit a consolidated report to WB. To ensure impartiality and transparency, hearings on complaints will remain open to the public. The GRCs will record the details of the complaints and their resolution in a register, including intake details, resolution process and the closing procedures. PIU will maintain the following three Grievance Registers: Intake Register: (1) Case number, (2) Date of receipt, (3) Name of complainant, (4) Gender, (5) Father or husband, (6) Complete address, (7) Main objection (8) Complainants’ story and expectation with evidence, and (9) Previous records of similar grievances. Resolution Register: (1) Serial no., (2) Case no.,(3) Name of complainant, (4) Complainant’s story and expectation, (5) Date of hearing, (6) Date of field investigation (if any), (7) Results of hearing and field investigation, (8) Decision of GRC, (9) Progress (pending, solved), and (10) Agreements or commitments. Closing Register: (1) Serial no., (2) Case no., (3) Name of complainant, (4) Decisions and response to complainants, (5) Mode and medium of communication, (6) Date of closing, (7) Confirmation of complainants’ satisfaction, and (8) Management actions to avoid recurrence. The PIU will keep records of all resolved and unresolved complaints and grievances (one file for each case record) and make them available for review as and when asked for by Bank. The PIU will also prepare periodic reports on the grievance resolution process and publish these on the IAs website. 11. CONTRACT MANAGEMENT As part of the process to select Contractors, the PIU and the UNAs will review the following information: • Information in public records, for example, corporate registers and public documents relating to violations of applicable labor law, including reports from labor inspectorates and other enforcement bodies, if applicable; • Business licenses, registrations, permits, and approvals, if applicable; • Documents relating to a labor management system, including OHS issues, for example, labor management procedures; • Workers’ certifications/permits/training to perform required work; • Records of safety and health violations, and responses; recordable incidents; • Accident and fatality records and notifications to authorities; • Records of legally required worker benefits and proof of workers’ enrollment in the related programs; 17 | P a g e • Worker payroll records, including hours worked and pay received; • Copies of previous contracts with UNAs and suppliers, showing inclusion of provisions and terms reflecting/ materially consistent with ESS2. The PIU and UNAs will manage and monitor the performance of the contracted workers, focusing on compliance by them with their contractual agreements (obligations, representations, and warranties). This may include periodic audits, inspections, and/or spot checks of project locations or work sites and/or of labor management records and reports. Their labor management records and reports may include: (a) a representative sample of employment contracts or arrangements between third parties and contracted workers; (b) records relating to grievances received and their resolution; (c) reports relating to safety inspections, including fatalities and incidents and implementation of corrective actions; (d) records relating to incidents of non-compliance with national law; and (e) records of training provided for contracted workers to explain labor and working conditions and OHS for the project. 12. PRIMARY SUPPLY AND COMMUNITY WORKERS Based on the planned project activities, it is envisaged that no primary supplier of goods and construction materials will be engaged in the project as defined by ESS2. Required construction materials for very limited civil work (mainly repair and refurbishment) will be sourced from legal business entities with permits. However, if primary supply workers are engaged necessary steps will be taken to ensure that no child and/or force labor is involved and OHS requirement for the laborers are followed. 13. COMMUNITY HEALTH AND SAFETY The PIU and UNAs shall ensure the health and safety of the community arising from the usage of labor. Project sites will be screened and assessed by the ES consultants any risks or hazards associated with labor issues. After inspection, the ES consultants shall report back, which shall reflect on the risk of adverse consequences posed by the nature and use of the structural elements and the natural conditions of the area and determine mitigation measures. The spread of COVID-19 should be taken into consideration while interacting with local communities. Social distancing per COVID-19 guidelines between and among workers and community members must be maintained. 18 | P a g e Annex 1: General Guideline Covid-19 Considerations in Project Implementation INTRODUCTION. The PIU should identify measures to address the COVID-19 situation. What will be possible will depend on the context of the project: the location, existing project resources, availability of supplies, capacity of local emergency/health services, the extent to which the virus already exist in the area. A systematic approach to planning, recognizing the challenges associated with rapidly changing circumstances, will help the project put in place the best measures possible to address the situation. As discussed above, measures to address COVID-19 may be presented in different ways (as a contingency plan, as extension of the existing project emergency and preparedness plan or as standalone procedures). Implementing Agencies (IA), PIU and UNAs will refer to guidance issued by relevant authorities, both national and international (e.g. WHO), which is regularly updated (WHO advice for the public, including on social distancing, respiratory hygiene, self-quarantine, and seeking medical advice, can be consulted on this WHO website: https://www.who.int/emergencies/diseases/novel- coronavirus-2019/advice-for-public). Addressing COVID-19 at a project site goes beyond occupational health and safety and is a broader project issue which will require the involvement of different members of a project management team. In many cases, the most effective approach will be to establish procedures to address the issues, and then to ensure that these procedures are implemented systematically. Where appropriate given the project context, a designated team should be established to address COVID-19 issues, including PIU representatives, management (e.g. the project director) of project, UNAs, security, and medical and OHS professionals. Procedures should be clear and straightforward, improved as necessary, and supervised and monitored by the COVID-19 focal point(s). Procedures should be documented, distributed to PIU and UNAs, and discussed at regular meetings to facilitate adaptive management. The issues set out below include a number that represent expected good workplace management but are especially pertinent in preparing the project response to COVID-19. (a) ASSESSING PERSONNEL CHARACTERISTICS Project workers (medical staff, laborers, administrative and operations staffs et.c) will be employed under different terms and conditions and be accommodated in different ways. Assessing these different aspects of the workforce will help in identifying appropriate mitigation measures: • The PIU and UNAs should prepare a detailed profile of the project work force, key work activities, schedule for carrying out such activities, different durations of contract and rotations (e.g. 4 weeks on, 4 weeks off). • This should include a breakdown of workers who reside at home and workers who lodge within the local community. Where possible, it should also identify workers that may be more at risk from COVID-19, those with underlying health issues or who may be otherwise at risk. • Consideration should be given to ways in which to minimize movement in and out of project sites. This could include lengthening the term of existing contracts, to avoid workers returning home to affected areas, or returning to site from affected areas. • Consideration should be given to requiring workers lodging in the local community to move to site accommodation (subject to availability) where they would be subject to the same restrictions. 19 | P a g e • Workers from local communities, who return home daily, weekly or monthly, will be more difficult to manage. They should be subject to health checks at entry to project sites (as set out above) and at some point, circumstances may make it necessary to require them to either use accommodation near the project site. (b) ENTRY/EXIT TO THE PROJECT SITES Entry/exit in the project sites should be controlled and documented for all, including support staff and suppliers. Possible measures may include: • Establishing a system for controlling entry/exit to the site, securing the boundaries of the site, and establishing designating entry/exit points (if they do not already exist). Entry/exit to the site should be documented. • Staff who will be monitoring entry to the site, should be provided with the resources they need to document entry of workers, and recording details of any worker that is denied entry. • Confirming that workers are fit for work before they enter the site. While procedures should already be in place for this, special attention should be paid to workers with underlying health issues or who may be otherwise at risk. Consideration should be given to demobilization of staff with underlying health issues. • Checking and recording temperatures of workers and other people entering the site or requiring self-reporting prior to or on entering the site. • Providing daily briefings to workers prior to commencing work, focusing on COVID-19 specific considerations including cough etiquette, hand hygiene and distancing measures, using demonstrations and participatory methods. • During the daily briefings, reminding workers to self-monitor for possible symptoms (fever, cough) and to report to their supervisor or the COVID-19 focal point if they have symptoms or are feeling unwell. • Preventing a worker from an affected area or who has been in contact with an infected person from returning to the site for 14 days or (if that is not possible) isolating such worker for 14 days. • Preventing a sick worker from entering the site, referring them to local health facilities if necessary or requiring them to isolate at home for 14 days. • All workers going in and out of the project sites should be wearing adequate PPE including masks for the project works • Workers should periodically get tested for the Covid-19 virus. (c) HYGIENE MAINTENANCE TO PREVENT THE SPREAD OF COVID-19 Requirements on general hygiene should be communicated and monitored, to include: • Workers and staff on site on the signs and symptoms of COVID-19, how it is spread, how to protect themselves (including regular hand washing and social distancing) and what to do if they or other people have symptoms (for further information see WHO COVID-19 advice for the public). • Placing posters and signs around the site, with images and text in local languages. • Ensuring hand washing facilities supplied with soap, disposable paper towels and closed waste bins exist at key places throughout site, including at entrances/exits to work areas; where there is a toilet, canteen or food distribution, or provision of drinking water; in worker accommodation; at waste stations; at stores; and in common spaces. Where hand washing facilities do not exist or are not adequate, arrangements should be made to set them up. Alcohol based sanitizer (if available, 60-95% alcohol) can also be used. 20 | P a g e • Review worker accommodations, and assess them in light of the requirements set out in IFC/EBRD guidance on Workers’ Accommodation: processes and standards, which provides valuable guidance as to good practice for accommodation. • Setting aside part of worker accommodation for precautionary self-quarantine as well as more formal isolation of staff who may be infected. (d) CLEANING AND WASTE DISPOSAL Conduct regular and thorough cleaning of all site facilities, including offices, accommodation, canteens, common spaces. Review cleaning protocols for key construction equipment (particularly if it is being operated by different workers). This should include: • Providing cleaning staff with adequate cleaning equipment, materials and disinfectant. • Review general cleaning systems, training cleaning staff on appropriate cleaning procedures and appropriate frequency in high use or high-risk areas. • Where it is anticipated that cleaners will be required to clean areas that have been or are suspected to have been contaminated with COVID-19, providing them with appropriate PPE: gowns or aprons, gloves, eye protection (masks, goggles or face screens) and boots or closed work shoes. If appropriate PPE is not available, cleaners should be provided with best available alternatives. • Training cleaners in proper hygiene (including hand washing) prior to, during and after conducting cleaning activities; how to safely use PPE (where required); in waste control (including for used PPE and cleaning materials). (e) LOCAL MEDICAL AND OTHER SERVICES Given the limited scope of project medical services, the project may need to refer sick workers to local medical services. Preparation for this includes: • Obtaining information as to the resources and capacity of local medical services (e.g. number of beds, availability of trained staff and essential supplies). • Conducting preliminary discussions with specific medical facilities, to agree what should be done in the event of ill workers needing to be referred. • Clarifying the way in which an ill worker will be transported to the medical facility, and checking availability of such transportation. • Establishing an agreed protocol for communications with local emergency/medical services. • Agreeing with the local medical services/specific medical facilities the scope of services to be provided, the procedure for in-take of patients and (where relevant) any costs or payments that may be involved. • A procedure should also be prepared so that project management knows what to do in the unfortunate event that a worker ill with COVID-19 dies. While normal project procedures will continue to apply, COVID-19 may raise other issues because of the infectious nature of the disease. The project should liaise with the relevant local authorities to coordinate what should be done, including any reporting or other requirements under national law. (f) INSTANCES OR SPREAD OF THE VIRUS WHO provides detailed advice on what should be done to treat a person who becomes sick or displays 21 | P a g e symptoms that could be associated with the COVID-19 virus (for further information see WHO interim guidance on infection prevention and control during health care when novel coronavirus (nCoV) infection is suspected). The project should set out risk-based procedures to be followed, with differentiated approaches based on case severity (mild, moderate, severe, critical) and risk factors (such as age, hypertension, diabetes). These may include the following: • If a worker has symptoms of COVID-19 (e.g. fever, dry cough, fatigue) the worker should be removed immediately from work activities and isolated on site. • If testing is available on site, the worker should be tested on site. If a test is not available at site, the worker should be transported to the local health facilities to be tested (if testing is available). • If the test is positive for COVID-19 or no testing is available, the worker should continue to be isolated. This will either be at the work site or at home. If at home, the worker should be transported to their home in transportation provided by the project. • Extensive cleaning procedures with high-alcohol content disinfectant should be undertaken in the area where the worker was present, prior to any further work being undertaken in that area. Tools used by the worker should be cleaned using disinfectant and PPE disposed of. • Co-workers (i.e. workers with whom the sick worker was in close contact) should be required to stop work, and be required to quarantine themselves for 14 days, even if they have no symptoms. • Family and other close contacts of the worker should be required to quarantine themselves for 14 days, even if they have no symptoms. • If a case of COVID-19 is confirmed in a worker on the site, visitors should be restricted from entering the site and worker groups should be isolated from each other as much as possible. • If workers live at home and has a family member who has a confirmed or suspected case of COVID-19, the worker should quarantine themselves and not be allowed on the project site for 14 days, even if they have no symptoms. • Workers should continue to be paid throughout periods of illness, isolation or quarantine, or if they are required to stop work, in accordance with national law. • Medical care (whether on site or in a local hospital or clinic) required by a worker should be paid for by the employer. (g) TRAINING AND COMMUNICATION WITH WORKERS Workers need to be provided with regular opportunities to understand their situation, and how they can best protect themselves, their families and the community. They should be made aware of the procedures that have been put in place by the project, and their own responsibilities in implementing them. • It is important to be aware that in communities close to the site and amongst workers without access to project management, social media is likely to be a major source of information. This raises the importance of regular information and engagement with workers that emphasizes what management is doing to deal with the risks of COVID-19. Allaying fear is an important aspect of work force peace of mind and business continuity. Workers should be given an opportunity to ask questions, express their concerns, and make suggestions. • Training of workers should be conducted regularly, as discussed in the sections above, providing workers with a clear understanding of how they are expected to behave and carry out their work duties. • Training should address issues of discrimination or prejudice if a worker becomes ill and provide an understanding of the trajectory of the virus, where workers return to work. 22 | P a g e • Training should cover all issues that would normally be required on the work site, including use of safety procedures, use of construction PPE, occupational health and safety issues, and code of conduct, taking into account that work practices may have been adjusted. • Communications should be clear, based on fact and designed to be easily understood by workers, for example by displaying posters on hand washing and social distancing, and what to do if a worker displays symptoms. (h) COMMUNICATION AND CONTACT WITH THE COMMUNITY Relations with the community should be carefully managed, with a focus on measures that are being implemented to safeguard both workers and the community. The community may be concerned about the presence of non-local workers, or the risks posed to the community by local workers presence on the project site. The following good practice should be considered: • Communications should be clear, regular, based on fact and designed to be easily understood by community members. • Communications should utilize available means. In most cases, face-to-face meetings with the community or community representatives will not be possible. Other forms of communication should be used; posters, pamphlets, radio, text message, electronic meetings. The means used should take into account the ability of different members of the community to access them, to make sure that communication reaches these groups. • The community should be made aware of procedures put in place at site to address issues related to COVID-19. This should include all measures being implemented to limit or prohibit contact between workers and the community. These need to be communicated clearly, as some measures will have financial implications for the community (e.g. if workers are paying for lodging or using local facilities). The community should be made aware of the procedure for entry/exit to the site, the training being given to workers and the procedure that will be followed by the project if a worker becomes sick. • If project representatives, UNAs or workers are interacting with the community, they should practice social distancing and follow other COVID-19 guidance issued by relevant authorities, both national and international (e.g. WHO). 23 | P a g e Annex 2: Examples of GBV/SEA/SHA Related Risks due to Major Civil Works and Labor Influx Note. The SEA/SH risk rating for this project is Low. There will be no major civil works in the project and hence very limited possibility of labor influx. The civil works in this project is minor in nature. Though possibility is low, the likely manifestations of SEA/SH in this project include: • Physical violence (such as slapping, kicking, hitting, or the use of weapons); • Emotional abuse (such as systematic humiliation, controlling behavior, degrading treatment, insults, and threats); • Limited cases of sexual violence, which includes any form of non-consensual sexual contact, including rape; • Economic abuse and the denial of resources, services, and opportunities (such as restricting access to financial, health, educational, or other resources with the purpose of controlling or subjugating a person); SEA/SH at the health care sites may have either one or other forms as mentioned below: • Higher wages for workers in the local community can lead to an increase in transactional sex including incidents of sex between laborers and minors. • Though minor in form, civil work projects may cause shifts in power dynamics between community members and within households. This may lead to abusive behavior within the homes of those affected by the project. • Job opportunities of local women and girls are generally limited. However, with civil work in the neighborhood, they may avail job opportunities in the project area and as a result be victims of SEA and workplace SH. 24 | P a g e Annex 3: Labor Code of Conduct covering the SEA/SHA related risks Introduction The company providing construction services for HGSP is committed to ensuring a work environment which minimizes any negative impacts on the local environment, communities, and its workers. The company also strongly commits to creating and maintaining an environment in which Sexual Exploitation and Abuse (SEA) and Sexual Harassment (SH) have no place, and where they will not be tolerated by any employee, sub-contractor, supplier, associate, or representative of the company. The purpose of this Code of Conduct is to: 1. Create a common understanding of what constitutes expected behavior from workers 2. Create a shared commitment to standard behaviors and guidelines for company employees to prevent, report, and respond to any environmental and social negative issues (including SEA/SH), and 3. Create understanding that breach of this code of conduct will result in disciplinary action. Definitions Sexual Exploitation and Abuse (SEA)1 Is defined as any actual or attempted abuse of a position of vulnerability, differential power, or trust, for sexual purposes, including, but not limited to, profiting monetarily, socially or politically from the sexual exploitation of another2. Sexual Abuse: “The actual or threatened physical intrusion of a sexual nature, whether by force or under unequal or coercive conditions.� Sexual Harassment:3 Unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of sexual nature. Sexual Harassment versus SEA4 SEA occurs against a beneficiary or member of the community. Sexual harassment occurs between personnel/staff of an organization or company and involves any unwelcome sexual advance or unwanted verbal or physical conduct of a sexual nature. The distinction between the two is important so that agency policies and staff trainings can include specific instruction on the procedures to report each. Consent is the choice behind a person’s voluntary decision to do something. Consent for any sexual activity must be freely given, ok to withdraw, made with as much knowledge as possible, and specific to the situation. If agreement is obtained using threats, lies, coercion, or exploitation of power imbalance, it is not consent. Under this Code of Conduct5 consent cannot be given by anyone under the age of 18, regardless of the age of majority or age of consent locally. Mistaken belief regarding the age of the child is not a defense. There is no consent when agreement is obtained through: • the use of threats, force or other forms of coercion, abduction, fraud, manipulation, deception, or 1 As defined in the UN Secretary’s bulletin – Special Measures for protection from sexual exploitation and abuse October, 9, 2003 ST/SGB/2003/13 2In the context of World Bank Financed operations exploitation occurs when access to, or benefit from a World Bank Financed good or service is used to extract sexual gain. 3 Inter-Agency Standing Committee Protection against Sexual Exploitation and Abuse (PSEA): Inter-agency cooperation in community based complaint mechanism. Global standard Operating Procedures. May 2016 4 Ibid 5In accordance with the United Nations Convention on the Rights of the Child. 25 | P a g e misrepresentation • the use of a threat to withhold a benefit to which the person is already entitled, or • a promise is made to the person to provide a benefit. While all forms of violence against a community resident or a co-worker are forbidden, this code of conduct is particularly concerned with the prevention and reporting of sexual exploitation and abuse (SEA) and sexual harassment which constitute gross misconduct, are grounds for termination or other consequences related to employment and employment status: (1) Examples of sexual exploitation and abuse include, but are not limited to: • A project worker tells women in the community that he can get them jobs related to the work site (cooking and cleaning) in exchange for sex. • A worker that is connecting electricity input to households says that he can connect women headed households to the grid in exchange for sex. • A project worker gets drunk after being paid and rapes a local woman. • A project worker denies passage of a woman through the site that he is working on unless she performs a sexual favor. • A manager tells a woman applying for a job that he will only hire her if she has sex with him. • A worker begins a friendship with a 17-year-old girl who walks to and from school on the road where project related work is taking place. He gives her rides to school. He tells her that he loves her. They have sex. (2) Examples of sexual harassment in a work context include, but are not limited to: • Male staff comment on female staffs’ appearances (both positive and negative) and sexual desirability. • When a female staff member complains about comments male staff are making about her appearance, they say she is “asking for it� because of how she dresses. • A male manager touches a female staff members’ buttocks when he passes her at work. A male staff member tells a female staff member he will get her a raise if she sends him naked photographs of herself. Individual signed commitment: I, ______________________________, acknowledge that sexual exploitation and abuse (SEA) and sexual harassment, are prohibited. As an (employee/contractor) of (contracted agency / sub-contracted agency)in(country), I acknowledge that SEA and SH activities on the work site, the work site surroundings, at workers’ camps, or the surrounding community constitute a violation of this Code of Conduct. I understand SEA and SH activities are grounds for sanctions, penalties or potential termination of employment. Prosecution of those who commit SEA and SH may be pursued if appropriate. I agree that while working on the project I will: • Treat all persons, including children (persons under the age of 18), with respect regardless of sex, race, color, language, religion, political or other opinion, national, ethnic or social origin, gender identity, sexual orientation, property, disability, birth or other status. • Commit to creating an environment which prevents SEA and SH and promotes this code of conduct. In particular, I will seek to support the systems which maintain this environment. • Not participate in SEA and SH as defined by this Code of Conduct and as defined under (country) law (and other local law, where applicable). • Not use language or behavior towards women, children or men that is inappropriate, harassing, abusive, sexually provocative, demeaning or culturally inappropriate. • Not participate in sexual contact or activity with anyone below the age of 18. Mistaken belief regarding the age of a child is not a defense. Consent from the child is also not a defense. I 26 | P a g e will not participate in actions intended to build a relationship with a minor that will lead to sexual activity. • Not solicit/engage in sexual favors in exchange for anything as described above. • Unless there is the full consent by all parties involved, recognizing that a child is unable to give consent and a child is anyone under the age of 18, I will not have sexual interactions with members of the surrounding communities. This includes relationships involving the withholding or promise of actual provision of benefit (monetary or non-monetary) to community members in exchange for sex—such sexual activity is considered “non- consensual� under this Code. I commit to: • Adhere to the provisions of this code of conduct both on and off the project site. Attend and actively partake in training courses related to preventing SEA and SH as requested by my employer. If I am aware of or suspect SEA/ SH, at the project site or surrounding community, I understand that I am encouraged to report it to the Grievance Reporting Mechanism (GRM) or to my manager. The safety, consent, and consequences for the person who has suffered the abuse will be part of my consideration when reporting. I understand that I will be expected to maintain confidentiality on any matters related to the incident to protect the privacy and security of all those involved. Sanctions: I understand that if I breach this Individual Code of Conduct, my employer will take disciplinary action which could include: • Informal warning or formal warning • Additional training. • Loss of salary. • Suspension of employment (with or without payment of salary) • Termination of employment. • Report to the police or other authorities as warranted. I understand that it is my responsibility to adhere to this code of conduct. That I will avoid actions or behaviors that could be construed as SEA and SH. Any such actions will be a breach this Individual Code of Conduct. I acknowledge that I have read the Individual Code of Conduct, do agree to comply with the standards contained in this document, and understand my roles and responsibilities to prevent and potentially report SEA and SHA issues. I understand that any action inconsistent with this Individual Code of Conduct or failure to act mandated by this Individual Code of Conduct may result in disciplinary action and may affect my ongoing employment. Signature: _________________________ Printed Name: _________________________ Title: _________________________ Date: ________________________ 27 | P a g e