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- French Vigilance Law Holds Companies Accountable for Preventing Human Rights and Environmental Abuse
France has put the force of law behind corporations’ moral duty to respect human rights and minimize adverse environmental impacts. Under the 2017 French legislation known as the “Duty of Vigilance” or “Duty of Care” law, certain large companies have an affirmative obligation to prevent human rights violations and environmental abuse – both within the company itself, as well as its subsidiaries and even subcontractors and suppliers. The law originally carried the threat of multi-million-euro fines for failure to comply. Although the fines were removed from the legislation after judicial review, violations could still pose serious consequences for companies that fall short of their obligations. Companies covered by the law should develop, implement and enforce due diligence plans to identify and thwart corporate activities that threaten fundamental human rights and environmental integrity. The law requires companies to follow the U.N. Guiding Principles on Business and Human Rights in the execution of vigilance plans. Due to the novelty and complexity of the legislation, it is understandable that uncertainty remains in the business community regarding the scope of the law and what steps are necessary for compliance. Labor Solutions offers a suite of tools and services to assist companies in their efforts to comply with the law. Which Companies Must Comply? The French Duty of Vigilance law applies to the largest companies in France. According to the legislation, companies must comply with the law if: The company is established in France. and The company has had at least 5,000 employees in France, both at the main company and at its subsidiaries, at the end of the two previous fiscal years. or The company and its subsidiaries have at least 10,000 employees in France and in other countries. What Does the Duty of Vigilance Law Require? The law mainly focuses on the creation and implementation of a vigilance plan to identify and prevent corporate abuses from infringing on basic human rights or adversely impacting the environment. According to the law, the plan must include: Identification, analysis and ranking of potential risks An outline of procedures to periodically asses compliance on the part of the company’s subsidiaries, subcontractors and suppliers Steps to address risks and prevent violations A method for identifying potential or existing risks in cooperation with representatives of relevant trade unions A monitoring system to assess the effectiveness and efficiency of the program The company’s stakeholders should play a role in developing the plan. The company must include its vigilance plan and reports on implementation in its public annual report. What Are the Potential Consequences for Failure to Comply? If a covered company fails to create, implement or publish a vigilance plan as required by the law, any “concerned parties” may file a complaint. The company will be given formal notice of its obligation to comply. The company will have three months to bring its affairs into compliance. If the company remains in violation of its obligations under the law, a judge could impose a civil fine. The law initially called for the imposition of civil fines up to €10 million for failure to comply – and fines up to €30 million if actual human rights or environmental violations resulted from the company’s failure to meet its Duty of Vigilance obligations. However, since the fines were censored during judicial review, it remains unclear what sort of penalties a company may face if it is found to have violated the law’s requirements. A company that violates the Duty of Vigilance law could also be held liable for paying compensation related to human rights violations or environmental abuses that could have been prevented if the company had complied with its legal obligations. What’s the Bottom Line for Companies Affected by the Duty of Vigilance Law? While the full extent of potential financial exposure remains unsettled under the French Duty of Vigilance law, it is clear that compliance is the best option for avoiding costly fines and tort liability – not to mention negative publicity that could tarnish a company’s reputation. Labor Solutions provides tech-based tools and in-person services to assist companies in their efforts to comply with the French Duty of Vigilance law in order to avoid negative consequences for violations of the law. Some of the ways we can help your company comply with the Duty of Vigilance law include: Creation of an effective vigilance plan Establishing procedures to ensure compliance Designing systems to identify and address potential risks Drafting reports outlining the company’s efforts in compliance with the law Conducting surveys of stakeholders to further compliance Comprehensive consulting services to assist with the overall integration of compliance efforts We are prepared to discuss how we can work with your organization to better understand the law’s requirements and to develop a plan to ensure compliance. Sources: European Coalition for Corporate Justice International Review of Compliance and Business Ethics
- Disseminating Information After Covid-19 Crisis in China: A Case Study
The Solution Overview In this case study, the Labor Solutions team facilitated communication from factory managers to their workers using the WOVO platform. WOVO is an integrated mobile and web-based system that allows managers to send information to workers’ mobile phones via broadcasts and newsletters. Additionally, it provides worker voice and wellbeing tools that foster wellness and productivity, and gives management actionable data. Background When Chinese footwear factory Dongguan Pouchen reopened as the number of COVID-19 cases subsided in China, it sought a way to inform its workers of the precautions they would need to take as they returned to work. The traditional channels of information dissemination – such as public announcements systems and notice boards – were either too limited, or weren’t ideal in light of new social distancing rules. Outcome Pouchen used WOVO to send newsletters describing actions workers needed to take to protect themselves and their coworkers. These actions included properly using disinfectants, conducting or being prepared for more frequent workplace inspections, adhering to social distance guidelines, and wearing masks and other personal protective equipment where necessary. The WOVO mobile application allowed workers to view this content in a “dynamic and eye-catching” way, according to Pouchen, which helped ensure that workers would pay attention to it. Labor Solutions also provided Pouchen with images and content for the factory to send informative broadcast messages to workers. Dianzhen Lin, Pouchen’s Human Resources Manager, said WOVO was essential for a smooth transition into the new normal. She added, “with WOVO we were able to quickly inform workers what was going to happen. The SMS accessibility of WOVO also allows companies to spread the word to those who do not own a smartphone, reaching basically everyone in the workforce.”
- Is Your Worker Voice Program Hurting or Helping Workers?
Increasingly, retailers, brands and multi-stakeholder groups are adding worker feedback into their social compliance programs and standards. We are excited that workers are finally being included into the process, but caution that the trend to conduct worker surveys quickly and haphazardly could hurt workers more than help. The trend to conduct worker surveys quickly and haphazardly could hurt workers more than help. The power dynamic of a traditional audit is clear: buyer > supplier. The same cannot be said about worker participation in an audit; a worker's honesty could lead to their employer failing the audit and thus, the worker losing their job. Thus, incorporating worker voice into social compliance programs must be more comprehensive then simply deploying a survey to collect data. Trust is at the core of all worker engagement efforts. Workers must trust that responses are anonymous and must trust the integrity of the process or handling feedback. Putting value judgements on worker feedback often produces misleading results. Workers who do not feel like their situation will change will not speak up, while those who do believe their voice can create change will speak up. This results in facilities with the least vulnerable, most vocal workers having the "lowest" scores. The industry's incentive for 'good feedback' inevitably affects all feedback. The industry's incentive for 'good feedback' inevitably affects all feedback. Technologies facilitating direct access to those whom social compliance programs were designed to protect can transform the way we understand and measure risks. They also tempt us into thinking there is an easy solution to a complex problem. Simply because technology has evolved does not mean the social infrastructures in which those technologies will be used can be neglected and ignored. Simply because technology has evolved, does not mean the social infrastructures in which those technologies will be used can be neglected and ignored. Holistic worker engagement and voice programs should be disassociated from audits, conducted with employers, be action oriented and include worker follow-up. Collecting the right data with the right incentives can not only help you better understand, but also reduce risks while improving the lives of workers. Using the right incentives to collect the right data, can not only help you better understand, but also reduce risks while improving the lives of workers. To help companies better incorporate worker voice into their compliance programs we've designed the Labor Solutions' Maximizing Worker Voice in Compliance Program. The comprehensive program, available globally, integrates strategy, technology and capacity building to help you effectively integrate worker feedback into your risk and compliance programs. The program brings together our survey technology, designed specifically for complex supply chains, with the experience and expertise of our team in a structured format that makes implementation easy, and long term sustainability possible. While we recommend supplier engagement, we know that it's not possible for everyone. We also know everyone is in a different point in their sustainability journey and capacity, therefore we've designed three levels of engagement to meet you where you are. No matter where you start, we'll craft a sustainable solution for you and your suppliers. Learn more here.
- Using WOVO Technology to Improve Worker Trust: A Case Study
The Solution Overview WOVO is an integrated mobile and web-based system designed to provide worker engagement and wellbeing by connecting workers and managers. WOVO’s Connect feature allows workers to send anonymized messages directly to management via text message or smart phone application. Managers can respond to each question directly, while the workers continue to maintain their anonymity. Additionally, WOVO provides data allowing management to track trends in the number and types of questions and complaints received by the system. Background Workers at an apparel factory in Indonesia were suspicious of grievance systems, with good reason. Under a previous system, management had questioned an employee whose identity had been revealed after he submitted what was supposed to be an “anonymous” grievance. Case Overview Labor Solutions helped workers overcome their initial reluctance to use WOVO, stemming from negative experiences with a previous grievance system. WOVO is an integrated mobile and web-based system featuring worker voice and wellbeing tools that foster safety, wellness and productivity. Workers fears eased after seeing how WOVO could be used to send anonymized messages directly to management via text message or smart phone application. In addition, requests that workers made through the system had been ignored. They had waited more than a year for a response to a request for replacement safety shoes, as theirs were worn out. Even after repeated follow-up requests, they were still waiting. When the manufacturer introduced WOVO, a new communication platform to address low employee engagement, workers initially refused to use it. Based on their past experiences, they didn’t trust it. Outcome Labor Solutions encouraged factory management to form a team of WOVO ambassadors. This team spoke to their fellow workers and conducted demonstrations to emphasize WOVO’s anonymity feature. Despite initial resistance and distrust, WOVO ambassadors began convincing workers to submit their grievances through WOVO. Workers once again requested that their safety shoes be replaced, but this time the request came through WOVO. Management ensured the request was addressed promptly and news about the effectiveness and trustworthiness of WOVO spread. This, in turn, led to more workers utilizing the new platform. Worker engagement improved and workers began using WOVO for all their grievances, requests and questions. Overcoming workers’ skepticism, WOVO created a positive impact resulting in a 161.0% increase in worker engagement within a month.
- How Brands + Factories are Supporting Workers + Providing Access to Vaccines
Read in Español, Việt Nam, 中文 COVID-19 continues to be a critical issue throughout the supply chain. Key sourcing countries, like Vietnam, India and Indonesia have recently been devastated by the Delta variant. There has been a tragic number of deaths amongst worker communities, accompanied by a rapid change in workplace regulations, as well a s stressed and confused workers and employers. Several reports, including one by the ILO, have argued for equitable access to vaccines for supply chain workers in order to create a more resilient supply chain, and brands and suppliers alike have actively been lobbying governments for these changes. In Vietnam, workers are not allowed to return to work until they are inoculated, a challenging request for many and one that has led to most factories to operate at limited capacity. As sourcing countries wait for vaccines, brands and factories are looking for ways to better support workers and secure their supply chains. Many are turning to WOVO to instantly connect with workers throughout their supply chain or in a specific location to better understand worker needs. Here are some examples of how clients are using WOVO + worker surveys to support workers during COVID: A brand sent a worker survey to over 150,000 workers in Vietnam to count both the number of vaccinated workers, and the number of workers who need support to get vaccinated. The brand collected over 10,000 responses in less than 24 hours and 30,000 in 48 hours. The brand has used this data to purchase vaccines for workers in the hope of reopening facilities faster. Several factories in Vietnam have used WOVO and worker surveys to prepare for their re-opening by promoting vaccines, listing vaccine locations, and gathering documentation about workers’ vaccination status, so they can open faster. Suppliers are also better able to predict how many workers will be allowed to return each day, as they are certified as being fully vaccinated. Several factories have used WOVO to communicate with workers while they are offsite or when government regulations change. Many clients have implemented eLearning on WOVO to provide workers with access to safety and wellbeing courses on topics like reliance, grief, and parenting during the crisis. Several factories in have used WOVO to manage testing roll-out, with workers signing up for certain time slots using the app in order to avoid overcrowding. During COVID, worker voice tools have been key to worker recovery and safety, allowing factories to “assess worker sentiment so that we can timely respond to their needs. It also allowed us to quickly reach out and support workers during this fluid and challenging time,” said a human resource director at a footwear factory in Vietnam, who has been working to get workers vaccinated so they can return to work. With the data they’ve collected from WOVO and surveys, that factory can now accurately predict when workers will be back at work (based on when workers receive their second dose) and better understand which workers need more support. Facing a very fluid situation with little to no predictability having a reliable and digital system to stay in contact with workers has been key to recovery and ensuring worker safety. Looking to better support workers and suppliers struggling to combat COVID. Reach out to your client advisor for support.
- How One Factory Worked with Labor Solutions to Improve the Safety and Security of Female Workers
Read in Español, Việt Nam, 中文 Read how one factory conducted a worker survey, discovered female workers were concerned about their safety and then worked with Labor Solutions to improve the protection of workers and reduce sexual harassment on their site. When the factory conducted the same survey again 6 months later, they found workers reported feeling safer and safety concerns had decreased by 45%. Background: The Nike Engagement and Wellbeing (EWB) worker survey is increasingly used by brands and suppliers to better understand workers’ experience and identify issues to focus attention and resources. The survey allows brands and factories to easily identify strengths and improvement opportunities, by providing scores for each question and indicator. Indicators include topics such as Skill Building, Recruitment, Harassment, Social Connection, Communication, Stress and more. Worker surveys have proven to be successful tools to better understand worker needs, but often Labor Solutions finds interpreting data and following up to be more challenging for management teams. Understanding worker needs is important but acting on feedback and making improvements is key to increased engagement and safety. To support management teams to using surveys to drive change, in addition to preparing and deploying the survey, Labor Solutions now provides advisory services to help factories understand the results, identify next steps and create and implement Corrective Action Plans (CAP). This case study examines how a factory from China, with support from a Labor Solutions Client Advisor, acted on survey results and responded to workers’ feedback regarding sexual harassment. The factory conducted the EWB worker survey and found 60% of survey participants were concerned about Sexual Harassment at workplace, and among them 80% had not spoken about their concerns with anyone. Management, having never heard these types of complaints before, was shocked by the results and eager to find out more. But they struggled to figure out how to get started, so they decided to engage the client advisory team at Labor Solutions. Solution: The training also provides a structure for management teams to better understand root causes of results. It requires management to consider multiple aspects of the issue, such as existing (or non-existing) policies and procedures, ability to action policies and procedures (was someone assigned to manage the process) and the existence and availability of trainings for management and worker on the target issue. This leads to an internal review process. Labor Solutions Client Advisors helped management quickly distill key information from a number of data points and identify areas that required a deeper dive. Sexual Harassment was identified as an improvement area. The training also provides a structure for management teams to better understand root causes of results. It requires management to consider multiple aspects of the issue, such as existing (or non-existing) policies and procedures, ability to action policies and procedures (was someone assigned to manage the process) and the existence and availability of trainings for management and worker on the target issue. This leads to an internal review process. Sometimes, when the root causes are unclear, Labor Solutions advisors, encourage factories to also conduct Focus Group Discussions (FGD) to get more detailed information from workers. Based on Labor Solutions’ guidance, this factory conducted an internal review process and invited Labor Solutions to organize FGDs to gather more workers’ feedback. The factory was not lacking comprehensive sexual harassment policies or a person in charge. Still, the process was not working, workers felt unsafe but choose not to report it through the normal processes. The FGD uncovered that female workers were being verbally harassed by a group outside the factory on their way back to the dormitory next to the factory compound. Despite feeling unsafe, workers were hesitant to speak up to management because they lacked an anonymous feedback tool (until the survey) and they felt the topic was embarrassing and sensitivity of the topic. It was clear that the factory needed to help protect the women by addressing their safety during their commute and provide tools for workers to report issues anonymously and immediately, rather than waiting for an annual survey. Using the action plan template provided by Labor Solutions, the factory set up a short-term and a long-term plan to tackle the issue, which included action items, responsible personnel and how they plan to monitor the progress. Short-term plan includes providing transport for workers back to the dorm, avoiding arranging night shifts for female workers and working with local authority to provide additional surveillance around the area. The long-term plan is to provide training on sexual harassment awareness to workers and set up an anonymous grievance channel. The factory quickly put the plan into implementation and used the template to track monitoring results to hold the personnel accountable. Results: When the factory conducted the same survey again 6 months later, they found workers reported feeling safer and safety concerns had decreased by 45%. The percentage of workers reporting sexual harassment and safety concerns had reduced by 45% to 15%. A majority of workers now stated that they directly report any issues immediately though the anonymous grievance line. While, clearly management wants all workers to always feel safe, they are proud of these results and continue to endeavor to make sure abuse is not an issue faced by their workers in or outside their facility.
- Nike Impact Report Features Labor Solutions Contributions
Once again Labor Solutions has been highlighted in Nike’s annual FY 2019 Impact Report as an important partner in strengthening the resiliency and capability of its supply chain. Labor Solutions’ worker engagement mobile technology platform, WOVO, is being used by contract manufacturers to meet Nike’s leadership standards for grievance processes. Under these standards, workers must be able to raise grievances anonymously and confidentially without fear of retaliation. Additionally, suppliers must track grievances and responds to workers in a timely manner. WOVO, in addition to providing access to anonymous two-way communication, allows suppliers to track worker grievances and gain actionable insight on worker wellbeing. Labor Solutions was also recognized in the report as a facilitator for Nike’s Engagement and Wellbeing (EWB) survey. This survey is now open sourced and available for anyone to use. The EWB provides suppliers with a holistic, comprehensive view of the worker experience, as well as actionable data which can be used for continuous improvement. To learn more about Labor Solutions’ partnership with Nike, see page 32 of the report. Note: At the publication of this report, Labor Solutions was still part of Workplace Options, thus Labor Solutions' work is attributed to Workplace Options.
- Uncovering Sexual Harassment & Building Back Better: A WOVO Case Study
Labor Solutions seeks to change the way buyers view risks in their supply chain; Rather than asking "is there sexual harassment in my supply chain?," we want buyers to ask, "how did my suppliers handle an allegation of sexual harassment?" While the latter requires a more nuanced assessment, it aligns with reality and ensures that when inevitable risks emerge, suppliers are incentivized and equipped to manage them in a way that protects the worker, supplier and brand, not just the supplier. The following case demonstrates how Labor Solutions' tools uncovered sexual harassment and led to a dialogue that created lasting change within a facility. Background and Tools: WOVO's Connect feature is a supplier-led communication and grievance case management system that allows for global brand oversight. Questions, reports and suggestions are received daily by employers around the world and range in content from gratitude to serious concerns. As employers use WOVO to respond to workers, workers gain trust in the system. Trust leads to an increase in the volume of messages and in severity of topics. When employers fail to respond to workers concerns with respect and integrity, the volume of messages decreases. This model allows buyers to identify supplier risks as well as observe the health of the supplier-worker relationships, by simply looking at the volume of messages received over time. Key to success is not penalizing suppliers for the receipt of a grievance. Rather a collaborative approach and a focus on ensuring remediation occurs. Case: A sexual harassment allegation was made by a worker using WOVO. The worker reported that women in the facility were being humiliated, and verbally and physically harassed. The factory was able to use WOVO to respond to the worker, gather additional information and initiate an investigation. Management identified the offenders and placed them on immediate leave while completing the investigation. In a review with the factory, the brand noticed the message and was able to see the case management and reports. The brand asked for additional steps to be taken to address the report. With this interaction the factory saw their client, the brand, as a partner, not as a threat, and was open to collaboration. The investigation included extensive interviews and sought to determine the breath and length of the abuse. Impact: The conclusion of the investigation indicated that the offenders were guilty and as a result were terminated. Beyond their termination, the factory continued to work on the issue by updating policies and procedures, establishing a gender-based violence working group, adding additional CCTV and providing additional training for all managers in the factory, as well as all workers. The victims were also provided with support from counselors. All actions taken by the factory were announced using the WOVO newsletter and broadcast functions, to ensure all workers were aware. Communicating these actions was important for the factory to build back the environment of trust between workers and management. Results were clear, workers' trust in the effectiveness of the system increased, and there was a 600% increase in utilization following the resolution of the case. Due to the nature of the case the factory and brand have asked for their names not to be shared, but are happy that their story and the lessons learned can be.
- Addressing the Coronavirus in Factories (Outside of China)
With the recent outbreak of coronavirus, novel coronavirus (2019-nCoV), we know everyone is on high alert. Many factories and workplaces have extended holidays and others are just now returning to work and worried about what could happen next. Even if you think your workers are not at risk, with so much unknown, it is never a bad idea to take extra precautions. Large populations of people, like factories can feel stressed and worried about contagion during a crisis. Supporting workers and ensuring a healthy and safe working environment is critical to reducing risks and maintaining production levels throughout this crisis. Below we discuss five steps that you may consider enacting while communities are still at high alert: Prevent, Prepare, Inform, Educate and Listen. We’ve also provided resources throughout the article to help you and your team. Listen to a webinar by our partners Workplace Options and ISOS: “Building Psychological Immunity During the Coronavirus Outbreak." To listen to the recording click the links below: English Chinese PREVENT The first thing to do is prevent an outbreak of the virus from starting at your workplace. Take the following steps to make sure workers don’t bring the virus to work. Institute and communicate clear policies about people with the flu or flu like symptoms If a worker is infected with the virus, or has been in direct contact with someone who has symptoms of the virus they should be denied access to work and sent home for isolation and advised to see a doctor If a worker recently returned from a trip to Wuhan, China during (or just prior to) the outbreak, consider whether the employee ought to be sent home for isolation. Workers with a fever should not come to work. Identify people who may be at risk and ensure they seek medical care and stay home and away from work while they are sick. Ensure that work travel follows government travel advice and bans If workers have not all returned from Chinese New Year, have a plan to identify workers who may have been in contact with someone who has the symptoms of the virus. Use WOVO surveys to gather information in advance (ask your client adviser for example questions) PREPARE Preparation is key to avoid the spread of the virus. With large populations of people at a factory, extra precautions may need to be taken to ensure a healthy and safe working environment. Consider enacting the following measures: Provide flu-prevention supplies, such as anti-bacteria soap, hand sanitizer, tissues, trash baskets, and face-masks. If you have an on-site clinic, make sure your health professionals have the necessary resources and are up to date on care protocol Prepare for absences Create a plan for checking and monitoring workers who are absence because of the flu. Use WOVO surveys to reach out to them and collect data. Identify a place that can be used for sick people Consider increasing the space between workers on the line. Health experts say that creating 1 meter of distance between workers can decrease the spread of the flu. Consider doing a deep clean of the workplace. Make sure to use anti-bacteria soap to kill germs. Consider canceling work events Make sure that those preparing food continue to follow health guidelines. Create communication plan for if a worker is identified as having the virus and ensure that local authorities are alerted. Get help from an outside adviser INFORM Workers, especially those who have not yet returned to work, may be extremely nervous about how the coronavirus will impact their health and job. Make sure to continuously communicate with workers on what you are doing to keep them safe. Increased communication will also help ensure more workers return to work following the extended holiday. McKinsey & Company’s report on CONVID-19 says adopting a two-way communication system with workers is critical during a crisis. The report says these systems act as a clear source of truth, provide workers with confidential reporting mechanism and help employers have a clearer understanding of what is going. Remind workers, using WOVO, of standard health guidelines for keeping workers healthy, including not coming to work when they are sick, washing their hands and wearing masks. Use WOVO newsletters to communicate to workers your plan and what you are doing to address the current outbreak. If workers are away from work, don’t forget that you can still connect with them using WOVO. Reach out and keep them updated on new developments, like when your facility will reopen and transportation. Use WOVO Broadcast Messages to get the information out quickly. For example: When an emergency happens and an urgent action needs to be taken A new development of the pandemic that everyone needs to know immediately A new action/policy adopted by the government or the company that employees need to be informed about on a timely manner. For example, change of working hours, leave policies or HSE protocol EDUCATE Not being informed or receiving outdated information during a pandemic increase workers’ uncertainty and stress. It is important to keep workers informed about the facts and actions they can take at home to stay healthy. The information management sends to workers should be updated, accurate and concise. Remember, you are not the expert of the pandemic. Check reliable sources like the World Health Organization (visit daily for updates and information) and use links within your posts to help workers identify fact verses fiction. Promote the daily practice of everyday preventive actions at all times, like washing hands and covering your mouth when you cough or sneeze. Posters and brochures can be found here. Use WOVO’s Newsletter on a specific subject about the pandemic (contact your client adviser for sample newsletters) The facts about the pandemic – how it’s transmitted, affected demographic groups and area How to avoid contracting the virus – Dos and Don’ts. How to take care of family members during a pandemic LISTEN Pandemics are scary and make many people anxious. If your company is put on a temporary shutdown, your employees may need additional support and assurance in order to stay calm and retained. If your company resumes production amid speculation of an outbreak, your employees may be more prone to emotional turbulence, stress and conflicts. Use WOVO to encourage them to speak up, address their concerns and provide resources with psychological support: Send out broadcast messages to let workers know that management is listening and here to help Use Connect to address to workers’ questions and requests or to point them to the correct authorities Ensure cases with Emergency Trigger Words get addressed with priority Conduct Survey to quickly get updates about their situations, whereabouts and concerns Send out a Newsletter or update My Company to list tips on how to cope with stress Use data from Reporting to take targeted preventative or remedial actions If you need templates for any of the newsletters, broadcasts or surveys suggested above reach out to your client adviser. This is a time that requires understanding, collaboration and trust among everyone at the company. The Labor Solutions team is here to help. If you have any questions or comments please do not hesitate to share them with us, either through your Client Advisor or via the HelpDesk button on your WOVO Dashboard.
- How Labor Solutions Can Support Business Compliance with NOM-35 in Mexico
Read in Español Mexico is making mental health mandatory in all workplaces. With Phase 1 released in October 2019 and going into full effect in October 2020, Mexican Labor Law NOM-035-STPS-2018 mandated that companies identify, analyze, and prevent occupational psychosocial risk factors while promoting a favorable workplace. No matter what type of company you may be, Labor Solutions can support you in deploying the NOM-035 survey and meeting the requirements you need to get your business compliant. Background: Addressing poor psychosocial conditions at work increases participation and productivity and reduces employee turnover. The UN’s International Labor Organization (ILO) estimates that 50-60% of all lost workdays can be attributed to workplace stress. This issue is especially acute in Mexico, where according to Instituto Mexicano Del Seguro Social, 75% of Mexicans suffer from work related stress; more than citizens of China or the US. Now is the time for companies operating in Mexico to reduce psychosocial risks in their workplaces and get NOM-035 compliant. The law: Here’s what you need to know about NOM-035: NOM-035 requirements and obligations for employers can be grouped in the following categories: Create and establish policies for the prevention of psychosocial risk factors. Adopt measures to prevent and control psychosocial risk factors. Identify and bring to attention workers that have been exposed to severe traumatic events such as accidents, assaults, instances of violence, kidnappings, or situations where their life or health is compromised. Identify psychosocial risk factors using a worker survey. Identify psychosocial risk factors and evaluate the workplace using a worker survey. Take actions and control measures on the psychosocial risk factors identified in the workplace. Practice medical examinations and evaluations of workers that have been exposed to risk factors. Publish a summary of surveys’ results and the information about the prevention measures, the implemented measures, and the tools to report bad practices. Record keeping and evidence handling in relation to each obligation indicated How we can help: 1. As the industry leader with eight years’ experience designing and implementing surveys that engage, educate, and connect workers, Labor Solutions can roll out NOM-035’s required survey with your company, including its specific scoring and weighting requirements. The purpose of NOM-035’s survey is to identify occupational psychosocial risk factors and assess conditions for a favorable workplace and is mandatory for every workplace in Mexico. No matter the size of your team, we can help. One of our recent surveys reached over 350,000 workers. Leveraging our experience getting real results and follow through from surveys, we can turn your NOM-35 compliance obligation into an opportunity for promoting decent work conditions across your supply chain. 2. Our customizable mobile app and digital user dashboard WOVO allows workers companies to roll out the NOM-035 survey more efficiently than a paper audit. The law suggests using a digital tool to deploy the NOM-035 survey. Our WOVO Dashboard allows companies to monitor NOM-035 survey results live with built-in analytics, so employers can identify, assess, and remediate psychosocial risks as they arise. WOVO can also streamline your data through integrating NOM-035 requirements into your company’s standard worker survey or variations of the industry standard Nike Employee Well-Being (EWB) Survey. To reach more workers and identify issues as they arise, our anonymous two-way worker communication tool Connect can be integrated into a company’s NOM-035 rollout. This allows workers to safely and confidentially raise issues to management as they arise, allowing for faster and easier responses to psychosocial risks. 3. Labor Solutions offers tailored, bespoke solutions that meet facilities and brands where they are to establish actionable policies to prevent psychosocial risks from arising in their supply chains. Facility follow-up on psychosocial risk cases is an obligation under NOM-035. While helpful, drafting policies and procedures around intangible social issues – especially on sensitive and ambiguous topics like psychosocial risks – often devolve into tick-box exercises. Facilities might fill out a sheet or sign a document without knowing or being incentivized to act on results. Not every facility or company is at the same level of knowing or understanding how to prevent psychosocial risks. Labor Solutions can leverage our experience to meet you where you are and get the follow-up you need. Complying with NOM-35 prevents short-term regulatory risks. But working with Labor Solutions on NOM-35 compliance is one step towards a more holistic solution for your business: helping your workforce thrive. Surveys are crucial to preventing occupational psychological risks and promoting a favorable workplace, but they are just the first step of an effective, holistic employee engagement program. Factory buy-in on survey results, follow-through, continuous improvement for workers’ everyday experience, and educational tools such as Labor Solutions’ eLearning platform are essential to worker and employer success. Get in touch with Labor Solutions to find out how you can use NOM-035 requirements as a jumping off point to build your team’s Worker Engagement Strategy.









