SINT MAARTEN WASTEWATER MANAGEMENT PROJECT LABOUR MANAGEMENT PROCEDURES (LMP) DRAFT September 2023 Sint Maarten Wastewater Management Project LABOUR MANAGEMENT PROCEDURES 1 Introduction .................................................................................................................................... 3 2 Environmental and Social Standard 2 (ESS2): Labour and Working Conditions ............................. 6 2.1 Objectives of ESS2: Labour and Working Conditions .................................................................. 6 3 Scope of the Labour Management Procedures .............................................................................. 6 4 Overview of Labour Use on the Project .......................................................................................... 7 4.1 Contracts to be Awarded Under the Project .................................................................................. 9 4.2 Consultant Contracts to be awarded under the Project ................................................................. 9 5 Legal and Regulatory Framework and Requirements................................................................... 11 5.1 Overview of National Labour Legislation: Terms and Conditions of Employment ....................... 11 5.2 Terms and Conditions of Employment ......................................................................................... 11 5.3 Vacation, Sick Leave and other Permitted Leave.......................................................................... 12 5.4 Age of Employment....................................................................................................................... 13 5.5 Occupational Health and Safety ................................................................................................... 13 5.6 Government Agencies ................................................................................................................... 14 5.7 International Labour Organisation................................................................................................ 15 6 Policy Gaps between World Bank and National Labour Legislation ............................................. 15 7 Implementing Responsibilities for the LMP .................................................................................. 16 8 Contract Management .................................................................................................................. 18 9 Risk Analysis and Mitigation Measures......................................................................................... 19 10 Code of Conduct............................................................................................................................ 25 11 Labour Complaints and the Grievance Redress Mechanism ........................................................ 25 11.1 Categories of Labour Complaints .................................................................................................. 27 11.2 NRPB process for handling labour related complaints ................................................................. 28 List of Figures Figure 1: Overview of Sewage Expansion Areas and Location of the WWTP ........................................ 5 Figure 2: Simplified Overview of Project-Worker Complaint Handling ............................................... 28 List of Tables Table 1: Categories of Workers To be Hired .......................................................................................... 7 Table 2: Consultants/Contracted Workers Per Project Component...................................................... 8 Table 3: Contracts to be Awarded Under the Project ............................................................................ 9 Table 4: Specific Implementing Responsibilities for the LMP .............................................................. 17 Table 5: Labour Risks Screening Questionnaire ................................................................................... 20 Table 6: Labour Risk Analysis ............................................................................................................... 21 Table 7: Categories of Labour Complaints ........................................................................................... 27 1 Acronyms and Abbreviations CEA Country Environmental Analysis C-ESMP Contractor-Environmental and Social Management Plan CHA Construction Hazard Assessment ESF Environmental and Social Framework ESHS Environmental, Social, Health and Safety ESMP Environmental and Social Management Plan ESS Environmental and Social Standard GDP Gross Domestic Product GEBE Gemeenschappelijk Electriciteitsbedrijf Bovenwindse Eilanden (Common Electricity Company Windward Islands) GoSM Government of Sint Maarten GRM Grievance Redress Mechanism JHA Job Hazard Analysis ILO International Labour Organisation LMP Labour Management Procedures NRPB National Recovery Program Bureau OHS Occupational Health and Safety PIU Project Implementation Unit PMT Project Management Team PPE Personal Protective Equipment SEA/SH Sexual Exploitation and Abuse/Sexual Harassment VROMI Ministry of Public Housing, Spatial Planning, Environment and Infrastructure VSA Ministry of Public Health, Social Development and Labour WSS Water Supply and Sanitation WWTP Wastewater Treatment Plant 2 1 Introduction Project Description Country and Sector Context Sint Maarten is a high-income constituent country of the Kingdom of the Netherlands in the Caribbean, along with Aruba and Curacao. It occupies the southern half of an island shared with the French overseas collectivity of Saint Martin and is the most densely populated country in the Caribbean, with a population of well over 40,000 in an area of 34 square kilometers. Sint Maarten’s Gross Domestic Product (GDP) per capita of US$29,189 in 2020 was among the highest in the region prior to the 2020 COVID-19 pandemic. Sint Maarten is particularly vulnerable to climate change and natural disasters, which periodically cause extreme disruption of the country’s economic activities and living conditions and have a catastrophic impact on the country’s tourism-driven economy. On September 6, 2017, Hurricane Irma, a Category 5 hurricane, caused significant destruction in Sint Maarten. Damages were compounded by smaller-scale Hurricane Maria two weeks later. Although loss of life was limited, Sint Maarten incurred damages and losses estimated at 129 percent of GDP, or US$2.7 billion. Ninety percent of all infrastructure was affected and much still requires repairs. Though little is known about the distribution of hurricane impacts and their effect on vulnerable groups in Sint Maarten, international experience shows that disasters disproportionally affect persons with limited financial resources and persons in vulnerable living situations, who include Sint Maarten’s female-headed households (38.7 percent of households) and children. Furthermore, these disasters are expected to increase in frequency and intensity because of climate change, posing additional threats to recovery efforts. Existing public sewerage network coverage is severely limited, and covers only some districts and neighborhoods of Sint Maarten, leaving significant areas and percentage of population uncovered. Although the Government of Sint Maarten (GoSM) has made several wastewater investments over time including construction of a wastewater treatment plant (WWTP) and development of sewerage infrastructure in various residential and commercial districts, it is estimated that only approximately 23 percent of Gemeenschappelijk Electriciteitsbedrijf Bovenwindse Eilanden’s (GEBE’s) water customers in East Sint Maarten have sewerage connections. Project Objectives The Sint Maarten Wastewater Management Project aims to (i) increase access to safely managed sanitation services; and (ii) improve sustainability and resilience of wastewater management. 3 Project Components The project will consist of three components: (i) Wastewater infrastructure investment, (ii) Policy and Institutional development, and coastal seawater and surface water quality monitoring, and (iii) Project management. Component 1: Wastewater infrastructure investment This component would finance all stages of infrastructure development, including identification, design, supervision, and construction of new or upgrade/rehabilitation of existing wastewater collection, treatment, and disposal infrastructure, including needs of on-site sanitation management. The component would include the preparation of Feasibility Studies, Environmental Impact Assessments, and other project documentation necessary to secure required permits, detailed designs, bidding documents, supervision and contracting of construction works. Project will also finance on-site sanitation needs, including development and standardization of septic tanks manuals, licensing, monitoring and optimization of septic sludge collection. The Project will support providing more energy-efficient wastewater services to minimize energy costs of service provision, through decentralized wastewater management, including the introduction of appropriate individual and close-to-nature wastewater solutions in appropriate locations to avoid pumping where possible. The Project support will focus on the area where investments can deliver the biggest benefits to the population’s health and safety, as well as protection of the environment especially in the area with high population density, low sewerage coverage, sources of pollution, and direct threat to surface and coastal waters. Component 1 will include two sub-components: Sub-component 1.1: Wastewater collection. This first sub-component aims at improving the coverage and resilience of wastewater collection. Sub-component 1.2: Upgrade of existing A. T. Illidge Road WWTP. This sub-component will include the necessary rehabilitation and upgrade of the existing A. T. Illidge Road WWTP. Component 2: Policy and institutional development, and surface and sea water quality monitoring. Component 2 aims at creating the framework for the sustainable provision of efficient and resilient wastewater services in Sint Maarten. Sustainability is defined as the degree to which the system maintains levels of service in the long term while maximizing social, economic and environmental goals. Component 3: Project management Under this Component, the Project will support the project management and coordination capacity of the NRPB as a Project Implementation Unit (PIU), including support to the PIU on: (i) project monitoring and evaluation activities; (ii) environmental and social risk mitigation measures; (iii) training of PIU and government staff; (iv) annual audits for the project and providers; and (v) 4 establishment of citizen engagement measures and grievance redress mechanisms for the project activities. 1.2 Location and Description of Project Area Project Location The priority project area that will be covered by the project include Greater Cul de Sac, and it could be extended, in case of funds availability, to other areas following the Government's priorities. Figure 1: Overview of Sewage Expansion Areas and Location of the WWTP 5 2 Environmental and Social Standard 2 (ESS2): Labour and Working Conditions In relation to this LMP, the pertinent applicable standard from the ten standards of the Environmental and Social Framework is Standard 2 (ESS 2) – Labour and working conditions. ESS2 recognizes the importance of employment creation and income generation in the pursuit of poverty reduction and inclusive economic growth. Borrower [/Client]s [Clients] can promote sound worker-management relationships and enhance the development benefits of a project by treating workers in the project fairly and providing safe and healthy working conditions. This standard makes provisions for the categorization of labourers on the project and the guidelines for their employment. It includes definitions for each category of workers (direct workers, contracted workers, primary supply workers and community workers). It also outlines the scope of application for the relationship between the borrower and these different categories of project workers. 2.1 Objectives of ESS2: Labour and Working Conditions The objectives of the ESS 2 are to: • To promote safety and health at work. • To promote the fair treatment, non-discrimination and equal opportunity of project workers. • To protect project workers, including vulnerable workers such as women, persons with disabilities, children (of working age, in accordance with this ESS) and migrant workers, contracted workers, community workers and primary supply workers, as appropriate • To prevent the use of all forms of forced labour and child labour. • To support the principles of freedom of association and collective bargaining of project workers in a manner consistent with national law. • To provide project workers with accessible means to raise workplace concerns. 3 Scope of the Labour Management Procedures The Labour Management Procedures (LMP) describes the requirements and expectations of the NRPB and contractors in terms of compliance, reporting, roles & responsibilities, monitoring and supervision with respect to labour and working conditions for the Wastewater Management Project. It covers all categories of project workers and, inter alia, sets out the following: • Overview of Labour use • Policies and Procedures • Terms and Conditions of Employment • Age of Employment • Legal and Regulatory Requirements • Occupational Health and Safety (OHS) • Working Conditions 6 4 Overview of Labour Use on the Project The LMP applies to project workers who will be hired under the project, whether hired full-time, part- time, or temporary. Three (3) types of project workers are expected to be hired under this project, see Table 1 below. Table 2 outlines the contracted workers to be engaged per project component. Table 1: Categories of Workers To be Hired Category of Description Entity Type of Work Number Estimate Worker A worker with whom the Borrower Project Execution of various Direct Workers [/Client] has a directly contracted Management project activities 10 employment relationship and specific Team at the NRPB control over the work, working who not civil conditions and treatment of the servants. project worker. The worker is employed or engaged by the Borrower Consultants hired Provide assistance to the [/Client], paid directly by the Borrower by the NRPB, to project, based on their [/Client] and subject to the Borrower’s 25 1 perform tasks various areas of [/Client]’s day-to-day instruction and related to the expertise, TBD control. project. implementation support and advisory services. A worker employed or engaged by a Contractors Provide technical 20 – 50 Contracted third party to perform work or provide assistance, manual Includes working teams Workers services related to the core functions Sub-Contractors labour and other that will be installing the of the project, where the third-party required services under network from early 2025 exercises control over the work, Consultants hired the project, based on working conditions and treatment of by the contractor their various areas of to mid-2027.Includes the the project worker. firm or the expertise, possibility of specialized supervision firm. implementation support international and advisory services Consultants/Contractors during project for the Design Phase – preparation and short term (6 months) execution. Community People employed or engaged in Workers providing community labour. Not identified at this stage Primary Supply People employed or engaged by the Contractor Supply of labour, Contractor to determine Workers Borrower’s [Client’s] primary supplier. materials and goods for primary suppliers Suppliers of goods and materials over the project. which a primary supplier exercises control over the work, working conditions and treatment of the person. As part of this definition, there is a requirement that the goods or materials be provided directly to the project for its core functions on an ongoing basis. This means that second, third and further levels of the supply chain (sometimes referred to as Tier 2 and Tier 3 suppliers) are not covered by ESS2. 1 Distributed over project’s duration 7 Table 2: Consultants/Contracted Workers Per Project Component Component Activity Number of Consultants 1 Activity 1.1 Design and Supervision 8 Wastewater infrastructure investment 2 Activity 2.1 Strengthening Capacities 6 Policy and institutional development, Activity 2.2 Legal Framework 4 and surface and sea water quality Activity 2.3 WSS Strategies 4 monitoring  Activity 2.4. Water Quality 3 3 Support all activities related to project Project Management management and coordination. 7 Provisions for the management of the contracted workers will be reflected in the bidding documents for the works and required in the Contractor’s ESMP for the specific subprojects. This includes standards for personal conduct including sanctions pertaining to Sexual Exploitation and Abuse and Sexual Harassment (SEA/SH). Contractors hired to complete specific construction activities will be required to have in place appropriate occupational health and safety (OHS) management systems, emergency prevention and preparedness and response arrangements, in accordance with Government of Sint Maarten’s Policy and legislation, the ESMP, the NRPB’s Code of Conduct included in this document as Annex 1 and which will be included in the bidding documents and committed to in their signed contracts. 8 4.1 Contracts to be Awarded Under the Project This section outlines the different contracts which will be awarded per component of the project. Section 4.2 provides further specifics of each consultancy. Table 3: Contracts to be Awarded Under the Project Component Activity Type of Contract Identification, design, and construction of the Contractor for Civil Works expansion of the existing sewerage network – Consulting Firm 1 infrastructure. Rehabilitation of critical parts of the Supervisor of Civil Works - Wastewater existing sewage system to improve its climate Consulting Firm infrastructure resilience and operational efficiency. investment Management of fecal sludge from septic tanks Rehabilitation and expansion of the existing A. Th. Design – Consulting Firm Illidge Road WWTP to the extent necessary for treating the collected extra wastewater flows. 2 Capacity building Policy and institutional development and Policy Development Consulting Firm surface and sea water quality monitoring  3 Support all activities related to project management Consultants Project management, and coordination. Staff monitoring, and evaluation 4.2 Consultant Contracts to be awarded under the Project Consultancy 1 Civil Works Contractor Objective: To implement the engineering project Responsibilities: To implement the expansion of the network, rehabilitate existing network and improve WWTP infrastructure. 9 Consultancy 2 Consulting firm - Design and Supervision Objective: To design the engineering project and support the implementation of the project. Responsibilities: To assess the current status of the sewerage infrastructure, propose a technical solution, carry out the design and preparation of tender documents, carry out the Environmental and Social Assessment and subsequent Management Plan, support the evaluation of bidders and supervise field works Consultancy 3 Capacity strengthening Objective: To develop and strengthen the capacity strategy and plan of VROMI for Planning, Regulation, and Supervision of Wastewater Services. Responsibilities: Needs assessments, gap analysis and proposed development plans in the following areas: Technical knowledge and skills in wastewater management, institutional and organizational development, Stakeholder engagement and coordination and Monitoring, evaluation, and reporting mechanisms. Consultancy 4 Policy Development Objective: To analyze the legal and regulatory framework Responsibilities: Assessment of gaps and opportunities for strengthening of the legal and regulatory framework for sustainable wastewater service provision (building on existing plans and ordinance), and introduction of cost recovery principles through the adoption of wastewater tariffs. Draft of a road map for the whole process within Component 2. Consultancy 5 Develop WSS Strategies Objective: Support the implementation of the Master plan Responsibilities To develop and adopt national WSS strategies and mid/long-term implementation plans for wastewater management, including the adoption of circular economy principles. Draft of a road map for the whole process within Component 2. Consultancy 6 Strengthening of the seawater monitoring system Objective Support the implementation of financed system for monitoring seawater quality in coastal areas/beaches and the surface water quality of inland ponds 10 Responsibilities: To establish a national, comprehensive, and standardized system for seawater and surface water quality monitoring, with a particular focus on bathing waters quality monitoring, which would provide adequate information on status of Sint Maarten’s coastal waters, and existing inner ponds Consultancy 7 Consultation for Sludge Management Review Objective: Independent review of the sludge management of the project. Responsibilities: To review and advise on sludge management throughout the technical assessment. The independent expert would author a stand-alone report endorsing the E&S aspects of sludge management or proposing gap-filling measures. 5 Legal and Regulatory Framework and Requirements 5.1 Overview of National Labour Legislation: Terms and Conditions of Employment The Labor Legislation Labour Legislation of St Maarten is extensive and covers a broad range of matters to regulate the labor relationship between employees and employers. It describes provisions concerning the work-times, periods of rest, overtime, nightshift, standby shift, holidays, safety, the prohibition of child labor, the prohibition of night work and dangerous work for youths. The core of the legislation consists of the Civil Code which regulates the relationship between employers and employees. Deviation from the Civil Code is limited only to specific cases. All parties have access to either the Court, or mediation via the Labor Department in case of disputes. Next, government has legislative tools to oversee specifics geared towards maintaining decent work, safety and equity. Legislation details can be found at the GoSM website via this link: http://www.sintmaartengov.org/government/VSA/labour/Pages/Labour-Legislation.aspx 5.2 Terms and Conditions of Employment Terms and conditions of direct workers are determined by their individual contracts. Consultants will apply the terms and conditions stipulated in their contract of engagement. The Contractors’ Labour Management Procedures will set out terms and conditions for the contracted and subcontracted workers. These terms and conditions will be in line, at a minimum, with this Labour Management Procedures, Sint Maarten labor legislation and General Conditions of the World Bank Standard Procurement Documents. 11 The Labour Regulations The Labour regulation (Arbeidsregeling) 2000 contains rules with regards to: · Working hours, period of rest and timetable . Labour in full continuous service · The maximum working hours per day . Dangerous labour . Labour of domestic personnel . Child labour · The maximum duration of labour per week (calculated over four weeks) · Overtime · Nightshift · Standby . Night work - Shift (consignment service) · Labour on rest days, Sundays, and holidays • Payment of Wages and Allowable Deductions In applying the Labour Regulations, the term wages refers to all income derived from work performed in the same business with the exception of payments made for e.g. overtime worked. The contractor must provide workers with evidence of all payments made, including Social Security benefits, pension contributions or other entitlements regardless of the worker being engaged on a fixed term contract, full-time, part-time or temporarily. • Overtime There is overtime in the following situations: - If the employee works during his period of rest - If the employee works longer than the maximum period of labour per day or per week. 5.3 Vacation, Sick Leave and other Permitted Leave Vacation The minimum number of vacation days an employee is entitled to is regulated for all employees. Every employee is entitled to an amount of vacation days per year equal to at least three times the contracted number of working days per week, with a minimum of fifteen days per year for employees who work six days per week. 12 During an employee’s vacation, the employee remains entitled to receive his salary. Vacation allowance, however, is not mandatory. Furthermore, during (official) national holidays the employee also remains entitled to receive his salary. Sick Leave In the event an employee is unable to perform his/her labour due to sickness (that is not intentionally caused by the employee), the employer is obligated to continue payment of (100% of) the employee’s salary during a relative short period of time (unless otherwise stipulated in the labour agreement). Pregnancy and Maternity Leave An employee is entitled to payment of 100% of her salary when she is on pregnancy and maternity leave. The pregnancy leave can be two to six weeks before the estimated due date and the maternity leave can be eight to twelve weeks as of the date the employee gave birth. The total amount of time on leave (pregnancy leave and maternity leave combined) must in all events be at least fourteen weeks. Other leave For other situations (such as weddings, funerals, delivery of children (fathers) and personal leave) there is no legal stipulation granting the employee a specific amount of time for permitted leave. However, (unless agreed otherwise) an employee remains entitled to its wages for a fair short period of time, in the event the employee was not able to work during such time due to: (i) the fulfilment of an obligation imposed by law or by the government which could not be fulfilled in the employee’s free time or due to (ii) special circumstances not caused by the employee’s fault. 5.4 Age of Employment The project will only engage individuals at the minimum age of eighteen (18) and this will be enforced at recruitment. This will be supervised through the Supervision Contractor. Works Contractors/consultants will be required to verify the age of all workers. This will require workers to provide official documentation, which could include a birth certificate, national identification card, passport, or medical or school record. Contractors will maintain a list of hired project workers. If a child under the minimum age is discovered working on the project, measures will be taken to immediately terminate the employment or engagement of the child in a responsible manner, considering the best interest of the child. 5.5 Occupational Health and Safety 13 The National Ordinance concerning safeguarding labour in enterprises, also known as Safety Ordinance (AB 2013, GT no. 438), aims at enhancing the safety and health of labourers through the prevention of accidents and fire on the work floor and the promotion of a healthy working environment (e.g. temperature, light, sound, furniture, ambient air, provision of drinking water). Safety Decrees I-III (AB 2013 GT no. 348; no. 280; no. 350): • Safety Decree I: Regulations on working environment (e.g. lighting, hygiene, temperature, ambient air quality, first aid; restrooms, changing rooms, canteens, night accommodations, PPE, safe operation of machinery, accident prevention); • Safety Decree II: Detailed regulations on scaffolds, suspended working floors, gangways, ladders, working on roofs, cranes, lifting gear, winches, pulleys, suspensions, safety around construction and demolition sites. • Safety decree III: Detailed regulations on construction, installation, operation and maintenance of reservoirs for liquids and gases. There is also a National HIV and AIDS Workplace Policy (2012) 2. The objective of this Policy is to provide a set of guidelines to be adhered to by all employers and employees of Sint Maarten, both public and private, in order to address the HIV and AIDS epidemic in and through the workplace. 5.6 Government Agencies Ministry of Public Health, Social Development and Labour. The Ministry has a four-pronged mission, one of which is to promote the general wellbeing and quality of life of the population of Sint Maarten by means of services such as of health protection, health promotion, labour mediation, labour & dismissal licenses, emergency medical services, social security, community development and social work & counselling and supervision. It aims to do this through a series of policy objectives. Department of Labour Affairs. A government executing agency with the responsibility of all matters pertaining to labour such as registration, dismissals, complaints, vacancies and employment permits to name a few. The Department of Labor Affairs offers a wide range of services to cater to both business groups as well as persons seeking employment or employed persons seeking professional and/or personal development. Inspectorate Public Health, Social Services and Labour. The mission of the Inspectorate VSA is to establish a professional and independent agency, which is able to execute all its supervisory tasks as efficiently and effectively as possible, based on applicable modern legislation which follows international norms and standards, to contribute to improvement in the health, food, labor and social sector for and the protection of the Sint Maarten community. The Inspectorate monitors the compliance with the respective legislation. 2 http://www.sintmaartengov.org/government/VSA/Pages/Ministry-Policies-and-Reports.aspx 14 5.7 International Labour Organisation The ILO is a specialized agency of the United Nations that sets international labour standards and develops programmes to promote decent work for all men and women. It has maintained and developed a system of international labour standards aimed at promoting opportunities for women and men to obtain productive work, in conditions of freedom, equity, security and dignity. International labour standards are legal instruments drawn up by the ILO’s constituents (governments, employers and workers) and setting out basic principles and rights at work. Agreements with the ILO and member countries (of which the Kingdom of the Netherlands is included), which are relevant to this project are: - Freedom of association - Effective recognition of the right to collective bargaining - Elimination of forced or compulsory labour - Elimination of discrimination in respect of employment and occupation - Occupational Health and Safety - Child Labour 6 Policy Gaps between World Bank and National Labour Legislation The World Bank’s draft Country Environmental Analysis (CEA) of Sint Maarten (2020) categorized the study of gaps in policy for Protection of Workers as follows: 1. Promote safety and health at work, 2. Promote the fair treatment, non-discrimination and equal opportunity of workers, 3. Protect workers, including vulnerable workers such as women, persons with disabilities, children of working age, migrant workers, contracted workers, and community workers. According to the CEA, the Labour Legislation of Sint Maarten 3 covers a broad range of issues to provide a better working relationship between employees, who are empowered with knowledge of their rights and Employers, who know what is and is not permitted of them. The current labour legislation thus covers the issues of minimum wages, employee dismissal, prohibition of child labor, occupational injury, holidays and special leaves etc. However, a gap exists in that there is no specific section on vulnerable workers such as women, persons with disabilities, children of working age, migrant workers, contracted workers, and community workers. There is also an opportunity for improvement of requirements concerning collective bargaining and freedom of association as well as workplace grievance mechanism. 3 http://www.sintmaartengov.org/government/VSA/labour/Pages/Labour-Legislation.aspx 15 7 Implementing Responsibilities for the LMP The Implementing Agency, the NRPB, has the overall responsibility to oversee all aspects of the implementation of this LMP including contractor’s compliance. The NRPB will incorporate LMP requirements into the procurement and contracting packages for works/services. This role will primarily be part of the responsibilities of the Environmental & Social (E&S) and Project Management Teams. They will be required to liaise with their management and the procurement staff in the NRPB on the fulfilment of such duties and directly interact with the Supervision Contractor. Contractors will be responsible for the implementation of their own LMP daily and the provision of the required human, financial and training resources for effective compliance. 16 Table 4: Specific Implementing Responsibilities for the LMP Entity Units Responsibilities Project Management Monitoring and supervision of contractors through a Team regular monitoring system to ensure compliance. NRPB Environmental and Monitoring and supervision of contractor through a Social Team: regular monitoring system to ensure compliance. Environmental and Social Specialists (one of each) Implement mitigation measures and procedures outlined in this LMP Environmental, Social, Keep OHS records Health and Safety (ESHS) Manage workers’ welfare Specialists Promote workers health and safety Contractor Provide a fair system of grievance redressal Provide workers with appropriate PPEs as well as training on safety procedures Submission of monthly ESHS reports to the NRPB Ministry of Public Health, Department of Labour Overall responsibility for enforcing labour laws including Social Development and Affairs work permits Labour Immigration and Border Overall responsibility for ensuring compliance with Ministry of Justice Protection Service immigration policies, including residence permits Ministry of Tourism, Economic Department of Overall responsibility for ensuring contractor compliance Affairs, Telecommunications Economic Licenses with required licenses for operation. and Transportation Supervisor monitors and takes necessary measures to Supervision Firm/s ESHS Specialist Ensure that Contractor takes necessary measures for ESHS aspects, to include management of labour. 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, including recruitment, compensation, working conditions and terms of employment, access to training, promotion or termination of employment. The following measures will be followed by contractors to ensure fair treatment of all employees: • Recruitment procedures will be transparent, public and non-discriminatory, and open with respect to ethnicity, religion, sexuality, disability or gender. • Clear job descriptions will be provided in advance of recruitment and will explain the skills required for each post. • All workers will have written contracts describing terms and conditions of work and will have the contents explained to them. Workers will sign the employment contract. • Employees will be informed of expected release date of upcoming termination in accordance with national labour regulations. 17 • Depending on the origin of the employer and employee, employment terms and conditions will be communicated in a language that is understandable to both parties. • In addition to written documentation, an oral explanation of conditions and terms of employment will be provided to workers who may have difficulty understanding the documentation. 8 Contract Management Each contractor engaged by the Project will be expected to adopt the protective measures outlined in this document. The contracts drawn by the NRPB will include provisions, measures and procedures to be put in place by the contractors to manage and monitor relevant OHS and labour issues. The management of both labour and the OHS risks which will arise from the construction works under Component 1 will be achieved through the C-ESMP of contractors. The C-ESMP will also include how the contractor will manage the labour and OHS risks of work performed by any sub-contractors. The OHS requirements under this project have been specified in the ESMP and will be incorporated as conditions in all bid documents, so bidders will be able to price accordingly for the performance required. The NRPB will submit the final C-ESMPs to the WB for review prior to the commencement of the works. Measures required of Contractors as part of the bidding/tendering process will include: i. Provision of medical insurance, sick pay and compensation in the event of death. ii. Preparation of a Draft Contractor’s Environmental and Social Management Plan (C- ESMP) and finalization of C-ESMP prior to the commencement of works. iii Specific procedures relating to the workplace and the conduct of the work iv. Regular reporting on OHS and ESHS measures and matters during project execution. In addition to the above listed items, prior to mobilizing, the contractors hired to complete the works will be required to have in place as part of the C-ESMP or as a separate document: v. Labour Management Procedures (LMP), including labour influx plan if construction labour is planned to be imported for the project. vi. Labour GRM for workers, as part of the LMP. Contractors will be required to establish a Labour GRM for its workforce. This will include identifying focal points and communication channels (for example, WhatsApp, SMS and email) within the company to address workers’ concerns on an ongoing basis and ensure that such channels are adequately resourced. The Code of Conduct of the NRPB prescribes that external partners (NRPB’s Sub-Contractors) must allow access to a GRM without fear of reprisals. As such, the Contractors’ GRM and Code of Conduct will be required to adhere to the same principle. The contractor must provide workers with evidence of all payments made, including Social Security benefits, pension contributions or other entitlements regardless of the worker being engaged on a fixed term contract, full-time, part-time, or temporarily. These should be submitted to the Supervisor on a monthly basis, indicating the corresponding payment period. 18 Measures required of Contractors for Dealing with Sub-Contractors  Contractors will inform subcontractors of and provide them with the C-ESMP and require them to comply with the requirements.  Contractors are required to provide PPEs to subcontractors and their staff and are ultimately responsible for the safety of all personnel.  Contractors shall provide induction training, toolbox training and inform subcontractors’ staff about how to execute works in a safe manner and according to the C-ESMP and different JHAs. 9 Risk Analysis and Mitigation Measures Component 1 of the project entails civil and mechanical works for the expansion of the sewerage network and the upgrade of the Wastewater Treatment Plant (WWTP). Environmental and Social risks of those activities will be assessed in the Preliminary ESMP of the network expansion and in the E&S Assessment (and subsequent ESMP) for the WWTP, accordingly. In the following tables some common potential Occupational Health & Safety risks related to civil works and WWTP operation are presented, along with risks related to labour conditions and SEA/SH, complemented with the generic mitigation measures to avoid/minimize/offset the risks. This section will be updated once the abovementioned documents are finalized. 19 Table 5: Labour Risks Screening Questionnaire Labor Issues Screening Question Yes/No Is this likely to have a significant effect and why? Are there potential hazards to the Yes No workers? Is there potential for hazardous work Good practice in Health and Safety, together with the C-ESMP and conditions that may expose workers to supervision, shall minimize potential hazards on construction unsafe work practices or exposure to workers and workers in close contact with chemicals and/or hazardous substances or conditions? sewage. Will the proper PPEs provided to the Yes No workers? Supervision, training, toolbox meetings, signs and supervision and inspections on site will aim to ensure that construction/installation company and workers comply with requirements. Are there going to be workers housing No No facilities? Are there procedures incorporated that Yes No can be used in emergency situations? The contractor’s ESMP will address procedures to be used in emergency situations as a result of natural or man-made disasters. Hurricane, Fire, Sewage Pillage and Earthquake preparation will be required. Are procedures in place for the Yes No management of SEA/SH complaints from workers or members of the The NRPB GRM clearly outlines the provisions for handling community? complaints related to SEA/SH. The Contractor is also required to address this in the C-ESMP. Link to NRPB Complaints Procedure: https://nrpbsxm.org/complaints-procedure/ Link to NRPB GRM: https://nrpbsxm.org/wp- content/uploads/2020/08/ESP-GRM.pdf 20 Table 6: Labour Risk Analysis Risk Category Labour Risk Impacts Mitigation Occupational Health and Safety Exposure to dust, Serious injury, Contractor will be solid wastes, accident, fatality, required to prepare chemicals, sewage illness, legal a Job/Hazard and materials action against the Analysis for the project different works Accidents from under the project as movement of Serious injury or part of the C-ESMP. 4 equipment and death materials Ensure provision of Accidents due to adequate PPEs, first Road safety from collisions aid tools and work transportation of tools for workers materials and goods from one location to Worker fatigue Periodical OHS/HSE another and stress, training for all increased category of workers Poor working accidents during conditions – work, over- Regular (weekly) overstretched laboured workers, toolbox training for working hours, increased labourers) undefined cut-out grievances, high times, no PPE turnover, poor Use of skilled and reputation for the responsible drivers heat exhaustion project for the transportation of Lack of provision of materials and goods adequate sanitary Spread of facilities diseases and contamination. Provide workers with adequate periods of rest, sick Inadequate work leave etc as required tools by national law Low productivity, injury Installation of mobile washrooms where there is none. Risks related to working in a WWTP Unexpected Contractors will be that will be discharge of required to provide operational at the sewerage plant and maintain same time as the due to works adequate work tools upgrades/expansion within existing is happening infrastructure Mitigation details for the above are to be included in Contractor’s Mobilization 4 The identification/application of prevention and control measures to occupational hazards shall be based on the site- specific Job/Hazard Analysis. 21 Strategy and C- ESMP. Communicable diseases, Transmission of a Serious illness or Protocols in line with virus among workers death, low Government productivity on Protocols the work site Non-Compliance with Labour Regulations for Not expected to be a Work stoppage Provisions need to Foreign Workers major risk however Exploitation of be made to ensure should be considered non-documented all hired staff have due to the possibility workers (Lower the legal of contractor illegally pay than authoritisation to hiring undocumented documented work specifically on workers) the Dutch side of the non-domestic island, evidenced by workers. the proper No benefits documentation, accrued if from the main Use of sub- employer does contractor, sub- contractors who may not submit to contractors and the engage in illegal government on consultants. hiring workers’ behalf. Legal action against the contractor by the authorities Denial of entry Engagement of into the island for foreign consultants work purposes who may not have the required legal immigration documents. Labour Complaints Poor management of Workers may A Labour GRM is project workers’ have allegations included in this LMP concerns and of unfair to address concerns grievances treatment, poor promptly, using an working understandable and conditions, transparent process conflicts, poor that provides timely pay, feedback to those overstretched concerned in a working hours language they amongst other understand, without things which any retribution, and impacts the will operate in an functioning of the independent and workforce, safety, objective manner. and staff morale. The contractor will include a labour related GRM in the C-ESMP. The grievance procedure will be explained to all employees, during orientation to the 22 project and toolbox meetings/training sessions. The effectiveness of the system will be reviewed periodically or when there is any significant change in the project by the Project Management Team (PMT), National Recovery Program Bureau (NRPB), contractors, etc. SEA/SH Incidents of SEA/SH Workers on the The GRM provides against workers or project and Information and members of the members of the procedures for community. community may dealing with SEA/SH be exposed to matters. The sexual Contractor must also exploitation and include similar abuse or sexual provisions in the C- harassment, ESMP. perpetrated by workers of the The Contractor is project. also expected to include SEA/SH as a focus in Toolbox meetings and training, aimed at increasing awareness and reducing the possibility of occurrence of SEA/SH. List of GBV service providers: Police Department, Department of Social Services, The Women’s Desk, Safe Haven Women’s Shelter. A Construction Hazard Assessment (CHA) is essential to identify hazards and risks and appropriate controls prior to mobilization to site. All hazards identified must be prioritized. The completion of a Job Hazard Analysis (JHA) is required to verify that hazards and risks associated with a specific task are identified and appropriate controls are implemented prior to execution of the task. All hazards identified must be prioritized. The JHA must be communicated to all workers involved with the task prior to initiating the task. Subcontractors will be responsible for developing their own JHAs or safe work procedure for any work 23 in their scope that is hazardous and/or complex. The JHA shall be submitted for NRPB’s approval before works commencement as part of their C-ESMP. 24 10 Code of Conduct The NRPB has adopted a Code of Conduct (Annex 1) to ensure Environmental, Social, Health and Safety (ESHS) measures are adopted by the Bureau and its contractors. The firms contracted to do works under Components 1, 2 and 3 shall commit to an NRPB approved Code of Conduct regarding ESHS matters with all its staff. The Code of Conduct will include the responsibilities and accountability of the workers in dealing with the community and following the instruction from the supervisor. It will be included in the Bidding Documents submitted by contractors and in the final C-ESMP submitted to the NRPB prior to works beginning. The Code of Conduct must be signed by each worker. An example template of the Contractor’s Code of Conduct is appended to this document as Annex 2. This will be provided to contractors who may need guidance in the development of their Code of Conduct. 11 Labour Complaints and the Grievance Redress Mechanism A grievance mechanism for labour issues to be raised by project workers, is provided by the NRPB and any companies and contractors hired by the NRPB to perform tasks under projects. Direct workers refer to staff and individual consultants contracted by the NRPB, and contracted workers to workers of a contracted company and sub-contractors. The NRPB GRM integrates a labour GRM, in order to handle complaints from project workers. This chapter describes the process for handling labour issues by the NRPB and describes the requirements of contractors in regard to labour issues. GRM for Direct Workers NRPB’s workers can submit a complaint directly to the Human Resource (Human Resource) department. For NRPB workers who qualify as civil servants, the relevant provisions of the National Ordinance for Civil Service apply. 5 The process for handling complaints from NRPB workers, will be described in the HR Cycle. Complaints from direct workers regarding performance evaluation are described in the HR cycle, which is available to direct workers. Complaints regarding other topics, such as harassment, safety concerns, ethics etc., are proposed to be submitted to the HR department, by visiting the HR-officers in person or sending an e-mail to hr@nrpbsxm.org. Complaints made known to members of the Management Team, are referred to the HR department. The HR department is responsible for addressing the complaint from the respective NRPB worker. GRM for Contracted Workers Contracted workers can submit their complaint at the main Contractor. NRPB’s Labour GRM is available for contracted workers when they are not comfortable submitting a complaint at the Contractor. 5 Original text in Dutch: Landsverordening Materieel Ambtenarenrecht, 16-08-2017, AB2017, 32. Weblink: https://lokaleregelgeving.overheid.nl/CVDR156334/4 25 1. At their respective employer NRPB’s contracted companies are required to operate a GRM. Contracted workers can submit their complaint to their employer. Contracted workers are made aware of the possibility to submit a complaint through the induction training and signing of the Code of Conduct. Contractors will have information signs at the respective site and/or a complaint box on site. Complaints, including anonymous complaints, can be received through multiple channels, such as an e-mail address, a designated phone number and a drop box on the project site. If the worker’s employer is a Sub- Contractor without a GRM, the main Contractor will operate the GRM for their Sub-Contractors. 2. At NRPB, via the following channels  By visiting the office during office hours National Recovery Program Bureau #57 Walter A. Nisbeth Road Philipsburg Sint Maarten The complaint form will be provided for completion, for further processing of the complaint.  Telephone +1(721) 542-8886/7 The complaint form will be provided for completion, in order to further process the complaint, or completed for the complainant during the phone call.  E-mail labourcomplaints@nrpbsxm.org with "Complaint [insert Project name] '' in the title of the e-mail. For example, "Complaint Wastewater Management Project ". Contractor process for handling labour related complaints NRPB’s (Sub-)Contractors are obliged to comply with national (labor) legislation and applicable World Bank standards. Furthermore, the NRPB requires its staff and consultants and (Sub-) Contractors to adhere to the NRPB ESHS Code of Conduct. The Code of Conduct prescribes that external partners (NRPB’s (Sub-)Contractors) must allow access to a labour grievance redress mechanism without fear of reprisals. Contractors are thus required to submit a labour Grievance Redress Mechanism for NRPB’s approval, as part of the C-ESMP and/or LMP, for operation during implementation of the works. The Contractor’s GRM will describe in detail the following processes: 1. Uptake (channels available for submitting complaints) 2. Investigation and 3. Resolution and/or 4. Referral of complaints to the NRPB’s GRM 26 The personnel arrangements in support of the operation of the Contractor’s GRM, must be described in the C-ESMP. The Contractor is required to communicate and train their workers on operating and using the GRM. The scope of the Contractor’s GRM includes all project-worker complaints related to labor issues. The contractor will keep the NRPB informed about the grievances received from project workers and any worker complaint that remain unresolved after fifteen (15) days, will be referred to the NRPB. Any complaints regarding SEA/SH are immediately reported and referred to the NRPB for further handling. The Contractor’s grievance handling is monitored by the NRPB through incidental and regular reporting and possibly site visits and audits. Contracted worker grievances generally contain complaints about specific categories. The table below serves as an illustration of the different categories. The listed categories are not exhaustive and are intended to provide an overview and awareness of potential labour issues. Note that all complaints from workers will be received by the GRM and processed accordingly. 11.1 Categories of Labour Complaints Table 7: Categories of Labour Complaints Category of Labour Issues Details Employment practices that are not compliant Conditions of labor which constitute forced labor or other with either labor laws or applicable OP’s or ESS unscrupulous labor practices 2. Such as wages that are not proportionate with the tasks performed or within industry standards, withholding of the agreed upon financial compensation, unlawful termination of a labor contract, excess workload without provision of adequate rests and leisure, lack of hygiene facilities or inadequate facilities, discrimination against women and people with special abilities. The conduct of hazardous work in violation of Such as working at heights or in confined spaces without the the respective health, safety, social and required measures in place, irresponsible use of heavy environmental requirements machinery, or irresponsible management of hazardous materials. Lack of adherence to Occupational Health and Lack of commitment to workplace health and safety by Safety (OHS) practice and procedures management/contractor. Sexual Harassment/Sexual Exploitation and See definitions in Section 7.2 of the NRPB institutional GRM Abuse (SH/SEA) If a complaint falls within the scope of the mandate of the Inspectorate of Labor of the Ministry of Public Health, Social Development and Labor, and if the principle of confidentiality allows it, the complaint will be shared with the Inspectorate for further handling. In this case, the NRPB will follow up on the resolution of the complaint and closure thereof, as described in NRPB institutional GRM - Chapter 7. 27 11.2 NRPB process for handling labour related complaints NRPB’s GRM receives complaints from contracted workers if they are not comfortable submitting a complaint at the Contractor. In case the contracted worker submits the complaint directly to the NRPB, the contracted worker complaint will be received and processed by the NRPB, following the general guidelines and process described in this document. The NRPB will mediate between the worker and his/her employer and aim for a mutually agreed upon resolution of the complaint with the employer, to the extent possible. Additionally, the respective employer may be instructed by the NRPB to undertake specific steps to resolve the complaint. Figure 2: Simplified Overview of Project-Worker Complaint Handling Contractor’s GRM NRPB’s GRM • Confirming receipt within 5 days, determine • Receipt directly from contracted worker admissability, investigation, resolution within 15 •Receipt from Contractor days •Confirming receipt and determine admissability within 5 days •Referral to NRPB •Investigation, providing recommendations to Contractor when •If complaint not resolved within 15 days -> needed, resolution as soon as possible; within 6 weeks, NRPB’s GRM extension possible only for complex cases. •If SH/SEA/GBV complaint -> NRPB’s GRM 28 Annex 1: NRPB Code of Conduct 29 30 Annex 2: Template/Model for a Code of Conduct for Construction Workers This Code of Conduct contains obligations on all Contractor’s staff including its sub-contractors’ staff. All staff hired by the Contractor should sign this Code of Conduct. Code of Conduct for the implementation of the Wastewater Management Project Contractor: _______________________________________________________________________ Contract: __________________________________________________________________________ • Comply with applicable laws, rules, and regulations of the Government of Sint Maarten.   • Comply with applicable health and safety requirements (including wearing prescribed personal protective equipment, preventing avoidable accidents and a duty to report conditions or practices that pose a safety hazard or threaten the environment);    • Not use illegal substances any anytime on or off the job.  • Not Discriminate against any other worker (for example based on family status, ethnicity, race, gender, religion, language, marital status, birth, age, disability, or political conviction). • Have respectful interactions with community members (for example to convey an attitude of respect and non-discrimination) with communities.  • Not engage in any act of sexual harassment (whether through use of language or behavior, towards men or women or children, that is inappropriate, harassing, abusive, sexually provocative, demeaning or culturally inappropriate). • Not engage in any act of violence or exploitation (including prohibition of the exchange of money, employment, goods, or services for sex, including sexual favors or other forms of humiliating, degrading or exploitative behavior).    • Ensure the protection of children (including prohibitions against abuse, defilement, or otherwise unacceptable behavior with children, limiting interactions with children, and ensuring their safety in project areas). • Uphold sanitation requirements (for example, that all workers use specified sanitary facilities provided by their employer and not open areas). • Avoid conflicts of interest (such that benefits, contracts, or employment, or any sort of preferential treatment or favors, are not provided to any person with whom there is a financial, family, or personal connection). • Respect reasonable work instructions (including regarding environmental and social norms);  • Protect and properly use property (for example, to prohibit theft, carelessness or waste)    • Report violations of this Code as a duty.  • Be Protected against retaliation for workers who report violations of the Code, if that report is made in good faith.   31 • Be informed and allowed to access a Grievance Redress Mechanism without fear of reprisal.  On signing I confirm that:   • I have received a copy of this Code.  • The Code has been explained to me.  • I acknowledge that adherence to this Code of Conduct is a condition of employment; and  • I understood that violations of the Code can result in serious consequences, up to and including dismissal, or referral to legal authorities.     SIGNATURE: _____________________________________________  PRINTED NAME: __________________________________________  EMPLOYER REPRESENTATIVE: ________________________________  DATE: ___________________________________________________  32