Outlines the specific problems that were found by monitors and the action taken by SanMar in response to an FLA audit of a factory in Vietnam

Fair Labor Association

English

Outlines the specific problems that were found by monitors and the action taken by SanMar in response to an FLA audit of a factory in Vietnam.Fla_2009TrackingChart_Sanmar.pdf: 69 downloads, before Oct. 1, 2020

eCommons (Cornell Univ.)

Tracking Chart 2009 SanMar, Vietnam

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FLA Audit Profile 
Factory Code  650084139H 
Country  Vietnam 
FLA Affiliate  SanMar 
Monitor  Global Standards 
Audit Date  August 26‐27, 2009 
Products  Apparel 
Processes  Cutting, sewing, finishing 
Number of Workers  1314 
 
 
 
 
 
. 
 
 
 
Table of Findings: 
Freedom of Association ____________________________________________________________ 2 
Miscellaneous: A. Code Awareness___________________________________________________ 3 
Health and Safety: I. Evacuation Requirements and Procedure______________________________ 4 
Health and Safety: Q. Ventilation/Electrical/Facility Installation and Maintenance ______________ 5 
Health and Safety: R. Machinery Maintenance and Worker Training_________________________ 5 
Health and Safety: ZC. Other - Health and Safety________________________________________ 6 
 
650084139H – Vietnam: SanMar 
 
 2
 
Freedom of Association: B. Right to Freely Associate  
FOA.2 Workers, without distinction whatsoever, shall have the right to establish and, subject only 
to the rules of the organization concerned, to join organizations of their own choosing without 
previous authorization. The right to freedom of association begins at the time that a worker seeks 
employment, and continues through the course of employment, including eventual termination of 
employment, and is applicable as well to unemployed and retired workers. (S) 
 
Audit Date  Audit Type  Audit Scope  Auditor  Score  
08/27/2009  External  
FLA 
Independent 
External 
Monitoring  
Global 
Standards  Noncompliance 
 
Explanation:  FLA comment: Vietnam has not ratified ILO Conventions 87 or 98. Under 
Vietnamese law, all unions are required to affiliate with the single trade union, the 
Vietnam General Confederation of Labor (VGCL), which is affiliated with the 
Communist Party. With respect to such union monopolies, the ILO Committee on 
Freedom of Association has stated that the rights of workers to establish 
organizations of their own choosing implies . . . the effective possibility of forming . 
. . [trade unions] independent both of those which exist already and of any political 
party. Vietnam's legal framework is therefore not compatible with the ILO 
Principles on Freedom of Association and, as such, all factories in Vietnam fail to 
comply with the FLA Code standard on Freedom of Association.  
Plan Of 
Action:  
SanMar acknowledges that labor relations in Vietnam do not meet core ILO 
standards. We have discussed the matter with factory management and respect 
that they follow the current local law and industrial practices of Vietnam 
concerning Freedom of Association and the establishment of employee unions. 
SanMar remains supportive of legal and program initiatives by global organizations 
such as the ILO, non-governmental organizations and other multi-stakeholder 
initiatives working to raise awareness of good labor practices in Vietnam. In 
addition, we have requested that factory management establish an independent 
worker committee to function as a grievance channel as well as to represent 
workers in other employment related matters. The committee representatives shall 
be elected by the workers without interference by management.  
Deadline 
Date:  
12/31/2009  
Supplier 
CAP:  
 
Supplier CAP 
Date:  
 
Action 
Taken:  
SanMar has started engagement with a partnership between the ILO and IFC 
working to improve standards based on ILO labor standards and the national laws 
of Vietnam. The meetings have been recent and introductory at this stage, and we 
are working on communications and other means to gain support for their work in 
Vietnam. Similarly, we encouraged all vendors to participate in recent FLA 3.0 
meetings in Vietnam and approximately 9 vendors participated in initial meetings. 
We are following up in the next weeks with additional communications to vendors 
on both these programs to support engagement on the part of vendors.  
Plan 
Complete:  
 
Plan 
Complete 
Date:  
 
Action 
Verified:  
 
Action  
650084139H – Vietnam: SanMar 
 3
Verified 
Text:  
Action 
Verified 
Date:  
 
Comments:   
Confidential 
Comments:   
 
 
  
Miscellaneous: A. Code Awareness  
GEN.2 Ensure that all Company factories as well as contractors and suppliers inform their 
employees about the workplace standards orally and through the posting of standards in a 
prominent place (in the local languages spoken by employees and managers) and undertake other 
efforts to educate employees about the standards on a regular basis. 
 
Audit Date  Audit Type  Audit Scope  Auditor  Score  
08/27/2009  External  
FLA 
Independent 
External 
Monitoring  
Global 
Standards  Noncompliance 
 
Explanation:  It was noted that company codes were posted, but worker awareness of the codes 
and regulations on laws and union activity were generally low. Orientation training 
was conducted for all new workers on the 1st day of employment. The training 
contents include labor regulations, wages and benefits, Code of Conduct, HSE. 
There is no regular refresher training. The amount of time allowed for the review of 
code elements was short. A worker handbook was provided but few workers took 
the time to read it. Sources: Visual inspection, interview with management, 
interview with workers and review of training records.  
Plan Of 
Action:  
In addition to orientation training currently provided by management, a refresher 
training shall be provided to all existing employees at least annually to reinforce 
awareness of local laws, union, factory regulations and SanMar's Global Operation 
Principles, giving special attention to changes during the year. Training records 
shall be documented.  
Deadline 
Date:  
01/31/2010  
Supplier 
CAP:  
 
Supplier CAP 
Date:  
 
Action 
Taken:  
 
Plan 
Complete:  
 
Plan 
Complete 
Date:  
 
Action 
Verified:  
 
Action 
Verified 
Text:  
 
Action 
Verified 
 
650084139H – Vietnam: SanMar 
 4
Date:  
Comments:   
Confidential 
Comments:   
 
 
  
Health and Safety: I. Evacuation Requirements and Procedure  
H&S.9 All applicable legally required or recommended elements of safe evacuation (such as posting 
of evacuation plans, the installation and maintenance of an employee alarm and emergency lighting 
systems, ensuring aisles/exits are not blocked and that workers are not blocked within their 
workstations, employee education, evacuation procedures, etc.) shall be complied with. Workers 
shall be trained in evacuation procedures. Alarm systems shall be regularly tested and evacuation 
drills shall be undertaken at least annually. (S)  
 
Audit Date  Audit Type  Audit Scope  Auditor  Score  
08/27/2009  External  
FLA 
Independent 
External 
Monitoring  
Global 
Standards  Noncompliance 
 
Explanation:  From walkthrough: The fire detectors in warehouses were not connected to a 
central alarm control panel. These smoke detectors were battery operated 
consumer units. During the interview with management, there was a low 
awareness of risks in the material storage area and fire safety standards. Source: 
walkthrough, management interview  
Law: National standards TCVN 5738:2000 Automatic fire alarm system Technical 
requirements. The automatic fire alarm system must include at least: control 
center, fire detectors, manual alarm buttons, connectors and power source.  
Plan Of 
Action:  
The factory has been asked to connect the smoke detectors to central alarm 
control panel. A staff representative shall be assigned to inspect all fire fighting 
equipment including smoke detectors at least once a week to ensure they are 
functioning at all times. Inspection records shall be documented.  
Deadline 
Date:  
11/30/2009  
Supplier 
CAP:  
 
Supplier CAP 
Date:  
 
Action 
Taken:  
 
Plan 
Complete:  
 
Plan 
Complete 
Date:  
 
Action 
Verified:  
 
Action 
Verified 
Text:  
 
Action 
Verified 
Date:  
 
Comments:   
Confidential  
650084139H – Vietnam: SanMar 
 5
Comments:   
 
  
Health and Safety: Q. Ventilation/Electrical/Facility Installation and 
Maintenance  
H&S.17 All necessary ventilation, plumbing, electrical, noise and lighting services shall be installed 
and maintained to conform to applicable laws and in such a manner as to prevent or minimize 
hazardous conditions to workers in the facility. (S) 
 
Audit Date  Audit Type  Audit Scope  Auditor  Score  
08/27/2009  External  
FLA 
Independent 
External 
Monitoring  
Global 
Standards  Noncompliance 
 
Explanation:  According to document review, a test of ground connection and 0 connection of 
electrical equipment has not been conducted. During the interview with 
management, it was observed that there was low awareness of legal requirements 
on electrical safety, so factory did not conduct grounding test. Source: document 
review, management overview Law: National standards TCVN 4756-89 Electrical 
equipment in dangerous area is inspected one time per year.  
Plan Of 
Action:  
The factory has been asked to conduct the ground connection test of all electrical 
equipment at least once a year and maintain the test report, as per legal 
requirement.  
Deadline 
Date:  
12/31/2009  
Supplier 
CAP:  
 
Supplier CAP 
Date:  
 
Action 
Taken:  
 
Plan 
Complete:  
 
Plan 
Complete 
Date:  
 
Action 
Verified:  
 
Action 
Verified 
Text:  
 
Action 
Verified 
Date:  
 
Comments:   
Confidential 
Comments:   
 
 
  
Health and Safety: R. Machinery Maintenance and Worker Training  
H&S.18 All production machinery, equipment and tools shall be regularly maintained and properly 
650084139H – Vietnam: SanMar 
 6
guarded. Workers shall receive training in the proper use and safe operation of machinery, 
equipment and tools they use. Employers shall ensure safety instructions are either 
displayed/posted near all machinery or are readily accessible to the workers. (S)  
 
Audit Date  Audit Type  Audit Scope  Auditor  Score  
08/27/2009  External  
FLA 
Independent 
External 
Monitoring  
Global 
Standards  Noncompliance 
 
Explanation:  From document review: The factory lacks a safety inspection permit for the electric 
forklift. From the factory walkthrough: The top shelves of the fabric warehouse 
were not safely accessible with a forklift. During the interview with management, it 
was observed that the management has low awareness of legal requirements. In 
addition, the management does not closely monitor forklift safety practices. From 
worker interviews, it was found that workers use the forklift to reach materials 
boxes on the top shelves and to maintain fire detectors. Source: management 
interview, worker interview, walkthrough, document review Law: Circular 
04/2008/TT-BLDTBXH Machines, equipment and supplies subject to strict labor 
safety requirements must be registered and verified before being put into use.  
Plan Of 
Action:  
The factory is requested to register the electric forklift and maintain the safety 
inspection permit per legal requirement. Electric forklift safety operation awareness 
training shall be provided to the forklift operators to ensure all operational 
practices are strictly followed. Training records shall be documented. The factory 
shall assign a warehouse staff / manager to monitor the use of electric forklift 
properly.  
Deadline 
Date:  
12/31/2009  
Supplier 
CAP:  
 
Supplier CAP 
Date:  
 
Action 
Taken:  
 
Plan 
Complete:  
 
Plan 
Complete 
Date:  
 
Action 
Verified:  
 
Action 
Verified 
Text:  
 
Action 
Verified 
Date:  
 
Comments:   
Confidential 
Comments:   
 
 
  
Health and Safety: ZC. Other - Health and Safety  
Other 
650084139H – Vietnam: SanMar 
 7
 
Audit Date  Audit Type  Audit Scope  Auditor  Score  
08/27/2009  External  
FLA 
Independent 
External 
Monitoring  
Global 
Standards  Noncompliance 
 
Explanation:  External environmental monitoring is not conducted regularly, as required by law 
and mentioned in the Environmental impact assessment report. From management 
interview, it was observed that there was low awareness of legal requirements, so 
the factory did not conduct external environmental monitoring regularly.  
Source: Document review, management interview  
Law: Law on environmental protection (52/2005/QH11)  
Plan Of 
Action:  
The factory has been asked to conduct external environmental monitoring at least 
once a year and maintain the relevant monitoring report per legal requirement.  
Deadline 
Date:  
12/31/2009  
Supplier 
CAP:  
 
Supplier CAP 
Date:  
 
Action 
Taken:  
 
Plan 
Complete:  
 
Plan 
Complete 
Date:  
 
Action 
Verified:  
 
Action 
Verified 
Text:  
 
Action 
Verified 
Date:  
 
Comments:   
Confidential 
Comments:   
 
 
  
 


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Tracking Chart 2009 SanMar, Vietnam

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