While all Performance Standards are applicable to this investment, IFC’s environmental and social due diligence indicates that the investment will have impacts which must be managed in a manner consistent with the following Performance Standards: While all Performance Standards are applicable to this investment, IFC’s environmental and social due diligence indicates that the investment will have impacts which must be managed in a manner consistent with the following Performance Standards: - PS1: Social and Environmental Assessment and Management Systems - PS2: Labor and Working Conditions - PS3: Pollution Prevention and Abatement - PS4: Community Health, Safety and Security The existing Braeburn Mombasa is on rented accommodation, whilst lease hold titles exist for Braeside School and Braeburn Nanyuki and all other properties are owned by Braeburn on a freehold basis. Only the establishment of Braeburn Mombasa will require new land and Braeburn is currently in the process of negotiating to purchase, on a willing-seller willing buyer basis, a privately owned piece of land in Mombasa. As a result, PS 5: Land Acquisition and Involuntary Resettlement does not apply since the project involves expansion on existing properties in Nairobi and there are no people living on site on the proposed Mombasa project site. PS6: Biodiversity Conservation and Sustainable Natural Resource Management also does not apply as the land has already been developed at existing sites and the piece of land in Mombasa is devoid of vegetation and lies in an urban area. Further, there is no presence of Indigenous Peoples (PS 7) on the project site while no cultural heritage (PS: 8) issues have been identified to date.

The key environmental and social issues for this project are: 1) management of project impacts on occupational health and safety (OHS) of casual laborers during construction phase, including minimizing potential impacts on the occupants of neighboring properties and the students at the existing properties; 2) land acquisition, and planning and approval process of the Environmental Impact Assessment (EIA) Study by the National Environment Management Authority (NEMA), including its Technical Advisory Committee for the Mombasa project site; 3) increased pressure on public utilities (water supply and energy) and existence and/or adequacy of treatment infrastructure facilities (sewage, solid and hazardous waste); 4) project design and resource conservation measures (lighting, energy efficiency and water use); 5) traffic congestion during the construction and operational phase; and, 6) Life and Fire Safety (L&FS) provisions, and management of fire safety risks. The proposed extension projects will have limited impacts on the surrounding urban environment of Nairobi and Arusha. The EIA Studies for the Nairobi projects have identified and assessed the potential environmental impacts during the construction and operation phases of the project and, have, to the extent possible, incorporated them into the project design. The same process will be followed for the Arusha and Mombasa projects. The identified environmental and social impacts are generally site-specific and temporary and none are regarded to be significant. Those impacts can be avoided or mitigated by adhering to generally recognized performance standards, procedures, guidelines or design criteria. Thus, this is a Category B project according to IFC’s Environmental and Social Review Procedures.

PS1: Social and Environmental Assessment and Management Systems

Assessment:

Braeburn commissioned Kenya-based National Environmental Management Authority (NEMA) registered environmental consultancy teams to undertake EIA Studies for Braeburn Gitanga Road and Braeside as required under the provisions of Environmental Management Coordination Act (EMCA). The final draft EIA Studies, which include an Environmental Management/Monitoring Plan (EMP), have been finalized and submitted to the (NEMA) who have since reviewed and approved the studies and issued the environmental impact licenses together with conditions for the two sites. The conditions raised are accepted by Braeburn prior to project commencement.

In addition, prior to the commencement of the construction works, all drawings, specifications, calculations and services systems are counterchecked by the Municipal Authorities and, once satisfied, a “building permit” is issued. Building permits have been issued for the Gitanga Road and Braeside sixth form projects whilst the Arusha project is still in the design phase. Once the design phase of the Arusha project is complete, Braeburn will apply for the necessary permits. Construction work at Gitanga Road has commenced whilst construction at Braeside is yet to commence.

Braeburn also continues to comply with legislations relating to environmental management, health and safety by commissioning NEMA registered consultants to conduct annual audits. These audits allow for continuous improvement in terms of environmental management as recommendations put forward by experts are implemented. Braeburn provided IFC with the Braeburn Gitanga Road 2009 environmental audit for review during appraisal. As set forth in the ESAP, IFC will also require that Braeburn complete an overall internal Environmental and Social Action Plan, taking into account ESIAs’ ESMPs’, NEMA (Kenya) and NEMC’s (Tanzania) Terms and Conditions, as spelled out in the environmental license and tasks defined in the IFC developed ESAP to ensure full compliance with both in-country and IFC requirements. Further, Braeburn is expected to carry on undertaking as observed during appraisal, an environmental self-audit of its operations, on an annual basis, and report the findings in the Annual Monitoring Report (AMR).

Management Program and Organization:

There are three different groups/committees with E & S responsibilities for Braeburn and these are: 1) the Braeburn Schools Limited HR Committee; 2) School improvement groups, and; 3) School Health & Safety Committees. There is no single staff member/committee specifically overseeing the E & S issues. However, the Operations Department are responsible for ensuring NEMA approvals are in place whilst the HR Committee tracks the different aspects of the operations which include:

- Maintain the company policies records.
- Ensure the policies have been implemented in all company divisions.
- Monitor compliance.
- Monitor effectiveness and where necessary advise the policy committee on necessary reviews.

The Health and Safety Act is implemented through Health and Safety Committees and Braeburn has developed a generic policy and all sites have been asked to establish a committee to ensure implementation.

At the project site, the contractor, as a condition of contract, must be familiar with and implement applicable in-country construction site safety standards. There are always First Aid boxes on site and workmen must wear protective clothing and helmets. It is the responsibility of the contractor to provide these items and ensure they are used and the building Foreman accepts responsibility for Health and Safety issues. Occasional visits to ensure this happens are carried out by Ministry of Labor officials. There is also a requirement for an incident report book to be kept on site.

Community Engagement:

In accordance with EMCA in Kenya, the EIAs’ consultancy teams have carried a stakeholder consultation during the EIA process. In both Braeburn Gitanga Road and Braeside, the schools are located in residential areas and the key stakeholders are the property owners and/or dwellers within the schools vicinities. Public consultation questionnaires were distributed to the neighbors during the EIA and sample responses included as annexes to the EIA study reports submitted to the authorities. Analysis of the sample completed questionnaires indicated support from the local residents who generally felt that the development will increase the value of their properties and open up job opportunities.

Braeburn also maintains active membership of the residents associations in the areas that they operate and in this way allows for continuous engagement with the immediate stakeholders.

Monitoring and reporting:

As indicated above, the annual environmental, health and safety audits allow for Braeburn and NEMA to monitor the E & S performance of Braeburn. The IFC will also require Braeburn to monitor the Occupational Health and Safety (OHS) performance during the construction and operational phases at the different sites and report same annually to IFC as part of the AMR. The OHS report will capture the number of incidents and accidents associated with the construction and operational activities. Municipal authorities will also conduct regular site inspections to check OHS performance as highlighted above and technical adherence and, at completion of building construction, a Certification of Occupation will be issued by the same Authority. Once the two six form buildings are finished, Braeburn will apply for the certification of occupation.

Apart from reporting to NEMA, Braeburn also reports to the Ministry of Education, where as part of registration with the Ministry of Education, health officials from the municipal council visit the premises to check on the health, safety and sanitation facilities to make sure that the schools meet the set standards. Braeburn continuously engages the Ministry of Labor on labor issues.

PS2: Labor and Working Conditions

Human Resource Policy and Management:

Braeburn has an existing total workforce of 726 workers, of which 372 are males and 354 females, 339 males and 309 females are local staff, and 33 males and 45 females are expatriates. Typically staff increases have to be approved by the HR Committee and justified by Heads of Departments and this increase is approximated at between 2 – 5 % per year. The two sixth form extension activities would lead to the creation of a maximum of 16 jobs at each institution as follows; four to seven teachers, one lab technician and five to eight cleaners. The Arusha project, when completed, would lead to the creation of a maximum of 13 new jobs.

The Human Resource function in Braeburn is a corporate function that is managed by a Human Resource Manager. Braeburn adopted a Human Resources Governance Policy in January 2008. It encompasses a personal code of conduct and procedures for selection, hiring, training, promotion, resignation, lay-off and firing. It specifies the terms of employment for different categories of appointments, employee’s working conditions (e.g. working hours, training, salary scale, grievance mechanism) and benefits (living allowances, medical insurance, pension, leave and transport allowance). All employees have detailed Job Descriptions tailored to their specific roles in the organization or department and these are reviewed regularly and informed by the changing organizational needs. The company assesses and reports on individual employee performance at least once annually. All employment and educational policies, procedures and guidelines are made available to employees as per agreed circulation table and are in accordance with the employment act CAP 226. The provisions of the Collective Bargaining Agreement (CBA) are available to all relevant employees as well as the implementing managers.

Braeburn’s recruitment process involves the requirements to perform the duties of a position and advertising the position internally and externally in a manner to attract suitable applicants. This is followed by the selection process and finally appointment. All recruitments and interviews are conducted by several Heads of Department as well as at least one Senior Braeburn Schools Limited staff member to ensure transparency and objectivity. This screening process is part of an in-house HR procedure and ensures that Braeburn complies with in-country labor law, including the minimum age of hiring. Braeburn does not recruit child labor in its contractors and sub-contractors. Employees on industrial attachments are not allowed to carry-out a full work load and are under strict supervision. No direct contract is signed by Braeburn with the local casual laborers as they are paid on a daily basis.

Expatriate teachers are vetted by the Ministry of Education before they are issued with work permits. The Teachers’ Service Commission falls under the oversight of the Ministry of Education and regulates/manages the teachers roll, teaching standards as well as terms of service.

Workers Organizations:

Some (386) of the Braeburn Kenya employees belong to the Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals and Allied Workers (KUDHEIHA WORKERS). Braeburn encourages staff to join the union and cooperates fully with the provision. In Kenya, all categories of employment eligible to join KUDDHEIA are introduced to the shop Steward or designated representative on commencing employment. Braeburn describe the relationship between management and union as a healthy one. Additionally, a joint management/employee works committee meeting is held monthly to deal with any grievances/suggestions and to address health and safety issues. Braeburn signed a memorandum of collective bargaining agreement with KUDHEIHA with effect from 1st September 2009 which will remain in force for a period of two years. The memorandum of agreement will remain in force after the two years until such time as either party gives 90 days notice in writing to the other signifying its wish to terminate or amend this agreement. The notice when given, will stipulate the changes requested as well as the supporting reasons for such changes.

In Tanzania, working conditions are determined by the Ministry of Labor.

Occupational Health and Safety (OHS):

Braeburn Schools Limited recognizes and accepts its legal responsibilities for health and safety and has in place a detailed health and safety policy. The primary focus of Braeburn health and safety policy is to adopt successful health and safety operations that will protect its employees, learners and all other persons affected directly or indirectly by Braeburn’s activities.

The varied nature of the different Braeburn institutional premises creates specific issues in terms of health and safety and thus each campus has an appointed individual with health and safety responsibilities. The overall responsibility, however, falls under the HR department and a health and safety committee has the function of ensuring an operational cycle is known and adhered to. The Board of Directors of Braeburn has the overall responsibility for the health and safety of the staff, students and members of the community who may at anytime be given permission to access its campuses. Managerial and supervisory staff has the responsibility to ensure that the policy is implemented within their own areas.

For projects, there is a team of experts comprising of a registered professional Architect, registered Structural Engineer, a contractor and a project director. The project director gives a brief to the Architect to design the building, and once acceptable, the structural engineer is brought on board to design the structure. The final drawings are submitted to municipal council for approval, i.e. building permission and also used for tendering, and once construction starts, the building Foreman assumes responsibility for Health and Safety issues as highlighted above.

PS3: Pollution Prevention and Abatement

Pollution prevention, resource conservation and energy efficiency:

The use of natural light is maximized in all, and more so in the new Braeburn buildings such as Garden Estate. Natural ventilation is enhanced through the installation of sliding doors (or you mean windows?). In addition, all conventional light bulbs are being replaced with energy saving bulbs across the group and solar power is used at Garden Estate to heat the water in the Boarding House. Solar power is also used to heat the swimming pool and warm the water in the change rooms at the squash courts at Gitanga Road campus. Going forward, Braeburn intends to retrofit all other campuses swimming pools with solar heating based on the lessons learnt at Gitanga Road campus.

Rainwater harvesting system will be installed on the proposed Braeside 6th form building’s roof to recover rainfall and store it in underground water tank reservoirs. Currently, drinking water is acquired in bottled form from Aquamist and is guaranteed for quality by the Kenya Bureau of Standards (KEBS). Where this is not available then all water is filtered through conventional UV systems prior to consumption. The Nairobi campuses existing water demand is met by municipal and borehole water as follows; 1) Gitanga Road - has a borehole and connection to mains city water. Borehole water is used for cleaning and a water purifier is installed in the kitchen for cooking purposes; 2) Garden Estate - borehole water supplements mains water supply and borehole for cleaning and washing, mains for cooking; and 3) Braeside - supplementation of mains supply with a borehole and a water purifier is also installed in the kitchen. Arusha has no borehole and a water purifier is installed to purify council water for cooking. Borehole water is also utilized for field irrigation on a timer system and is normally undertaken in the evenings to reduce loss of water through evaporation. There is also reduced use of pipes for washing; use of buckets is encouraged instead as is recycling of used water for general cleaning.

The primary waste streams from Braeburn Schools are: 1) sawdust from the woodwork workshops – sold to stables/farms; 2) domestic/cafeteria (food) – given to pig farmers; 3) paper/plastics – recycled by local firm, Kamongo Limited; 4) liquid effluent – dealt with through sump systems and soak pits; and 5) scrap metal and used oil from the motor vehicle workshops at Gitanga Road and Garden Estate – scrap sold to scrap metal dealers. Used oil from these workshops is occasionally taken away by the workers to treat timber fences against termite attack.

Braeburn management has introduced an integrated waste management system by incorporating separation of solid waste at source. The separation is aided by the use of three separate color coded bins used to separate plastics, paper, and any other waste. The bins are placed in trio to make it easier for separation at the waste collection center from which registered private waste collectors’ pickup the waste. The waste management is being incorporated as part of curricula.

Potential pollution issues as identified during the construction phase are those typically associated with construction sites and include, amongst others, increased water and soil erosion, landscape modification, discharge of contaminated (high silt loads/oil and grease) storm water, diesel and oil spills. In addition, there is the potential for nuisance impacts (e.g., noise and dust) on existing tenants in adjacent buildings and traffic congestion. These impacts may be effectively managed with the implementation of proven engineering practices as outlined in the EMP for the construction phase. The site manager appointed by the architect will undertake ongoing auditing to ensure compliance with the Plan.

Domestic sewage, generated from the washrooms and cleaning activities is currently collected by septic tanks and the settled effluent from these tanks is disposed of via soak pits. This is the case for all Braeburn campuses except for Gitanga Road and Arusha in Tanzania. The Gitanga Road sewage is connected to the municipal system whilst Arusha has a wastewater treatment system to further treat settled effluent from the soak pits. Braeburn is currently considering implementing the same system at their Garden Estate campus and a proposal has been submitted by Green Water Environmental - Water and Sanitation Solutions for the implementation. The system involves settled effluent flowing by gravity into a sump, from which it gravitates through a number of beds and ponds. The beds comprise gravel planted with typha grass and as water passes through the gravel bed it come into contact with microbes living on surface of the particles. The microbes are responsible for reducing the organic load by reducing nutrients. This treatment is carried over into the ponds and finally through the cascades which allow for aeration. Once the effluent water has passed through the system, it may be re-used within the school or be released into the environment. At Arusha, the treated water is currently being used to irrigate the fields.

The proposal by Green Water indicates that the recycled water will conform to the discharge criteria for effluent as indicated by NEMA for effluent to be used for irrigation and treated water discharged offsite. Whilst the proposal highlighted that a full schedule for sampling will be detailed in Operation and Maintenance document in line with NEMA requirements for Kenya, there were no monitoring results for Arusha. Braeburn will implement the effluent water quality monitoring to ensure that the effluent meets with irrigation and discharge requirements for the Kenya and Tanzania operations, wherever the system is installed.

Electricity for all the Braeburn campuses is supplied from the national grid. However, due to energy constraints in both Kenya and Tanzania over the last years, all the Braeburn schools have backup diesel generators. The generator capacities for the Nairobi and Arusha schools are as follows; 1) Gitanga Road - 200KVA and back-up stand-by of 65 KVA; 2) Garden Estate - 100KVA and back-up stand - by of 60 KVA; 3) Braeside - 115 KVA; and 4) Arusha - 55KVA. The diesel generators are maintained on a regular schedule to ensure operation according to manufacturer’s specifications.

Only Gitanga Road has an underground diesel tank and this is for consumption control. The 25000 liters fuel storage tank is provided with secondary containment structures for spill prevention.

Pesticide Use and Management:

Pesticides such as weed killer are rarely used and when the need arises to use them, Braeburn only uses certified safe varieties. All fumigation processes are undertaken by licensed firms who meet stringent government requirements and are registered with government. Infestations are dealt with in natural ways, e.g. digging up termite nests and maintaining cats to aid in the control of rodents.

PS4: Community Health, Safety and Security

The key identified risk for the operation of Braeburn campuses is fire. Braeburn has not recorded a fire incident since they started operating about 30 years ago. Various measures have been included in the design of the facilities to manage fire protection and life safety measures. In addition and as part of Braeburn’s application process to join the Council of International Schools (COIS), site inspection was undertaken by a representative of COIS. The inspection was undertaken at Braeside, Braeburn Gitanga Road, Mombasa and Arusha. Five issues related to life, fire and safety were identified and cited for corrective measure. These issues are: 1) install cut off switches for the gas supply to the laboratories; 2) install cut off switches for the electricity in the laboratories; 3) move the gas cylinders away from the classroom buildings; 4) provide central alarm system and system for more immediate contact with the fire department; and 5) establish a reliable external response to a fire emergency. These issues have since been addressed and the COIS inspector has given Braeburn leave to proceed to the next stages of the accreditation process. The remaining schools will be put up for accreditation once the first ones go through.

An emergency response plan which includes directional signs displayed throughout the building indicating exit and fire assembly points, amongst other aspects is in place and fire drills are held once every term. Braeburn is also in the process of concluding a three pronged emergency response with their contracted security company G4S in response to issue 5 (above) of COIS inspection. The response will include security, medical and fire. G4S provide unarmed security and have support from the police in the event of serious crimes or emergencies. Braeburn has a general school safety procedures document implemented by the School Health & Safety Committees as highlighted above.

Discussion with Braeburn Architects, Planning Systems Services Ltd, indicated that all Braeburn buildings are designed for earthquake protection and wind load resistance in accordance with internationally-recognized codes. The new Garden Estate extension has also included internationally accepted technical design standards for access to public buildings for persons with disabilities as well as adapted toilets on each floor and this will be adopted for all new facilities. IFC will require that this becomes standard for all new buildings and retrofitted in the old ones where practical.

Each of the Braeburn learning institutions, with the exception of Braeburn Kisumu International School, has a well established catering unit providing meals for pupils and staff. These units are headed by fully trained and qualified Catering Officers, typically graduates from established catering institutions locally, with training in food/beverage production, food safety, nutrition and hygiene practices. All staff that handle food or undertake food handling has to undergo mandatory medical tests every six months to ascertain that food is not contaminated. Further, all raw and dry food supplies are only sourced from fully registered and well established suppliers. The Health Department at the City or Municipal Councils periodically makes spot checks of the kitchens.

Braeburn maintains active membership of the residents associations in the areas that they operate and in this way, allows for continuous engagement with the immediate stakeholders.

Documents to be disclosed are the ESRS (Environmental & Social Review Summary) and the ESAP (Environmental & Social Action Plan). The ESRS and the ESAP will be available for local access at the Braeburn Headquarters, starting April 29, 2010, at the following address: Braeburn School Gitanga Road, Lavington Nairobi, Kenya Tel: Tel: +254 (020) 3872300-2 / 316 / 572 Mobile: (0722) 386679 (0733) 942022 Fax: +254 (020) 3872310 Email: admin@braeburn.ac.ke For any inquiries, please contact: T.L.K. Childs CEO Braeburn Limited P.O. Box 45112-00100 Nairobi, Kenya Tel: +254 (020) 3872300-2 / 316 / 572 Mobile: (0722) 386679 (0733) 942022 Fax: +254 (020) 3872310 Email: admin@braeburn.ac.ke