Mammoth foam has 972 full time employees of whom 31% are women. During peak production periods the workforce is also supplemented by casual workers.
HR Policies, Procedures and Terms of Employment
Each of the three subsidiaries has a HR Manual which outlines the Company’s policies and procedures which are aligned with the local employment law. The manuals cover recruitment, induction, remuneration, leave, equal opportunity and non-discrimination, disciplinary measures and termination including severance pay and applicable gratuities on death, retirement, termination of contract and redundancy. In addition, there is a policy on sexual harassment and a code of conduct. Whereas this investment is expected to promote employment within the Group, Mammoth Group will be required to review their redundancy and retrenchment policies and procedures and include specific statements in the three HR Manuals to include procedures and mechanism for analysis of viable alternatives to retrenchment and where retrenchment is unavoidable, develop and implement a retrenchment action plan per PS 2 and local law requirements [ESAP #3]. The site specific ESMS’s include statements that demonstrate the Group’s prohibition of child and forced labor. Mammoth Group will however also review the Group HR policies to ensure they include specific statements covering prohibition of child labor and forced labor [ESAP #4].
Workers are issued with contracts and new workers undergo an induction program which includes sensitization of the company HR policies and their terms of engagement. Workers are notified of any updates on HR policies through notice boards located within the factories. The Group complies with the statutory health and pension scheme requirements in each country for both direct and contracted workers.
Workers Organizations
Workers in all three countries are free to join unions; group-wide, approximately 20% are unionized. MFA also has collective bargaining agreements (CBAs) for operations where there are unions i.e., with the Uganda Textiles, Garment, Leather and Allied Workers Union in Uganda, and the Kenya Chemical and Allied Workers Union in Kenya; these contracts are renewed every two years. The CBAs cover working hours, over time, rest days, wages and frequency of payment, maternity leave, grievance redress and disciplinary measures as well as termination procedures.
Union representatives are elected by workers and the Company provides time to workers to undertake these elections. Unionized workers are free to seek representation from their union representatives during grievance redress. Union representatives also participate in internal E&S audits on labor issues within the factories.
Grievance Mechanisms
The three subsidiaries operate on an “open-door policy” with workers being sensitized to submit complaints through the HR manager or their specific line manager. The documented grievance redress mechanisms (GRM) cover both workers and external stakeholders, including communities near the factory and those who interact with MFA group drivers. Unionized workers are reminded of their right of representation by union representatives. Records are kept by the HR or line manager through a grievance redress form. Management team training includes sensitization on how to handle employee grievances and application of disciplinary measures. The Group also provides suggestion boxes for submission of anonymous grievances but the GRM does not provide mechanisms for feedback by management on resolution and decisions on grievances that had been submitted anonymously.
Grievance redress mechanisms (GRM) are also embedded in the CBA with workers unions in Uganda and Kenya, while the sexual harassment policy outlines the approach for management of grievances specific to sexual harassment in the three countries. However, the mechanism does not provide explicit statements and mechanisms for application of survivor centric approaches to management of such grievances. The disciplinary procedures and related annexes also provide a summary for disciplinary measures for grievances arising from a confirmed breach of the Group’s Code of Conduct.
Taking into account the above, the Group will develop a stand-alone GRM procedure specifically for workers’ use in line with PS 2 requirements that incorporates; (i) the existing documented and undocumented grievance redress mechanisms; (ii) mechanisms for reporting resolution of anonymous grievances, (iii) the existing sexual harassment GRM updated with specific statements on survivor-centric approaches to management of such grievances. [ESAP #5]. The GRM will not impede workers access to existing judicial or administrative remedies nor impede the functioning of existing GRMs under the CBAs in Kenya and Uganda.
Occupational Health and Safety
As noted above the Kenya and Malawi subsidiaries are working towards certification against 1SO 45001 (Uganda having already achieved certification). MFA has a formal OHS Program implemented by the EHS Managers for each site with support from departmental managers, HR managers, supervisors, the EHS Committee, first aiders and fire marshals. The policies and procedures include hazard identification and risk assessment; requirement for up-to-date department and process specific risk registers, management plans and policies including those covering fire, security risks and first aid; use of personal protective equipment emergency prevention; preparedness and response plans; mechanisms for collaboration with relevant authorities and experts; staff training; performance measurement and monitoring as well as requisite reporting requirements. Workplace monitoring includes air quality monitoring in the foaming areas (see PS3 for details and noted elsewhere in this document).
All workers undergo a “fitness to work” test at the time of joining the Company while those in the foaming department undergo additional periodic tests to assess them for the existence of possible respiratory problems. The tests are covered by the Company provided medical insurance scheme.
The sites are fitted with fire detection and fire-fighting equipment based on the level and type of fire risk in the various sections of the three facilities. The range of equipment includes smoke detector alarms, heat detector alarms, fire extinguishers, hose reels, hydrant landing valves, sprinklers and dedicated back-up water storage. As noted in PS1 above, the Group has also developed Emergency Preparedness and Response Plans (EPRP) and procedures.
The Group undertakes annual independent fire safety audits through competent professionals. The Group shall submit these reports to IFC as part of the Annual Monitoring Report.
COVID-19 Management: The Group did not experience any retrenchment due to economic impacts of the pandemic. Each subsidiary developed a COVID-19 policy or control procedure to manage the disease in the workplace. This covers staff, visitor and community protection measures that include screening prior to accessing Group facilities, driver interaction with communities / customers, social distancing, staff sensitization, provision of relevant PPE, provision of sanitizers and hand-wash stations; emergency response and contact tracing in the event of positive cases at work, employee counselling and policy review to ensure continued compliance with relevant country level pandemic management directives.
Workers Employed by Third Parties and Supply Chain
Super Foam Ltd. in Kenya hires casual workers through a labor contractor, that has been assessed for compliance to national labor law and regulation. The Group also has contractors providing services in collection and disposal of waste, sanitation and pest control, transportation of goods during peak production seasons and fuel supply. The Group procurement processes included screening of contractors and suppliers on management of OHS risks. The Group also has documented Contractor OHS guidelines that are issued upon commissioning of contractors with works within the Group’s premises. The Group E&S management roles also include participation from the HR Manager in contractor/supplier assessment/evaluations on labor related issues on each site. Contractor performance ratings are provided under compliance to EHS best practices.
As part of ESAP#6, the Group will ensure that third party contracts include specific language to cover (i) provision of access to a GRM for third party workers provided by their employer; and (ii) indication that in the event that the third-party employer cannot provide a GRM, the group will extend its GRM to serve third party workers in all locations.
Mammoth Group will review and update its contracts with contractors and service providers to ensure that compliance with its labor policies and IFC PS 2 requirements are incorporated as a contractual requirement and will align the currently on-going supplier assessments and evaluations to the updated contractual requirements [ESAP #6].
