ESS4 Community Health and Safety PDF

2 Labor and Working Conditions Introduction Objectives 1. ESS2 recognizes the importance of To promote safety and health at work. employment creation and income genera- To promo...

2 Labor and Working Conditions Introduction Objectives 1. ESS2 recognizes the importance of To promote safety and health at work. employment creation and income genera- To promote the fair treatment, nondiscrimina- tion in the pursuit of poverty reduction and tion and equal opportunity of project workers. inclusive economic growth. Borrowers can To protect project workers, including vulnerable promote sound worker-management rela- workers such as women, persons with disabili- ties, children (of working age, in accordance tionships and enhance the development with this ESS) and migrant workers, contracted benefits of a project by treating workers in workers, community workers and primary supply the project fairly and providing safe and workers, as appropriate. healthy working conditions. To prevent the use of all forms of forced labor and child labor.1 To support the principles of freedom of associa- tion and collective bargaining of project workers in a manner consistent with national law. To provide project workers with accessible means to raise workplace concerns. Scope of application 2.  The applicability of ESS2 is established during the environmental and social assessment described in ESS1.2 3.  The scope of application of ESS2 depends on the type of employment relationship between the Bor- rower and the project workers. The term “project worker” refers to: (a) people employed or engaged directly by the Borrower (including the project proponent and the project implementing agencies) to work specifically in relation to the project (direct workers); ESS2 Paragraphs 17 to 19 specify the circumstances in which a child 1 may be employed or engaged in connection with a project. In conducting the environmental and social assessment and 2 depending on the significance of the potential issues in the proj- ect relating to labor and working conditions, the views of repre- sentative workers’ and employers organizations may be sought. 31 1707130_Environmental_and_Social_Framework.indd 31 5/25/17 8:34 AM  (b) people employed or engaged through third Requirements parties3 to perform work related to core func- tions4 of the project, regardless of location A. Working conditions and management (contracted workers); of worker relationships (c) people employed or engaged by the Borrower’s 9. The Borrower will develop and implement writ- primary suppliers5 (primary supply workers); ten labor management procedures applicable to and the project. These procedures will set out the way (d) people employed or engaged in providing com- in which project workers will be managed, in accor- munity labor6 (community workers). dance with the requirements of national law and this ESS.9 The procedures will address the way in ESS2 applies to project workers including full- which this ESS will apply to different categories of time, part-time, temporary, seasonal and migrant project workers including direct workers, and the workers.7 way in which the Borrower will require third parties to manage their workers in accordance with para- Direct workers graphs 31–33. 4. The requirements of paragraphs 9 to 30 of this ESS will apply to direct workers. Terms and conditions of employment 10. Project workers will be provided with informa- Contracted workers tion and documentation that is clear and under- 5. The requirements of paragraphs 9 to 33 of this standable regarding their terms and conditions of ESS will apply to contracted workers, as specified in employment. The information and documentation Section E. will set out their rights under national labor and employment law (which will include any applicable Community workers collective agreements), including their rights related 6.  The requirements of paragraphs 34 to 38 of this to hours of work, wages, overtime, compensation and ESS will apply to community workers, as specified in benefits, as well as those arising from the require- Section F. ments of this ESS. This information and documenta- tion will be provided at the beginning of the working Primary supply workers relationship and when any material changes to the 7.  The requirements of paragraphs 39 to 42 of this terms or conditions of employment occur. ESS will apply to primary supply workers, as speci- fied in Section G. 11.  Project workers will be paid on a regular basis as required by national law and labor management 8.  Where government civil servants are working in procedures. Deductions from payment of wages connection with the project, whether full-time or will only be made as allowed by national law or the part-time, they will remain subject to the terms and labor management procedures, and project work- conditions of their existing public sector employ- ers will be informed of the conditions under which ment agreement or arrangement, unless there has such deductions will be made. Project workers will been an effective legal transfer of their employ- be provided with adequate periods of rest per week, ment or engagement to the project.8 ESS2 will not annual holiday and sick, maternity and family leave, apply to such government civil servants, except for as required by national law and labor management the provisions of paragraphs 17 to 20 (Protecting the procedures. Work Force) and paragraphs 24 to 30 (Occupational Health and Safety). 12. Where required by national law or the labor management procedures, project workers will receive written notice of termination of employment and details of severance payments in a timely man- ner.10 All wages that have been earned, social secu- ‘Third parties’ may include contractors, subcontractors, brokers, 3 agents or intermediaries. rity benefits, pension contributions and any other ‘Core functions’ of a project constitute those production and/or 4 entitlements will be paid on or before termination service processes essential for a specific project activity without of the working relationship, either directly to the which the project cannot continue. ‘Primary suppliers’ are those suppliers who, on an ongoing 5 basis, provide directly to the project goods or materials essential for the core functions of the project. To the extent that provisions of national law are relevant to 9 See paragraph 34. 6 project activities and satisfy the requirements of this ESS, the ‘Migrant workers’ are workers who have migrated from one 7 Borrower will not be required to duplicate such provisions in country to another or from one part of the country to another for labor management procedures. purposes of employment. 10 Entitlement to such payments will depend on the nature of the Such transfer will be conducted in accordance with all legal 8 employment relationship, including whether the project workers requirements and transferred workers will be subject to all are employed on a fixed term contract, or are full-time, part-time, 32 requirements of this ESS. temporary or seasonal. 1707130_Environmental_and_Social_Framework.indd 32 5/25/17 8:34 AM  project workers or where appropriate, for the bene- with information needed for meaningful negotia- fit of the project workers. Where payments are made tion in a timely manner. Where national law restricts for the benefit of project workers, project workers workers’ organizations, the project will not restrict will be provided with evidence of such payments. project workers from developing alternative mecha- nisms to express their grievances and protect their Nondiscrimination and equal opportunity rights regarding working conditions and terms of 13. Decisions relating to the employment or treat- employment. The Borrower should not seek to influ- ment of project workers will not be made on the basis ence or control these alternative mechanisms. The of personal characteristics unrelated to inherent job Borrower will not discriminate or retaliate against requirements. The employment of project workers project workers who participate, or seek to partici- will be based on the principle of equal opportunity pate, in such workers’ organizations and collective and fair treatment, and there will be no discrimi- bargaining or alternative mechanisms. nation with respect to any aspects of the employ- ment relationship, such as recruitment and hiring, B. Protecting the work force compensation (including wages and benefits), work- Child labor and minimum age ing conditions and terms of employment,11 access to training, job assignment, promotion, termination 17. A child under the minimum age established in of employment or retirement, or disciplinary prac- accordance with this paragraph will not be employed tices. The labor management procedures will set or engaged in connection with the project. The labor out measures to prevent and address harassment, management procedures will specify the minimum intimidation and/or exploitation. Where national age for employment or engagement in connection law is inconsistent with this paragraph, the project with the project, which will be the age of 14 unless will seek to carry out project activities in a man- national law specifies a higher age. ner that is consistent with the requirements of this 18.  A child over the minimum age and under the age paragraph to the extent possible. of 18 may be employed or engaged in connection 14. Special measures of protection and assistance with the project only under the following specific to remedy discrimination or selection for a particu- conditions: lar job based on the inherent requirements of the (a) the work does not fall within paragraph 19 job or the objectives of the project12 will not be deemed as discrimination, provided they are con- below; sistent with national law. (b) an appropriate risk assessment is conducted prior to the work commencing; and 15.  The Borrower will provide appropriate measures (c) the Borrower conducts regular monitoring of of protection and assistance to address the vulnera- health, working conditions, hours of work and bilities of project workers, including specific groups the other requirement of this ESS. of workers, such as women, people with disabilities, migrant workers and children (of working age in 19.  A child over the minimum age and under the age accordance with this ESS). Such measures may be of 18 will not be employed or engaged in connection necessary only for specific periods of time, depend- with the project in a manner that is likely to be haz- ing on the circumstances of the project worker and ardous13 or interfere with the child’s education or the nature of the vulnerability. be harmful to the child’s health or physical, mental, spiritual, moral or social development. Worker’s organizations 16. In countries where national law recognizes workers’ rights to form and to join workers’ organi- zations of their choosing and to bargain collectively without interference, the project will be imple- ESS2 mented in accordance with national law. In such cir- cumstances, the role of legally established workers’ organizations and legitimate workers’ representa- Work considered hazardous for children is work that, by its 13 tives will be respected, and they will be provided nature or the circumstances in which it is carried out, is likely to jeopardize the health, safety, or morals of children. Examples of hazardous work activities prohibited for children include work: (a) with exposure to physical, psychological or sexual abuse; The Borrower will consider, to the extent technically and finan- 11 (b) underground, underwater, working at heights or in confined cially feasible, reasonable measures to adapt the workplace in spaces; (c) with dangerous machinery, equipment or tools, or relation to project workers with disabilities. involving handling or transport of heavy loads; (d) in unhealthy For example, where the project or a component of the project 12 environments exposing children to hazardous substances, is designed to target a specific group or set of individuals, such agents, or processes, or to temperatures, noise or vibration dam- as in projects with a local hiring requirement, social safety net aging to health; or (e) under difficult conditions such as work for projects or work for peace projects. This may also include posi- long hours, during the night or in confinement on the premises tive affirmative measures as required by national law. of the employer. 33 1707130_Environmental_and_Social_Framework.indd 33 5/25/17 8:34 AM  Forced labor grievance mechanisms provided through collective 20. Forced labor, which consists of any work or agreements. service not voluntarily 14 performed that is exacted from an individual under threat of force or penalty, D. Occupational Health and Safety (OHS) will not be used in connection with the project. This 24.  Measures relating to occupational health and prohibition covers any kind of involuntary or com- safety will be applied to the project. The OHS mea- pulsory labor, such as indentured labor, bonded sures will include the requirements of this Section, labor, or similar labor-contracting arrangements. No and will take into account the General EHSGs and, trafficked persons will be employed in connection as appropriate, the industry-specific EHSGs and with the project.15 other GIIP. The OHS measures applying to the proj- ect will be set out in the legal agreement and the C. Grievance mechanism ESCP.18 21. A grievance mechanism will be provided for 25.  The OHS measures will be designed and imple- all direct workers and contracted workers16 (and, mented to address: (a) identification of potential where relevant, their organizations) to raise work- hazards to project workers, particularly those that place concerns.17 Such workers will be informed may be life threatening; (b) provision of preventive of the grievance mechanism at the time of recruit- and protective measures, including modification, ment and the measures put in place to protect them substitution, or elimination of hazardous conditions against any reprisal for its use. Measures will be put or substances; (c) training of project workers and in place to make the grievance mechanism easily maintenance of training records; (d) documenta- accessible to all such project workers. tion and reporting of occupational accidents, dis- 22.  The grievance mechanism will be proportionate eases and incidents; (e) emergency prevention and to the nature and scale and the potential risks and preparedness and response arrangements to emer- impacts of the project. It will be designed to address gency situations;19 and (f) remedies for adverse concerns promptly, using an understandable and impacts such as occupational injuries, deaths, dis- transparent process that provides timely feedback ability and disease.20 to those concerned in a language they understand, 26.  All parties who employ or engage project work- without any retribution, and will operate in an ers will develop and implement procedures to independent and objective manner. The grievance establish and maintain a safe working environment, mechanism may utilize existing grievance mecha- including that workplaces, machinery, equipment nisms, providing that they are properly designed and processes under their control are safe and and implemented, address concerns promptly, and without risk to health, including by use of appro- are readily accessible to such project workers. Exist- priate measures relating to chemical, physical and ing grievance mechanisms may be supplemented as biological substances and agents. Such parties will needed with project-specific arrangements. actively collaborate and consult with project work- 23. The grievance mechanism will not impede ers in promoting understanding, and methods for, access to other judicial or administrative remedies implementation of OHS requirements, as well as in that might be available under the law or through providing information to project workers, training existing arbitration procedures, or substitute for on occupational safety and health, and provision of personal protective equipment without expense to the project workers. Work is on a voluntary basis when it is done with the free and 14 27. Workplace processes will be put in place for informed consent of a worker. Such consent must exist through- project workers to report work situations that they out the employment relationship and the worker must have the possibility to revoke freely given consent. In particular, there can be no “voluntary offer” under threat or other circumstances of restriction or deceit. To assess the authenticity of a free and Section 2 of the General Environmental Health and Safety 18 informed consent, it is necessary to ensure that no external con- Guidelines (EHSGs) on Occupational Health and Safety applies straint or indirect coercion has been carried out, either by an act to all projects and can be found at http://www.ifc.org/wps/ of the authorities or by an employer’s practice. wcm/connect/9aef2880488559a983acd36a6515bb18/2%2BOccu Trafficking in persons is defined as the recruitment, trans- 15 pational%2BHealth%2Band%2BSafety.pdf?MOD=AJPERES. Each of portation, transfer, harboring or receipt of persons by means of the industry-specific guidelines addresses the OHS issues rel- the threat or use of force or other forms of coercion, abduction, evant to the particular industry. Links to each of these guidelines fraud, deception, abuse of power, or of a position of vulnerability, can be found at http://www.ifc.org/wps/wcm/connect/topics_ or of the giving or receiving of payments or benefits to achieve ext_content/ifc_external_corporate_site/ifc+sustainability/ the consent of a person having control over another person, for our+approach/risk+management/ehsguidelines the purposes of exploitation. Women and children are particu- These arrangements will be coordinated with the Emergency 19 larly vulnerable to trafficking practices. Preparedness and Response measures established under ESS4. For community workers, see paragraph 36. 16 Such remedies should take into account, as applicable, the 20 This grievance mechanism will be provided separately from the 17 wage level and age of the project worker, the degree of adverse 34 grievance mechanism required under ESS10. impact, and the number and age of dependents concerned. 1707130_Environmental_and_Social_Framework.indd 34 5/25/17 8:34 AM  believe are not safe or healthy, and to remove subcontracting, the Borrower will require such third themselves from a work situation which they have parties to include equivalent requirements and non- reasonable justification to believe presents an compliance remedies in their contractual agree- imminent and serious danger to their life or health. ments with subcontractors. Project workers who remove themselves from such situations will not be required to return to work 33. Contracted workers will have access to a griev- until necessary remedial action to correct the situ- ance mechanism. In cases where the third party ation has been taken. Project workers will not be employing or engaging the workers is not able to retaliated against or otherwise subject to reprisal or provide a grievance mechanism to such workers, negative action for such reporting or removal. the Borrower will make the grievance mechanism provide under Section C of this ESS available to the 28. Project workers will be provided with facilities contracted workers. appropriate to the circumstances of their work, including access to canteens, hygiene facilities, and F. Community workers appropriate areas for rest. Where accommodation 34. Projects may include the use of community services21 are provided to project workers, policies workers in a number of different circumstances, will be put in place and implemented on the man- including where labor is provided by the community agement and quality of accommodation to protect as a contribution to the project, or where projects and promote the health, safety, and well-being of are designed and conducted for the purpose of fos- the project workers, and to provide access to or pro- tering community-driven development, providing a vision of services that accommodate their physical, social safety net23 or providing targeted assistance social and cultural needs. in fragile and conflict-affected situations. Given the 29. Where project workers are employed or engaged nature and objectives of such projects, the applica- by more than one party and are working together tion of all requirements of ESS2 may not be appro- in one location, the parties who employ or engage priate. In all such circumstances, the Borrower will the workers will collaborate in applying the OSH require measures24 to be implemented to ascertain requirements, without prejudice to the responsibil- whether such labor is or will be provided on a vol- ity of each party for the health and safety of its own untary basis as an outcome of individual or com- workers. munity agreement.25 30. A system for regular review of occupational 35. Accordingly, where the project includes the pro- safety and health performance and the working vision of labor by community workers, the Borrower environment will be put in place and include iden- will apply the relevant provisions of this ESS in a tification of safety and health hazards and risks, manner which reflects and is proportionate to: implementation of effective methods for respond- (a) the nature and scope of the project; ing to identified hazards and risks, setting priorities for taking action, and evaluation of results. (b) the specific project activities in which the com- munity workers are engaged; and E. Contracted workers (c) the nature of the potential risks and impacts to the community workers. 31. The Borrower will make reasonable efforts to ascertain that third parties22 who engage contracted Paragraphs 9 to 15 (Working Conditions) and para- workers are legitimate and reliable entities and graphs 24 to 30 (Occupational Health and Safety) have in place labor management procedures appli- will be assessed in relation to community labor, and cable to the project that will allow them to oper- will be applied in a manner which reflects (a) to (c) ate in accordance with the requirements of this ESS, above. The way in which these requirements will except for paragraphs 34–42. apply in the circumstances of the project will be set out in the labor management procedures. ESS2 32. The Borrower will establish procedures for managing and monitoring the performance of such 36. In preparing the labor management proce- third parties in relation to the requirements of this dures, the Borrower will clearly identify the terms ESS. In addition, the Borrower will incorporate the and conditions on which community labor will be requirements of this ESS into contractual agree- engaged, including amount and method of payment ments with such third parties, together with appro- priate noncompliance remedies. In the case of For example, food-for-work programs and public works as 23 Those services might be provided either directly by the Bor- 21 safety nets programs. rower or by third parties. These measures will be documented in the labor management 24 See footnote 3: this may include contractors, subcontractors, 22 procedures. brokers, agents or intermediaries. See footnote 14. 25 35 1707130_Environmental_and_Social_Framework.indd 35 12/11/17 1:48 PM  (if applicable) and times of work. The labor manage- child labor, forced labor and serious safety issues ment procedures will also specify the way in which which may arise in relation to primary suppliers. community workers can raise grievances in relation to the project. The Borrower will assess the potential 40.  Where there is a significant risk of child labor or risks and impacts of the activities to be conducted forced labor related to primary supply workers, the by community workers and, at a minimum, apply the Borrower will require the primary supplier to iden- relevant requirements of the General EHSGs and tify those risks consistent with paragraphs 17 to 20 industry-specific EHSGs. above. The labor management procedures will set out roles and responsibilities for monitoring pri- 37.  The Borrower will assess whether there is a risk of mary suppliers. If child labor or forced labor cases child labor or forced labor within community labor, are identified, the Borrower will require the primary identifying those risks consistent with paragraphs supplier to take appropriate steps to remedy them. 17 to 20 above. The labor management procedures will set out roles and responsibilities for monitoring 41.  Additionally, where there is a significant risk of community workers. If cases of child labor or forced serious safety issues related to primary supply work- labor are identified, the Borrower will take appropri- ers, the Borrower will require the relevant primary ate steps to remedy them. supplier to introduce procedures and mitigation measures to address such safety issues. Such pro- 38. The review system established pursuant to cedures and mitigation measures will be reviewed paragraph 30 will take into account the provision periodically to ascertain their effectiveness. of labor by community workers in the project, and that adequate training is provided to such workers, 42. The ability of the Borrower to address these tailored to their particular needs and the potential risks will depend upon the Borrower’s level of con- risks and impacts of the project. trol or influence over its primary suppliers. Where remedy is not possible, the Borrower will, within a G. Primary supply workers reasonable period, shift the project’s primary sup- pliers to suppliers that can demonstrate that they 39.  As part of the environmental and social assess- are meeting the relevant requirements of this ESS. ment, the Borrower will identify potential risks of 36 1707130_Environmental_and_Social_Framework.indd 36 5/25/17 8:34 AM 1707130_Environmental_and_Social_Framework.indd 37 5/25/17 8:34 AM 1707130_Environmental_and_Social_Framework.indd 38 5/25/17 8:34 AM  Resource Efficiency 3 and Pollution Prevention and Management Introduction 2. This ESS sets out the requirements to address resource efficiency and pollution1 prevention and 1. ESS3 recognizes that economic activity management2 throughout the project life cycle Reso and urbanization often generate pollution consistent with GIIP. to air, water, and land, and consume finite resources that may threaten people, eco- and Objectives system services and the environment at the local, regional, and global levels. The cur- To promote the sustainable use of resources, including energy, water and raw materials. rent and projected atmospheric concentra- tion of greenhouse gases (GHG) threatens To avoid or minimize adverse impacts on human health and the environment by avoiding or mini- the welfare of current and future genera- mizing pollution from project activities. tions. At the same time, more efficient and To avoid or minimize project-related emissions effective resource use, pollution preven- of short and long-lived climate pollutants.3 tion and GHG emission avoidance, and To avoid or minimize generation of hazardous mitigation technologies and practices have and non-hazardous waste. become more accessible and achievable. To minimize and manage the risks and impacts associated with pesticide use. Scope of application 3.  The applicability of this ESS is established during the environmental and social assessment described in ESS1. Requirements 4. The Borrower will consider ambient condi- tions and apply technically and financially fea- sible resource efficiency and pollution prevention ESS3 The term “pollution” is used to refer to both hazardous and non- 1 hazardous chemical pollutants in the solid, liquid, or gaseous phases, and includes other components such as thermal dis- charge to water, emissions of short- and long-lived climate pollutants, nuisance odors, noise, vibration, radiation, electro- magnetic energy, and the creation of potential visual impacts including light. Unless otherwise noted in this ESS, “pollution management” 2 includes measures designed to avoid or minimize emissions of pollutants, including short- and long-lived climate pollutants, given that measures which tend to encourage reduction in energy and raw material use, as well as emissions of local pollutants, also generally result in encouraging a reduction of emissions of short- and long-lived climate pollutants. This includes all GHGs and black carbon (BC). 3 39 1707130_Environmental_and_Social_Framework.indd 39 5/25/17 8:34 AM  measures in accordance with the mitigation hierar- Specific water use (measured by volume of water chy. The measures will be proportionate to the risks used per unit production) will be assessed; and and impacts associated with the project and consis- tent with GIIP, in the first instance the EHSGs. Operations must be benchmarked to available industry standards of water use efficiency. 9. The Borrower will assess, as part of the envi- Resource efficiency ronmental and social assessment, the potential cumulative impacts of water use upon communities, 5. The Borrower will implement technically and other users and the environment and will identify financially feasible measures for improving efficient and implement appropriate mitigation measures. consumption of energy, water and raw materials, as well as other resources. Such measures will inte- grate the principles of cleaner production into prod- C. Raw material use uct design and production processes to conserve 10.  When the project is a potentially significant user raw materials, energy and water, as well as other of raw materials, in addition to applying the resource resources. Where benchmarking data are available, efficiency requirements of this ESS, the Borrower the Borrower will make a comparison to establish will adopt measures4 specified in the EHSGs and the relative level of efficiency. other GIIP to support efficient use of raw materials, to the extent technically and financially feasible. A. Energy use 6.  The efficient use of energy is an important way Pollution prevention and management in which the Borrower can contribute to sustain- able development. When the project is a potentially 11.  The Borrower will avoid the release of pollutants significant user of energy, in addition to applying or, when avoidance is not feasible, minimize and the resource efficiency requirements of this ESS, control the concentration and mass flow of their the Borrower will adopt measures specified in the release using the performance levels and measures EHSGs to optimize energy usage, to the extent tech- specified in national law or the EHSGs, whichever is nically and financially feasible. most stringent. This applies to the release of pol- lutants to air, water and land due to routine, non- B. Water use routine, and accidental circumstances, and with the potential for local, regional, and transboundary 7. When the project is a potentially significant impacts. user of water or will have potentially significant impacts on water quality, in addition to applying 12.  Where the project involves historical pollution,5 the resource efficiency requirements of this ESS, the the Borrower will establish a process to identify the Borrower will adopt measures, to the extent techni- responsible party. If the historical pollution could cally and financially feasible, that avoid or minimize pose a significant risk to human health or the envi- water usage so that the project’s water use does not ronment, the Borrower will undertake a health have significant adverse impacts on communities, and safety risk assessment6 of the existing pol- other users and the environment. These measures lution which may affect communities, workers and include, but are not limited to, the use of additional the environment. Any remediation of the site will technically feasible water conservation measures be appropriately undertaken in accordance with within the Borrower’s operations, the use of alter- national law and GIIP, whichever is most stringent.7 native water supplies, water consumption offsets to maintain total demand for water resources within the available supply, and evaluation of alternative These measures can include reuse or recycling of materials. 4 project locations. The Borrower will seek to reduce or eliminate the use of toxic or hazardous raw materials. 8.  For projects with a high water demand that have In this context historical pollution is defined as pollution from 5 potentially significant adverse impacts on commu- past activities affecting land and water resources for which no nities, other users or the environment, the following party has assumed or been assigned responsibility to address and carry out the required remediation. will apply: Such assessment will follow a risk-based approach consistent 6 with GIIP, in the first instance the EHSGs. A detailed water balance will be devel- If one or more third parties are responsible for the historical 7 oped, maintained, monitored and reported pollution, the Borrower will consider seeking recourse from such periodically; parties so that such pollution is appropriately remediated. The Borrower will implement adequate measures so that historical Opportunities for improvement in water use effi- pollution at the site does not pose a significant risk to the health ciency will be identified and implemented; and safety of workers and communities. 40 1707130_Environmental_and_Social_Framework.indd 40 5/25/17 8:34 AM  13. To address potential adverse project impacts project.13 This will include an estimate of gross GHG on human health and the environment,8 the Bor- emissions resulting from the project, providing that rower will consider relevant factors, including, for such estimation is technically and financially fea- example: (a) existing ambient conditions; (b) in sible. Where the Borrower does not have the capac- areas already impacted by pollution, the remaining ity to develop the estimate of GHG emissions, the assimilative capacity9 of the environment; (c) exist- Bank will provide assistance to the Borrower.14 For ing and future land use; (d) the project’s proximity to projects that have diverse and small sources of areas of importance to biodiversity; (e) the potential emissions (for example, community-driven devel- for cumulative impacts with uncertain and/or irre- opment projects) or where emissions are not likely versible consequences; and (f) impacts of climate to be significant (for example, projects in education change. and social protection), GHG estimations will not be required. 14.  In addition to applying resource efficiency and pollution control measures as required in this B. Management of hazardous ESS, when the project has the potential to consti- and nonhazardous wastes tute a significant source of emissions in an already degraded area, the Borrower will consider addi- 17. The Borrower will avoid the generation of haz- tional strategies and adopt measures that avoid or ardous and nonhazardous waste.15 Where waste minimize negative effects. These strategies include, generation cannot be avoided, the Borrower will but are not limited to, evaluation of project location minimize the generation of waste, and reuse, recy- alternatives. cle and recover waste in a manner that is safe for human health and the environment. Where waste A. Management of air pollution10 cannot be reused, recycled or recovered, the Bor- rower will treat, destroy, or dispose of it in an envi- 15.  In addition to the resource efficiency measures ronmentally sound and safe manner that includes described above, the Borrower will consider alter- the appropriate control of emissions and residues natives and implement technically and financially resulting from the handling and processing of the feasible and cost-effective11 options12 to avoid or waste material. minimize project-related air emissions during the design, construction and operation of the project. 18.  If the generated waste is considered hazardous,16 the Borrower will comply with existing requirements 16.  As part of the environmental and social assess- for management (including storage, transporta- ment of the project, the Borrower will characterize tion and disposal) of hazardous wastes including and estimate sources of air pollution related to the national legislation and applicable international conventions, including those relating to trans- boundary movement. Where such requirements are absent, the Borrower will adopt GIIP alternatives for its environmentally sound and safe management and disposal. When hazardous waste management Such as air, surface and groundwater and soils. 8 is conducted by third parties, the Borrower will use Assimilative capacity refers to the capacity of the environment 9 contractors that are reputable and legitimate enter- for absorbing an incremental load of pollutants while remaining below a threshold of unacceptable risk to human health and the prises licensed by the relevant government regula- environment. tory agencies and, with respect to transportation and ‘Air pollution’ refers to the release of air pollutants (often 10 associated with the combustion of fossil fuels), such as nitrogen oxides (NOx), sulfur dioxide (SO2), carbon monoxide (CO), particu- late matter (PM), as well as other contaminants including GHGs. For the purposes of such estimate, the Borrower may utilize 13 Cost-effectiveness is determined according to the capital and 11 national methodologies accepted in the context of international operational cost and financial benefits of the options considered agreements on climate change, with the agreement of the Bank. over the life of the project. ESS3 Depending on the capacity of the Borrower, the type of the proj- 14 The options for reducing or preventing air pollution may 12 ect and the basis on which financing is being provided to the include a combination of approaches such as: enhancing energy Borrower, this assistance may involve the Bank carrying out the efficiency, process modification, selection of fuels or other mate- GHG estimation on behalf of the Borrower, for example relating rials with less polluting emissions, and application of emissions to IDA or FCS projects, working with Borrower counterparts and control techniques. Options for reducing GHG emissions may using project information provided by the Borrower. The Bank include alternative project locations; adoption of renewable or can also provide technical assistance to the Borrower in the use low carbon energy sources; alternatives to refrigerants with high of the methodologies established by the Bank so that Borrower global warming potential; more sustainable agricultural, forestry competency is strengthened in this respect. and livestock management practices; the reduction of fugitive emissions and gas flaring; carbon sequestration and storage; These wastes may include municipal waste, e-waste and animal 15 sustainable transport alternatives; and proper waste manage- waste. ment practices. As defined by the EHSGs and relevant national law. 16 41 1707130_Environmental_and_Social_Framework.indd 41 5/25/17 8:34 AM  disposal, obtain chain of custody documentation and the intended users.20 The Borrower will not use to the final destination. The Borrower will ascertain any pesticides or pesticide products or formulations whether licensed disposal sites are being operated unless such use is in compliance with the EHSGs. to acceptable standards and where they are, the In addition, the Borrower will also not use any pes- Borrower will use these sites. Where licensed sites ticide products that contain active ingredients that are not being operated to acceptable standards, the are restricted under applicable international con- Borrower will minimize waste sent to such sites and ventions or their protocols or that are listed in, or consider alternative disposal options, including the meeting, the criteria of their annexes, unless for possibility of developing its own recovery or dis- an acceptable purpose as defined by such conven- posal facilities at the project site or elsewhere. tions, their protocols or annexes, or if an exemp- tion has been obtained by the Borrower under such C. Management of chemicals and hazardous conventions, their protocol or annexes, consistent materials with Borrower commitments under these and other applicable international agreements. The Borrower 19.  The Borrower will avoid the manufacture, trade will also not use any formulated pesticide products and use of chemicals and hazardous materials sub- that meet the criteria of carcinogenicity, mutagenic- ject to international bans, restrictions or phaseouts ity, or reproductive toxicity as set forth by relevant unless for an acceptable purpose as defined by the international agencies. For any other pesticide conventions or protocols or if an exemption has products that poses other potentially serious risk been obtained by the Borrower, consistent with Bor- to human health or the environment and that are rower government commitments under the appli- identified in internationally recognized classifica- cable international agreements. tion and labelling systems, the Borrower will not use pesticide formulations of products if: (a) the country 20. The Borrower will minimize and control the lacks restrictions on their distribution, management release and use of hazardous materials.17 The pro- and use; or (b) they are likely to be used by, or be duction, transportation, handling, storage, and use accessible to, lay personnel, farmers, or others with- of hazardous materials for project activities will out training, equipment, and facilities to handle, be assessed through the environmental and social store, and apply these products properly. assessment. The Borrower will consider less haz- ardous substitutes where hazardous materials are 23. The following additional criteria apply to the intended to be used in manufacturing processes or selection and use of such pesticides: (a) they will other operations. have negligible adverse human health effects; (b) they will be shown to be effective against the tar- D. Management of pesticides get species; and (c) they will have minimal effect on 21.  Where projects involve recourse to pest manage- nontarget species and the natural environment. The ment measures, the Borrower will give preference to methods, timing, and frequency of pesticide appli- integrated pest management (IPM)18 or integrated cation are aimed to minimize damage to natural vector management (IVM)19 approaches using com- enemies. Pesticides used in public health programs bined or multiple tactics. will be demonstrated to be safe for inhabitants and domestic animals in the treated areas, as well as 22. In the procurement of any pesticide the Bor- for personnel applying them; (d) their use will take rower will assess the nature and degree of asso- into account the need to prevent the development ciated risks, taking into account the proposed use of resistance in pests; and (e) where registration is required, all pesticides will be registered or other- wise authorized for use on the crops and livestock, or for the use patterns, for which they are intended These materials may include chemical fertilizer, soil amend- 17 ments and chemicals other than pesticides. under the project. IPM refers to a mix of farmer-driven, ecologically based pest 18 control practices that seeks to reduce reliance on synthetic 24. The Borrower will ensure that all pesticides chemical pesticides. It involves: (a) managing pests (keeping used will be manufactured, formulated, packaged, them below economically damaging levels) rather than seek- ing to eradicate them; (b) integrating multiple methods (relying, labeled, handled, stored, disposed of, and applied to the extent possible, on nonchemical measures) to keep pest according to relevant international standards and populations low; and (c) selecting and applying pesticides, when codes of conduct, as well as the EHSGs. they have to be used, in a way that minimizes adverse effects on beneficial organisms, humans, and the environment. IVM is a rational decision-making process for the optimal use of 19 resources for vector control. The approach seeks to improve the efficacy, cost-effectiveness, ecological soundness and sustain- This assessment is made in the context of the environmental 20 ability of disease-­vector control. and social impact assessment. 42 1707130_Environmental_and_Social_Framework.indd 42 5/25/17 8:34 AM  25. For any project involving significant pest man- prepare a Pest Management Plan (PMP).23 A pest agement issues21 or any project contemplating management plan will also be prepared when pro- activities that may lead to significant pest and posed financing of pest control products represents pesticide management issues,22 the Borrower will a large component of the project.24 Such issues would include: (a) migratory locust control; (b) mos- 21 quito or other disease vector control; (c) bird control; (d) rodent Depending on the nature and the scale of the risks and impacts 23 control, etc. of the project, the elements of a PMP may be included as part Such as: (a) new land-use development or changed cultivation 22 of the ESCP and preparation of a stand-alone PMP may not be practices in an area; (b) significant expansion into new areas; necessary. (c) diversification into new crops in agriculture; (d) intensifica- This is when financing of substantial quantities of pesticides 24 tion of existing low-technology systems; (e) proposed procure- is envisaged. A pest management plan is not required for the ment of relatively hazardous pest control products or methods; procurement or use of impregnated bednets for malaria control, or (f) specific environmental or health concerns (e.g., proximity of or of insecticides for intradomiciliary spraying for malaria control protected areas or important aquatic resources; worker safety). identified in internationally recognized classification systems. ESS3 43 1707130_Environmental_and_Social_Framework.indd 43 5/25/17 8:34 AM 1707130_Environmental_and_Social_Framework.indd 44 5/25/17 8:34 AM  4 Community Health and Safety Introduction 2. ESS4 addresses the health, safety, and security risks and impacts on project-affected communities 1. ESS4 recognizes that project activities, and the corresponding responsibility of Borrowers equipment, and infrastructure can increase to avoid or minimize such risks and impacts, with community exposure to risks and impacts. particular attention to people who, because of their particular circumstances, may be vulnerable. In addition, communities that are already subjected to impacts from climate change may also experience an acceleration or Objectives intensification of impacts due to project To anticipate and avoid adverse impacts on activities. the health and safety of project-affected com- munities during the project life cycle from both routine and nonroutine circumstances. To promote quality and safety, and consider- ations relating to climate change, in the design and construction of infrastructure, including dams. To avoid or minimize community exposure to project-related traffic and road safety risks, dis- eases and hazardous materials. To have in place effective measures to address emergency events. To ensure that the safeguarding of personnel and property is carried out in a manner that avoids or minimizes risks to the project-affected communities. Scope of application 3.  The applicability of this ESS is established during the environmental and social assessment described in ESS1. 4. This ESS addresses potential risks and impacts on communities that may be affected by project ESS4 activities. Occupational health and safety (OHS) requirements for project workers are set out in ESS2, and measures to avoid or minimize impacts on human health and the environment due to existing or potential pollution are set out in ESS3. 45 1707130_Environmental_and_Social_Framework.indd 45 5/25/17 8:34 AM  Requirements Safety of services 9.  Where the project involves provision of services A. Community health and safety to communities, the Borrower will establish and 5.  The Borrower will evaluate the risks and impacts implement appropriate quality management sys- of the project on the health and safety of the tems to anticipate and minimize risks and impacts affected communities during the project life cycle, that such services may have on community health including those who, because of their particular and safety. In such circumstances, the Borrower will circumstances, may be vulnerable. The Borrower also apply the concept of universal access, where will identify risks and impacts and propose mitiga- technically and financially feasible. tion measures in accordance with the mitigation Traffic and road safety hierarchy. 10.  The Borrower will identify, evaluate and monitor Infrastructure and equipment design and safety the potential traffic3 and road safety risks to work- 6. The Borrower will design, construct, operate, ers, affected communities and road users through- and decommission the structural elements of the out the project life cycle and, where appropriate, project in accordance with national legal require- will develop measures and plans to address them. ments, the EHSGs and other GIIP, taking into con- The Borrower will incorporate technically and finan- sideration safety risks to third parties and affected cially feasible road safety measures into the project communities. Structural elements of a project will design to prevent and mitigate potential road safety be designed and constructed by competent profes- risks to road users and affected communities. sionals, and certified or approved by competent 11.  Where appropriate, the Borrower will undertake authorities or professionals.1 Structural design will a road safety assessment for each phase of the take into account climate change considerations, as project, and will monitor incidents and accidents, appropriate. and prepare regular reports of such monitoring. The 7. Where the project includes new buildings and Borrower will use the reports to identify negative structures that will be accessed by members of safety issues, and establish and implement mea- the public, the Borrower will consider the incre- sures to resolve them. mental risks of the public’s potential exposure to 12.  For vehicles or fleets of vehicles for the purposes operational accidents or natural hazards, includ- of the project (owned or leased), the Borrower will ing extreme weather events. Where technically and put in place appropriate processes, including driver financially feasible, the Borrower will also apply the training, to improve driver and vehicle safety, as concept of universal access2 to the design and con- well as systems for monitoring and enforcement. struction of such new buildings and structures. The Borrower will consider the safety record or rat- 8. When structural elements or components of a ing of vehicles in purchase or leasing decisions and project are situated in high-risk locations, includ- require regular maintenance of all project vehicles. ing those with risk of extreme weather or slow 13.  For projects that operate construction and other onset events, and their failure or malfunction may equipment on public roads or where the use of threaten the safety of communities, the Borrower project equipment could have an impact on public will engage one or more independent experts with roads or other public infrastructure, the Borrower relevant and recognized experience in similar proj- will take appropriate safety measures to avoid the ects, separate from those responsible for the design occurrence of incidents and injuries to members and construction, to conduct a review as early as of the public associated with the operation of such possible in project development and throughout the equipment. stages of project design, construction, operation, and decommissioning. Where the project involves a Ecosystem services new or existing dam, the Borrower will provide suffi- 14.  The project’s direct impacts on ecosystem ser- cient resources to apply the requirements on safety vices may result in adverse health and safety risks of dams, as set out in Annex 1. This may include, where appropriate, third-party life and fire 1 safety audits for existing buildings that are used for communal purposes and for new buildings prior to their commissioning or use. The concept of universal access means unimpeded access for 2 people of all ages and abilities in different situations and under various circumstances, as set out in GIIP. May include all motorized transportation relevant to the project. 3 46 1707130_Environmental_and_Social_Framework.indd 46 5/25/17 8:34 AM  to and impacts on affected communities.4 With will implement measures to avoid or control com- respect to this ESS, ecosystem services are limited munity exposure to such hazardous material. to provisioning and regulating services as defined in ESS1. Where appropriate and feasible, the Bor- Emergency preparedness and response rower will identify the project’s potential risks and 19.  The Borrower will identify and implement mea- impacts on ecosystem services that may be exac- sures to address emergency events. An emergency erbated by climate change. Adverse impacts will be event is an unanticipated incident, arising from both avoided, and if they are unavoidable, the Borrower natural and man-made hazards, typically in the form will implement appropriate mitigation measures. of fire, explosions, leaks or spills, which may occur for a variety of different reasons, including failure to Community exposure to health issues implement operating procedures that are designed 15.  The Borrower will avoid or minimize the poten- to prevent their occurrence, extreme weather or lack tial for community exposure to water-borne, water- of early warning. The measures will be designed to based, water-related, and vector-borne diseases, address the emergency event in a coordinated and and communicable and noncommunicable diseases expeditious manner, to prevent it from injuring the that could result from project activities, taking into health and safety of the community, and to mini- consideration differentiated exposure to and higher mize, mitigate and compensate for any impacts that sensitivity of vulnerable groups. Where specific dis- may occur. eases5 are endemic in communities in the project area, the Borrower is encouraged to explore oppor- 20. Borrowers engaged in projects having the tunities during the project life cycle to improve potential to generate emergency events will conduct environmental conditions that could help minimize a risk hazard assessment (RHA), as part of the envi- their incidence. ronmental and social assessment undertaken pur- suant to ESS1. Based on the results of the RHA, the 16. The Borrower will take measures to avoid or Borrower will prepare an Emergency Response Plan minimize transmission of communicable diseases (ERP) in coordination with the relevant local author- that may be associated with the influx of temporary ities and the affected community, and will take into or permanent project labor. account the emergency prevention, preparedness and response arrangements put into place with Management and safety of hazardous materials project workers under ESS2.6 17.  The Borrower will avoid or minimize the poten- tial for community exposure to hazardous materials 21. An ERP will include, as appropriate: (a) engi- and substances that may be released by the project. neering controls (such as containment, automatic Where there is a potential for the public (including alarms, and shutoff systems) proportionate to the workers and their families) to be exposed to haz- nature and scale of the hazard; (b) identification of ards, particularly those that may be life threaten- and secure access to emergency equipment avail- ing, the Borrower will exercise special care to avoid able on-site and nearby; (c) notification procedures or minimize their exposure by modifying, substitut- for designated emergency responders; (d) diverse ing, or eliminating the condition or material causing media channels for notification of the affected com- the potential hazards. Where hazardous materials munity and other stakeholders; (e) a training pro- are part of existing project infrastructure or com- gram for emergency responders including drills at ponents, the Borrower will exercise due care dur- regular intervals; (f) public evacuation procedures; ing construction and implementation of the project, (g) designated coordinator for ERP implementation; including decommissioning, to avoid exposure to and (h) measures for restoration and cleanup of the the community. environment following any major accident. 18. The Borrower will implement measures and 22. The Borrower will document its emergency actions to control the safety of deliveries of hazard- preparedness and response activities, resources, ESS4 ous materials, and of storage, transportation and and responsibilities, and will disclose appropri- disposal of hazardous materials and wastes, and ate information, as well as any subsequent mate- rial changes thereto, to affected communities, relevant government agencies, or other relevant parties. The Borrower will assist and collaborate with affected communities, relevant government For example, land use changes or the loss of natural buffer 4 areas, such as wetlands, mangroves and upland forests, which agencies and other relevant