PRIORITIZED ROAD INVESTMENT AND
MANAGEMENT ENHANCEMENTS (PRIME)PROJECT
Federated States of Micronesia

LABOR MANAGEMENT PROCEDURES

FINAL

Prepared forWith Funding from

July 2021

Federated States of Micronesia PRIME ProjectLabor Management Procedures

CONTENTS
1.

2.

3.

4.

5.

Introduction ...................................................................................................................... 1
1.1

Overview ...............................................................................................................................1

1.2

Background ...........................................................................................................................1

Project Background and Rationale ................................................................................. 2
2.1

Overview of the ‘PRIME’ Project ...........................................................................................2

2.2‘PRIME’ Investments and Activities .......................................................................................2

Overview of Labor Use on the Project ............................................................................ 6
3.1

Contractual Arrangements ....................................................................................................6

3.2

Categorization of the Workforce ............................................................................................6

3.3

Project Labor Requirements ..................................................................................................8

Brief Overview of Labor Legislation: Terms and Conditions ...................................... 12
4.1

General ............................................................................................................................... 12

4.2

FSM Workers Rights Legislation ......................................................................................... 12

4.3

Relevance of GoFSM Employment Conditions to ESS2 ...................................................... 13

Roles and Responsibilities ............................................................................................ 15
5.1

6.

7.

July 2021

Institutional Responsibilities and Structures ........................................................................ 15

Project-Related Labor Policies and Procedures .......................................................... 19
6.1

Terms and conditions of employment .................................................................................. 19

6.2

Age of employment ............................................................................................................. 19

6.3

Sexual Exploitation, Abuse & Sexual Harassment ............................................................... 19

6.4

Occupational Health and Safety .......................................................................................... 20

6.5

Workers’ rights to refuse unsafe work environments ........................................................... 20

Worker’s Grievance Mechanism ................................................................................... 21
7.1

Direct Workers – Government ............................................................................................. 21

7.2

Direct Workers – Other ....................................................................................................... 21

7.3

Contracted Workers ............................................................................................................ 21

7.4

Notification .......................................................................................................................... 21

Final

ii

Federated States of Micronesia PRIME ProjectLabor Management Procedures

LIST OF TABLES
Table 2-1: PRIME Project Components and Worker Classifications ...............................................................2
Table 3-1: ESS2 Worker Classifications .........................................................................................................6
Table 3-2: Personnel to be engaged on the Project ........................................................................................9
Table 4-1: Regulatory approach to child and forced labor ............................................................................. 14
Table 7-1: Labor Grievance Mechanism ........................................................................................................ 22

LIST OF FIGURES
Figure 5-1: Implementation arrangements for the PRIME Project. ................................................................. 15

APPENDICES
Appendix A

FSM Government Grievance Summary

Appendix B

Project OHS Management

Appendix C

Code of Conduct

Appendix D

Civil Works Contractor - Environmental, Social, Health And Safety Clauses

July 2021

Final

iii

Federated States of Micronesia PRIME ProjectLabor Management Procedures

ABBREVIATIONSAOIArea of Interest

CEDAW

Convention on the Elimination of All Forms of Discrimination Against
Women

CESMP

Contractors’ Environmental and Social Management PlanCIU

DoFA Central Implementation Unit

CoC

Code of Conduct

CRC

Convention on the Rights of the Child

CRPD

Convention on the Rights of Persons with Disabilities

CRRS

Climate Resilient Road Strategy

DoFA

Department of Finance and Administration

DoPW&T

Yap Department of Public works and Transport

DoT&I

Kosrae Department of Transport and Infrastructure

DoT&PW

Chuuk Department of Transport and Public Works

DoTC&I

Department of Transportation, Communications and Infrastructure

E&S

Environmental and Social

EA

Executing Agency

EHS

Environmental Health and Safety

ESA

Environmental and Social Assessment

ESCP

Environmental and Social Commitment Plan

ESF

World Bank Environmental and Social Framework

ESIA

Environmental and Social Impact Assessment

ESMF

Environmental and Social Management Framework

ESMP

Environmental and Social Management Plan

ESSWorld Bank Environmental and Social Standards

FSM

Federated States of Micronesia

FSMIP

FSM Maritime Investment Project

GBV

Gender Based Violence

GoFSM

Government of FSM

GMGrievance Mechanism

IA

Implementing Agency

ID

Identification Documents

ILO

International Labor Organization

JSA

Job Safety Analysis

LMP

Labor Management Procedures

July 2021

Final

iv

Federated States of Micronesia PRIME ProjectLabor Management Procedures

OHS

Occupational Health and Safety

PAD

Project Appraisal Document

PIA

Project Implementation Agreement

PIU

PRIME Project Implementation Unit

PMU

DoTC&I Project Management Unit

PPE

Personal Protective Equipment

PSC

Project Steering Committee

PRIME

Prioritized Road Investment and Management Enhancements Project

RF

Resettlement Framework

SEA

Sexual Exploitation and Abuse

SEP

Stakeholder Engagement Plan

SH

Sexual Harassment

T&I

Pohnpei Office of Transportation and Infrastructure

VA

Vulnerability Assessment

VAC

Violence Against Children

WB

World Bank

July 2021

Final

v

Federated States of Micronesia PRIME ProjectLabor Management Procedures

1.

Introduction

1.1

Overview
The Government of Federated States of Micronesia (GoFSM) has applied for financing
from the World Bank (WB) for the Prioritized Road Investment and Management
Enhancements (PRIME) Project to improve the climate resilience of FSM’s Road network.

1.2

Background
These Labor Management Procedures (LMP) seek to ensure that measures are in place
to manage risks associated with employment under the project in terms of meeting national
labor requirements as well as the objectives of the WB Environmental and Social
Framework (ESF), specifically the objectives of Environmental and Social Standards 2(ESS2) “Labor and Working Conditions and Occupational Health and Safety”.
This LMP document is one of several reports and environmental and social (E&S)
instruments developed to support management of the E&S aspects of the PRIME Project.
Other key E&S documents prepared as part of this package of documents include:•

Environmental and Social Management Framework (ESMF);•

Resettlement Framework (RF);•

Stakeholder Engagement Plan (SEP);•

Generic Environmental and Social Management Plan (ESMP); and•Environmental and Social Commitment Plan (ESCP)The LMP document has been prepared to ensure proper working conditions andmanagement of worker relationships, occupational health and safety, and to address
Project-related issues associated with workforce-related gender based violence, (GBV);
and/or sexual exploitation and abuse and sexual harassment (SEA/SH).
The LMP document is a “live document” that can be updated to meet the demands of the
Project.

July 2021

Final
Page 3-1

1Federated States of Micronesia PRIME ProjectLabor Management Procedures

2.

Project Background and Rationale

2.1

Overview of the ‘PRIME’ Project
The Prioritized Road Investment and Management Enhancements (PRIME) Project will
provide funds for technical assistance and institutional strengthening to improve themanagement of the road network in relation to potential climate change impacts for the
FSM. In addition, the Project will fund the feasibility, design and construction of physicalworks on priority road assets to improve resilience to climate-related hazards or events.
FSM’s transport network is of critical importance to the country’s economy and economic
development through supporting trade and promoting commercial activity by facilitating the
movement of goods and services and providing safe and efficient access to social services
including schools and health facilities. Critical climate resilient road, bridge or drainage
improvement works to be implemented urgently to maintain a basic level of land transport
connectivity in each state will be identified as part of the PRIME Project. The extent ofthese works is described and shown in the ESMF.
While some initial road works have been identified as requiring urgent works (refer
Component 2, Section 2.2.2), the design of the required works has not yet been undertaken
and the full extent of impacts are not yet known. The additional works that will form the
PRIME Project will be identified as part of early technical studies. As part of these studies
a multi-criteria assessment will be undertaken to prioritize the urgency of works and works
that will be funded by PRIME. Environmental and social risk screening will be part of themulti-criteria analysis.
A summary of key PRIME Project components is outlined below. Further detail on thescope of the PRIME Project activities is outlined in the project’s ESMF.

2.2‘PRIME’ Investments and Activities
Project activities will primarily take place within existing primary road corridors, orimmediately adjacent to the road to improve erosion protection, drainage or safety features.
Some additional secondary roads that are considered to be of strategic and/or economic
importance will also form part of the ‘PRIME Roads’, and be assessed under Component
1 below, but recommended improvements on these secondary roads will not be considered
for funding under Component 2. The extent of these roads including a definition of ‘PRIME
Roads’ in each State are presented in the ESMF.
The three key components of the PRIME Project are outlined in Table 2-1 below, withcorresponding worker classifications for the various Project Components / subcomponents. Worker classification definitions are described in Section 3.2.
Table 2-1: PRIME Project Components and Worker Classifications

PRIME
Component
Component 1:
Spatial and
SectorPlanning
Tools

July 2021

Component Description

Worker Classification

Involves technical assistance that will improve the way that climate change is addressed in
FSM’s Road sector to enable policymakers to make informed decisions based on the mostaccurate and up-to-date information available. The following activities are proposed underComponent 1:a)Vulnerability Assessment (VA) and Climate Resilient
Road Strategy (CRRS). Preparation and implementation

Final
Page 3-2

Technical services toprepare and implement2Federated States of Micronesia PRIME ProjectLabor Management Procedures

PRIME
Component

Component Descriptionb)Component 2:
ClimateResilient
Infrastructure
Solutions

July 2021

Worker Classificationof a VA and CRRS to assess levels of vulnerability to
climate change and severe weather events (e.g., sealevel rise, extreme rainfall, landslide, storm surge, etc.)
across FSM’s existing primary road corridors and
GoFSM-selected existing strategic secondary roadcorridors. The VA and CRRS will also identify measures
to enhance resilience and prioritize investments tobalance vulnerability reduction against cost implication.
Training will be provided to relevant national and state
officials in the use of VA and CRRS tools.

a VA and CRSS.
Training
willbeprovidedbyconsultants/contractors
to relevant national andstate officials in the use
of VA and CRRS tools.
Consultants/contractors
in this context will either
be Direct Workers (ifdirectly contracted to
the PIU, CIU or IA) or
Contracted Workers(if the procurement by
PIU, CIU or IA is via afirm).

Climate-informed Road asset management systems.
Provision of hardware, software and ancillary tools toestablish climate-informed road asset management
systems to be used by DoTC&I and State Road
Authorities. Training will be provided to relevant Nationaland State officials in the use of these systems.

Consultants/contractors
in this context will either
be Direct Workers (ifdirectly contracted to
the PIU, CIU or IA) or
Contracted Workers(if the procurement by
PIU, CIU or IA is via afirm). Implementation
will be via relevant
national and state
officials–
DirectWorkers.

This Component involves feasibility studies, design and construction of identified priority
road assets to improve their resilience to climate-related hazards. The integration of climatechange considerations into infrastructure activities will help strengthen the resilience ofassets and improve functionality of the road network. Component 2 is split into two parts:a)

Urgent Priority Works (including design andsupervision). Critical climate resilient road, bridge,
causeway or drainage improvement works that should be
implemented urgently to maintain a basic level of roadconnectivity in each state. Urgent works proposed forfinancing under the PRIME Project include:(i) Improving the narrow, low-level Lelu causeway in
Kosrae;(ii) Replacing the 12 m Awak bridge in Pohnpei;(iii) Improving the 2.5 km airport to Pou Bay bridge roadin Chuuk; and(iv) Replacing two short-span (6 m long) steel andconcrete composite bridges in Yap.

This subcomponent
will involve design
consultants(Contracted Workers
engaged via a firm);
and
civil
works
undertaken
byengaged of contractors(Contracted
Workers).

b)

Works informed by the VA and CRRS (including
design and supervision). In addition to the urgent
priorities under Sub-component 2a, a selection of near,medium and long-term road works would be financed toenhance the resilience of the network in each state toclimate change impacts and natural hazards, inaccordance with the recommendations from the VA andThis subcomponent
will involve design
consultants(Contracted Workers
engaged via a firm);
and
civil
works
undertaken
by

Final
Page 3-33Federated States of Micronesia PRIME ProjectLabor Management Procedures

PRIME
Component

Component Description
CRRS undertaken as part of Component 1. Works will be
restricted to road networks within the existing primaryroad corridors.
Interventions are expected to include measures tostrengthen network resilience, including but notnecessarily limited to:(i) Pavement and surface strengthening – periodic
maintenance,
repairs,
rehabilitationorreconstruction of existing road pavement layers
and/or surfacing, including provision of sealed
shoulders and raising road levels;(ii) Drainage improvements – provision, reinstatement
and/or lining of longitudinal drainage, replacement
and/or increasing capacity of cross drainage
culverts, improving open or covered outfalls,
provision of subsoil drainage and cut-off drains;(iii) Spot slope stabilization – widening and/or reducing
slope of cuttings and fill embankments to reduce
landslip risk, soil bioengineering and biotechnicalstabilization techniques, and anchoring of unstablerock slopes;(iv) Rock wall revetment strengthening – for protectionof coastal road sections;(v) Improvements to causeways and bridges – repairs
or reconstruction of existing crossings and/or
provision of new crossings to provide safe, allweather access for vehicles and pedestrians;(vi) Road safety improvements – traffic calming
measures, provision of guardrails, line marking andminor realignments to improve sight distance.

Component 3:
Strengthening
the Enabling
Environment

July 2021

Worker Classification
engaged contractors(Contracted Workers
under this LMP).

This Component will provide funding to support institutional and regulatory reforms for road
sector asset management and maintenance, including measures to strengthen local
capacity and to increase the sustainability of climate resilient road sector investments. In
addition, this Component will help to strengthen coordination among relevant institutions,will look at ways in which road sector management can be improved, and will address any
emerging priority issues that can help support GoFSM in addressing climate change risks.
Proposed sub-components include:a)Institutional and Governance Review. A review of
institutional arrangements, key policies, regulations,legislation and roles and responsibilities of principle
stakeholders involved in the road sector withrecommendations to strengthen such arrangements.

Consultants engaged
on the review will be
Direct Workers if
engaged individually;
and/orContracted
Workers if engaged
via a firm.

b)Project Management. Establishment and maintenanceof a Project Implementation Unit (PIU) to support theimplementation of the PRIME Project. In addition, thisincludes operating costs for PRIME-related travel andcommunications costs.

Implementation will be
via engagement of
individuals to the PIU(Direct Workers).

c)Road Safety Program. Provision of technical assistanceactivities to improve road safety.

Engagementofconsultants(Direct
Workers if engaged
individually;
and/orFinal
Page 3-44Federated States of Micronesia PRIME ProjectLabor Management Procedures

PRIME
Component

Component Description

Worker Classification
Contracted Workers
if engaged via a firm).

July 2021d)

Capacity Building Initiatives. Assess current preventive
maintenance techniques and industry capacity. Provide
technical trainings to sector agencies and local
consultants and contractors to better operate andregulate a more climate resilient road network.

Engagementofconsultants(Direct
Workers if engaged
individually;
and/orContracted Workers
if engaged via a firm).

e)Gender-informed Driver Licensing Pilot. A pilot
program to study and implement activities that address
gaps in the possession of a driver’s license.

Engagementofconsultants(Direct
Workers if engaged
individually;
and/orContracted Workers
if engaged via a firm).

f)Emerging Priority Issues. Providing technicalassistance to strengthen the Recipient’s capacity toaddress emerging priority issues that could have an
impact on the Recipient’s ability to manage a climate
resilient road network.

Engagementofconsultants(Direct
Workers if engaged
individually;
and/orContracted Workers
if engaged via a firm).

FinalPage 3-55Federated States of Micronesia PRIME ProjectLabor Management Procedures3.

Overview of Labor Use on the Project

3.1

Contractual Arrangements
A Project Implementation Unit (PIU) will be established within DoTC&I for the PRIME
Project (outlined in Section 5). All contracts with consultants, contractors and suppliers
will be signed by the DoTC&I Secretary with the administration and contract managementtasks of the contract being implemented by the PIU as their day to day responsibility. The
DoTC&I Secretary will sign off on all consultant and contractor invoices and authorize CIU
to make payments.

3.2

Categorization of the Workforce
Environment and Social Standard 2 (ESS2) categorizes project workers into four
categories, as shown in Table 3-1: ESS2 Worker Classifications and described in below.
Table 3-1: ESS2 Worker Classifications

Worker Classification

3.2.1

Description

Direct workers

People employed or engaged directly to work specifically in relation to theProject. These are individuals on short or long term contracts.
Para 8 of ESS2 states that government civil servants working in connection
with the Project, on either a full or part time basis, will remain subject to theterms and conditions of their existing public sector employment agreement or
arrangement unless there has been an effective legal transfer of theiremployment or engagement to the Project. ESS2 will not apply to suchgovernment civil servants, except for ESS2 provisions for protecting theworkforce and for occupational health and safety.

Contracted workers

People employed or engaged by third party contractors to perform work
related to core function of the Project, regardless of location. This includes
workers working for consulting firms and the civil works contractor’s
workforce.

Primary supply workers

People employed or engaged by the primary suppliers. Quarry workers willbe Primary Supply Workers.

Community workers

This category of workers is not expected to be engaged on the PRIME Projectand is not discussed in this LMP.

Direct Workers
In accordance with para 8 of ESS2, two types of direct workers will be engaged by the
Project:(i)“Direct workers – Government” (a term used for convenience to address civil
servants engaged on the Project); and(ii) “Direct workers – other”.
ESS2 applies partially to the first category: Direct workers – Government, and entirely tothe second category: Direct workers - other.
3.2.1.1

Direct workers – Government“Direct workers – Government” are civil servants engaged by DoTC&I PRIME PIU who will
work on either full time or part time on project development and implementation.
Government civil servants in the PIU, CIU, DoFA, DoTC&I or State Agencies who will work

July 2021

Final
Page 3-66

Federated States of Micronesia PRIME ProjectLabor Management Procedurespart time or full time on the Project will remain subject to the terms and conditions of their
existing employment agreements, with additional requirements to follow occupational
health and safety measures adopted by the Project (ESS2 paragraphs 24 to 30) as well as
measures to protect the workforce in terms of child labor and forced labor (ESS 2
paragraphs 17 to 20).
Government agency staff (DoTC&I, Kosrae Department of Transportation andInfrastructure (DoT&I); Pohnpei Office of Transportation and Infrastructure (T&I); Chuuk
Department of Transport and Public Works (DoT&PW); and Yap Department of Public
Works and Transportation (DoPW&T) are engaged under standard employment contracts
which set out terms of employment. The pro-forma contracts do not specify a minimum ageof employment; however, DoTC&I advises that no workers under the age of 18 will be
engaged or employed on the Project. Contracts make no reference to forced labor, but thecontracts are mutually agreed and therefore the work is voluntarily entered into.
Workers in the above agencies are subject to standard GoFSM pay and working conditions
and therefore fall outside the scope of ESS2 with the exception of OHS.
3.2.1.2

Direct workers – Other“Direct Workers – Other” are persons contracted to the Project on a full-time and part-timebasis for the Project by the DoTC&I, Secretary with the administration and contract
management tasks of the contract being implemented by the PIU as their day to day
responsibility. These workers are not FSM civil servants, and therefore are subject to therelevant provisions ESS2 and this LMP. This category includes the PIU Project Manager,
Project Officer and Project Assistant, and any other individuals directly contracted to theProject; along with specialist short term consultants appointed to undertake specific Project
activities include the development of training material or deliver training etc.

3.2.2

Contracted Workers
This category covers contracted workers engaged by the DoTC&I, Secretary with theadministration and contract management tasks of the contract being implemented by the
PIU as their day to day responsibility. The exact number, skill sets, and timing of required
Project contracted workers will only be determined once implementation begins anddesigns are completed. It is however expected that contract workers will be a mix of FSM
citizen/residents and outside contracted workers originating from a wide range of countries
and nationalities. This would increase the risk of labor influx, however would be managed
by the PIU and contracting company. This category includes the following:

3.2.3

•

Staff of construction company appointed to undertake civil works and construction
activities; and•Specialist consultant firms engaged to prepare engineering designs, environmental
and social assessments, develop training programs, materials or other technicalinputs to Project activities.

Primary Supply Workers
Primary supply workers are people employed or engaged by the Borrower’s primary
suppliers1. Quarries have been identified as the only primary suppliers for the Project.

1 Primary suppliers’ are those suppliers who, on an ongoing basis, provide directly to the project goods or materials

essential for the core functions of the project.

July 2021

Final
Page 3-77

Federated States of Micronesia PRIME ProjectLabor Management Procedures

Accordingly Quarry workers engaged on supplying the Project will be subject to paragraphs
39 – 42 of ESS2, which require among other things that:“As part of the environmental and social assessment, the Borrower will identify
potential risks of child labor, forced labor and serious safety issues which may arise
in relation to primary suppliers.”
In addition, ESS2 requires that:“Where a significant risk of child labor or forced labor is identified in relation toprimary supply workers, the primary supplier will be required to identify those risks
consistent with ESS2.”
ESS2 requires that the LMP shall:“set out roles and responsibilities for monitoring primary suppliers. If child labor orforced labor cases are identified, the primary supplier will be required to takeappropriate steps to remedy them.”
Finally, ESS2 adds that“where there is a significant risk of serious safety issues related to primary supply
workers, the relevant primary supplier will be required to introduce procedures andmitigation measures to address such safety issues. Such procedures and mitigation
measures will be reviewed periodically to ascertain their effectiveness.”
The above ESS2 requirements for Quarries as primary suppliers are addressed in:•Appendix B of this LMP (“Project OHS Management”); in particular Appendix B.5(“Quarry OHS Management”).

The contract entity will be expected to be responsible for contracting primary workers(quarries) and as such is responsible for the ensuring all primary workers (associated withquarries) and as such provide management oversight to ensure compliance with ESS2
requirements. The PIU will be responsible for screening information provided by the
primary supplier for compliance with ESS2 requirements as set out in Appendix B.5 of thisLMP. Such screening will address information obtained from primary suppliers at therequest of the Principal Contractor.

3.2.4

Community Workers
Community workers are not proposed to be engaged on Project-related activities.

3.3

Project Labor Requirements
Personnel engaged by the Project will comprise those set out in Table 3-2.
The exact number, skill sets, timing and disposition of required Project workers of all
categories including FSM and outside country nationalities will only be determined once
implementation begins and designs are completed.
All Project workers will be required to sign a Code of Conduct (Appendix C) which outlines
acceptable behaviour for the workers and their role, including reference to workforcerelated Gender Based Violence, Sexual Exploitation and Abuse and Sexual Harassment(SEA/SH).

July 2021

Final
Page 3-88Federated States of Micronesia PRIME ProjectLabor Management Procedures

Table 3-2: Personnel to be engaged on the Project

Category under
ESS2

Reference Draft
PAD &consultation with
DoTC&I PIU

Type of workers
likely to be engaged

Direct workers

DoTC&I / PIU staff.

Contractual
staff
engaged by DoTC&I
PIU for the purposes of
the Project.

Individual
consultants
appointed
tosupportProject
activities.

Contracted
workers

Civil works andlarge equipment.
Consultant
firms
providing technicaladvisory services.

July 2021

Key Identified Labor Risks••

Contractors engaged
forconstruction
activities.
Consultants engaged
by a firm, contracted toprovidetechnical
advisory services.

Terms of employment (employment
period, remuneration, tax andinsurance payments etc.) set out in
ESS2 not secured by contractual
agreements.
Workers suffer discrimination andlack of equal opportunity inemployment.

•

Risks of workplace accidents, or
emergencies, i.e., occupational
health and safety (OHS).

•

Sexual Exploitation and Abuse andSexual Harassment (SEA/SH),
Gender Based Violence (GBV) andViolence Against Children (VAC) byworkers to workers and community.

•

Terms of employment (ESS2) not
secured by contractual agreements.

•

Workers suffer discrimination andlack of equal opportunity inemployment.

Final

Mitigation Measures•

Contractual terms to specify employment period,
remuneration, tax and insurance payments etc.
covered under DoTC&I contracts.

•

Procurement processes are transparent and reflectequal opportunity employment pursuant to the FSM
Labor Code.

•

Verify that all personnel are aged 18 or over prior tocontract signing.

•

OHS measures to be implemented as set out inAppendix B of this LMP Appendix (“Project OHSManagement”) for Direct workers.

•

Codes of Conduct (CoC), including SEA/SH are
signed by all Direct workers - See Appendix C of thisLMP.

•All Direct workers receive CoC awareness training
prior to undertaking Project activities.

•

Provide access to Worker Grievance Mechanism(GM) (refer Section 7) for any workplace, contractualor pay and working condition concerns including
GBV, SEA and VAC.

•

Borrower to ensure contracts for construction
workers include details on pay and working
conditions in line with FSM law and ESS2
requirements.

•

Contractual terms for construction contractors tospecify employment period, remuneration, tax and9Federated States of Micronesia PRIME ProjectLabor Management Procedures

Category under
ESS2

Direct workers Government

Primary Supply
Workers

July 2021

Reference Draft
PAD &consultation with
DoTC&I PIU

Type of workers
likely to be engaged

Key Identified Labor Risks•

Use of child labor contravenes
national legislation and international
conventions ratified by FSM.

•

Risks of workplace accidents, or
emergencies (OHS).

•SEA/SH, GBV and VAC to workers
and community.

FSM civil servants
working either fulltime or part time on
Project
development andimplementation.

Government
civil
servants in the PIU,
CIU,
DoFA,
PSC
DoTC&Ior
State
Agencies(including
FSM DoFA, Kosrae
DoT&I; Pohnpei Officeof Transportation andInfrastructure(T&I);
Chuuk DoT&PW); andYap DoPW&T), working
part time or full time on
the Project).

•

Health of safety incident related tolimited understanding andimplementation of OHS
requirements leading to injury ornear miss.

•Non-compliance with child laborand minimum age; and forced labor
provisions of ESS2.

Supplies derived
from local quarries.

Quarry workers will bePrimary
SupplyWorkers.

•

Non-compliance with child laborand minimum age; and forced labor
provisions of ESS2.

Final

Mitigation Measuresinsurance payments etc., covered under DoTC&I
contracts.
•

DoTC&I to verify that all personnel are aged 18 orover prior to contract signing. CoC, including
SEA/SH, are signed by all Contracted workers – refer
Appendix C of this LMP.

•

All contracted workers receive CoC awarenesstraining prior to undertaking Project activities.

•

OHS measures to be implemented as set inAppendix B of this LMP (“Project OHSManagement”).

•

Ensure workers have access to Contractor GM for
any workplace, contractual or pay and working
condition concerns including SEA/SH, GBV and VAC.

•OHS measures to be implemented as set out inAppendix B of this LMP (“Project OHSManagement”). DoTC&I procedures ensure relevant
ESS2 requirements other than OHS are met.

•

Mutual agreement between workers and governmenton the management of any additional workrequirements (e.g., weekend work). This would beconsistent with the public sector employment
regulations.

•

Minimum age, forced labor provisions and OHS
measures to be implemented as set out in Appendix
B of this LMP (“Project OHS Management”); in

10Federated States of Micronesia PRIME ProjectLabor Management Procedures

Category under
ESS2

Reference Draft
PAD &consultation with
DoTC&I PIU

Type of workers
likely to be engaged

Key Identified Labor Risks•

July 2021

Health of safety incident related tolimited understanding andimplementation of OHS
requirements leading to injury ornear miss.

Final

Mitigation Measures

particular Appendix B.5 (“Quarry OHSManagement”).

11Federated States of Micronesia PRIME ProjectLabor Management Procedures

4.

Brief Overview of Labor Legislation: Terms andConditions

4.1

General
FSM’s national laws, incorporating its Constitution and Annotated Code 2014 (The Code),
provide some important protections safeguarding employees’ labor and working
conditions. These include Constitutional prohibitions on slavery and involuntary servitude,a guarantee of equal protection under the law, freedom from discrimination on various
grounds, and freedom of expression and association. Further, the prohibition since 2012of human trafficking under Title 11 (Crime) of the Code is a significant development.
However, there are many areas where FSM’s national laws are inconsistent withinternational standards and ESS2 including laws and practice regarding child labor. The
FSM national and state counterpart governments have recently initiated programs toaddress these issues and as such are developing appropriate laws and regulations toenable these issues to be managed, whilst providing community awareness,understanding and reporting management actions. The recent introduction of antitrafficking laws, human (and child) trafficking, commercial sexual exploitation and forcedlabor remain a work in progress and will require additional activities and community
acceptance to ensure these issues are address effectively in practice. Likewise,
discrimination and harassment in employment, particularly of women and persons with adisability, requires further government management and public awareness.
While FSM has ratified some international human rights treaties bearing on labor andworking conditions, including Convention on the Elimination of All Forms of Discrimination
Against Women (CEDAW), Convention on the Rights of the Child (CRC), Convention on
the Rights of Persons with Disabilities (CRPD) and the Convention on the Suppression of
the Trafficking in Persons and of the Exploitation of the Prostitution of Others, it has not
ratified any International Labor Organization (ILO) Conventions to date. This currently
creates an international governance gap in the FSM compared to many other Pacific Island
nations with which the World Bank Group operates, which in most cases at a minimum,
have ratified the core ILO Conventions. The lack of any ILO oversight of, and accounting
for, labor and working conditions in FSM exacerbate the risks and challenges for the WorldBank Group and its borrowers operating projects in FSM. However, the understanding ofthese issues and the internal management of these issues at both the national and statelevel , greatly reduces this risk to a manageable level with the full understanding andcommitment that the banks standards will be maintained.
There are no trade unions currently operating in FSM, and no laws dealing specifically withtrade unions, the right to collective bargaining, or anti-union discrimination. The absenceof workers’ organizations has not diminish the Government accountability for workers’
rights and as such greatly reduces any potential risks for the World Bank Group and its
borrowers operating there.

4.2

FSM Workers Rights Legislation
FSM has national legislation that outlines worker’s rights.
The Code of the FSM 2014 edition Title 51 Labor chapter III Hiring of Non Residential
Workers (pages 131-139) sets out various requirements of workers including the need toJuly 2021

Final

12

Federated States of Micronesia PRIME ProjectLabor Management Procedures

hold work visas by foreign (other than USA) contractors and workers including fly-in fly-out
consultants who are restricted by the 30 day entry visa limit, unless previously arranged.
No other Labor Legislation constraints apply to workers potentially engaged on Project
activities.
The Labor Code (last updated in 2014) outlines hiring of non-resident workers, labor
development, and other requirements.
The Code requires:a. Non-resident workers to obtain health certificates, and have a minimum of two
years of related work experience;b. Any benefits provided to non-resident construction workers, such as housing,transport, etc. will also be provided to any national contractor who is required toleave their principal place of residence for work;c. Applications for foreign workers are needed, unless the foreign workers will be in
the country less than 90 days; andd. Minimum employment conditions outlined in the Code apply to all foreign workers.
e. Title 52 (Public Employment) provides for a grievance mechanism under the
regulations whereby public service employees (or a group of employees) can raisecomplaints re: their working conditions, status, pay, and related matters, forhearing and adjudication. In doing so, the regulations provide those employees
must be free from coercion, discrimination, and reprisals and that they may haverepresentatives of their choice: sub chapter 144. Public sector employees are
subject to national legislation, which is consistent with ESS2. However, for nonpublic sector employees, there is no internal grievance procedure mandated undernational law.

4.3

Relevance of GoFSM Employment Conditions to ESS2
Freedom of Association and the Right to Collective Bargaining: Although FSM law
does not specifically provide for the right of workers to join a union, under the constitution
citizens have the right to form or join associations, and the FSM Public Employment Code2014 provides that national government employees by law can form associations to“present their views' to the government without being subject to coercion, discrimination,or reprisals. No workers, including foreign workers, were prohibited from joining unions.
No law deals specifically with trade unions or with the right to collective bargaining. Thereis no specific right to strike, but no law prohibits strikes.
Prohibition of Forced or Compulsory Labor. The constitution prohibits forced orcompulsory labor.
Prohibition of Child Labor and Minimum Age for Employment. National and State laws
do not establish a minimum age for employment of children.
Acceptable Conditions of Work. The FSM Public Employment Code 2014 addresses the
public services system and sets out various provisions for the employment conditions of
FSM public service employees including development of regulations for grievancemechanisms. The FSM Labor Code 2014 focuses on Trust Territory citizen workers being
given preference in employment in occupations and industries in the Trust Territory, andthat the public interest requires that the employment of noncitizen workers in such

July 2021

Final

13

Federated States of Micronesia PRIME ProjectLabor Management Procedures

occupations and industries not impair the wages and working condition of Trust Territory
workers.
As noted above, “Direct workers – Government” are required under ESS2 to only follow
occupational health and safety measures adopted by the Project (ESS2 paragraphs 24 to30); as well as measures to protect the workforce in terms of child labor and forced labor(ESS 2 paragraphs 17 to 20). The following evaluation applies to these matters as theyaffect “Direct workers – Government” on the PRIME Project.

4.3.1

Child Labor and Forced Labor
The regulatory approach in regard to child labor and forced labor is addressed asfollows:
Table 4-1: Regulatory approach to child and forced labor

Labor Type

4.3.2

Regulatory Approach

Child Labor

ESS2 Paragraph 17 states that the labor management procedures will specify theminimum age for employment or engagement in connection with the Project, which
will be the age of 14 unless national law specifies a higher age.
ESS2 Paragraph 19 states that a child over the minimum age and under the age of
18 will not be employed or engaged in connection with the Project in a manner thatis likely to be hazardous.
DoTC&I advise that anyone under the age of 18 will not be employed or engaged on
Project-related activities.

Forced Labor

Paragraph 20 of ESS2 proscribes the use of Forced labor defined as any work orservice not voluntarily performed that is exacted from an individual under threat offorce or penalty.
Procurement procedures followed on the Project involve voluntary application forcontract positions. Therefore, ESS2 Paragraph 20 does not apply.

Occupational Health and Safety
There is minimal Occupational Health and Safety (OHS) legislation in FSM. For all potential
Project based OHS risks, DoFA CIU has adopted World Bank Group EHS Guidelines forall staff and contractors.
The Public Employment Code (2014) requires that workers exposed to hazardous working
conditions are paid 25% more. The Project is not likely to expose workers to hazardous
working conditions.
A widely cited Supreme Court Decision (Amayo v. MJ Co., 10 FSM Intrm. 244, 250 (Pon.
2001)) sets out that:“a general contractor in control of a structure or premises owes to its employees andemployees of any other contractor rightfully thereon a duty to exercise ordinary care
to keep the structure or premises in a safe condition for their use”.
No law exists for either public or private sector workers to remove themselves fromdangerous work situations without jeopardy to their continued employment.
Contractors engaged on construction works will be required to comply with OHS
requirements as set out in Appendix B of this LMP (“Project OHS Management”).
Other Project workers will similarly be subject to OHS requirements in accordance with
Appendix B of this LMP (“Project OHS Management”).

July 2021

Final

14

Federated States of Micronesia PRIME ProjectLabor Management Procedures

5.

Roles and Responsibilities

5.1

Institutional Responsibilities and Structures
The responsibility to implement all commitments for any works specific ESIAs/ESMPs
prepared will be distributed between the Project relevant implementing agencies incollaboration with National, State and Municipal Government Officials.
As noted below, a PRIME PIU will be established within DoTC&I. All contracts with
consultants, contractors and suppliers will be signed by the DoTC&I Secretary with theadministration and contract management tasks of the contract being implemented by the
PIU as their day to day responsibility. The DoTC&I Secretary will sign off on all consultant
and contractor invoices and authorize CIU to make payments.
During Project implementation, the DoFA Centralized Implementation Unit (CIU)
Safeguards Team will assist DoTC&I with the environmental and social aspects (which will
include OHS-related oversight in accordance with the relevant ESCP, LMP and ESMF
requirements).
The relevant institutional structures to be either utilized (for existing institutions) or
established for the PRIME Project including roles and responsibilities are shown in Figure
5-1 and described below.

Figure 5-1: Implementation arrangements for the PRIME Project.

July 2021

Final

15

Federated States of Micronesia PRIME ProjectLabor Management Procedures

5.1.1

Coordination among the National and State Governments andDepartments
FSM will implement the Project through the DoTC&I as the Implementing Agency (IA).
In implementing the Project, the DoTC&I IA will work closely with the national Departmentof Finance and Administration (DoFA) and the four State Governments, including Kosrae
Department of Transportation and Infrastructure (Kosrae DoT&I); Pohnpei Office ofTransportation and Infrastructure (Pohnpei T&I); Chuuk Department of Transport andPublic Works (Chuuk DoT&PW); and Yap Department of Public Works and Transportation(Yap DoPW&T).
In particular, as the PRIME Roads fall under the jurisdiction of the relevant State
Governments, Project Implementation Agreements (PIAs) with each of the States will be
required to help govern the PRIME activities in each State, with one PIA for each of thefollowing groups:(a) National DoTC&I, Kosrae State Government and Kosrae DoT&I;(b) National DoTC&I, Pohnpei State Government and Pohnpei T&I;
(c) National DoTC&I, Chuuk State Government, and Chuuk DoT&PW; and(d) National DoTC&I, Yap State Government, and Yap DoPW&T.
PIAs will be executed prior to the commencement of Project activities under Component 2
to ensure clarity and agreement between all relevant parties on implementation roles andresponsibilities.
As each road authority is under its respective State’s control and to ensure good technicalcoordination, focal points will be appointed in each State to work on and manage day-today PRIME activities associated with its land transport sector and to liaise with the National
DoTC&I.
Within the National GoFSM, DoTC&I has a Project Management Unit (PMU) that has
responsibility for the delivery of Overseas Development Assistance funded infrastructure
projects (including the World Bank, Asian Development Bank, United States Federal
Aviation Administration, People’s Republic of China and the United Nations) with the
exception of energy (managed by the Department of Resources and Development) andtelecommunications (managed by the DoTC&I Communications Division). The primary
focus of the PMU is on program management with day-to-day project management tasksdeferred to project implementation units.
The DoTC&I Secretary will sign off on all consultant and contractor contracts and invoices
and authorize CIU to make payments.
A PRIME PIU will be established within DoTC&I with responsibility for administration andcontract management tasks associated with contracts.
During Project implementation, the DoFA Centralized Implementation Unit (CIU)
Safeguards Team will assist DoTC&I with the environmental and social aspects.
Both the CIU and DoTC&I are existing units and are familiar with WB ESF and projectspecific environmental and social risk management instruments from their experienceswith other WB-funded projects.

July 2021

Final

16

Federated States of Micronesia PRIME ProjectLabor Management Procedures

5.1.2

PIU Implementation Support
The PIU will coordinate the implementation of the PRIME Project with DoTC&I
management, DoTC&I PMU, DoFA CIU, PIU State Focal Points, and the State transport
agencies (including FSM DoFA, Kosrae DoT&I; Pohnpei T&I; Chuuk DoT&PW; and Yap
DoPW&T) in a manner that is to be set forth in the PIAs that outlines the roles of eachorganization. The PIU will also be responsible for preparing and implementing the Projectin accordance with annual work plans and budgets which will detail the Project’s activities
and eligible expenditures. The PIAs will clarify, among other things, the necessary stateand intra-government cooperation and support necessary for the Project.
The PIU will have overall supervision of LMP implementation. Labor and OHS risk
management will also be the responsibility of the PIU, supported by the CIU Safeguards
Team. The PIU is currently developing/finalizing the projects overall budget which will
include suitable funds to ensure the availability of an appropriate budget for LMP
implementation.

5.1.3

CIU Implementation Support
The already established CIU within the DoFA, the PRIME Project Executing Agency (EA),
is a functional unit that supports the implementation of the WB portfolio and includes anenvironmental and social safeguards team.
In order to provide strong and efficient support throughout FSM, the CIU provides support
to core implementation functions needed for all WB portfolio projects in FSM including, but
not limited to, procurement, financial management, social and environmental safeguards,
monitoring and evaluation, as well as outreach and communications. The CIU teammembers responsible for these functions report to the CIU Program Manager and provide
services and hands on support to the PRIME Project Implementing Agency (i.e., DoTC&I)
for preparation, implementation and capacity building activities. Project implementation
responsibilities however remain with the IA (DoTC&I).
CIU specialists will undertake the following activities relevant to the LMP in assisting the
DoTC&I:

5.1.4•

Undertake periodic checks for compliance with LMP along with other E&S risk
management instruments;•

Review TOR and contracts for compliance with matters raised in the LMP;•

Have an overview role for the LMP Grievance Mechanism (GM) process; and•Will assist DoTC&I with monitoring matters covered in Contractors’ Labor GM and
OHS.

Project Steering Committee
To ensure the four States are adequately represented in decision making process, a
Project Steering Committee (PSC) will be established and chaired by DoTC&I. Recent
experience from the existing FSM Maritime Investment Project (FSMIP) suggests that
ensuring the appropriate representation of all parties in the Project Steering Committee(PSC) will be critical for success. The FSMIP PSC structure could be considered.
The Secretary of DoFA will be a member, along with a member appointed by the Governorof each of the four States.

July 2021

Final

17

Federated States of Micronesia PRIME ProjectLabor Management Procedures

The PSC will provide general oversight and policy direction to PRIME Project stakeholders
during Project implementation, convene key stakeholders in the event of disagreement andperiodically review Project progress. In respect of matters raised in the LMP, the PSC will
provide high level oversight and will provide the final Project-related determination within
the Project in the event of disagreement.

July 2021

Final

18

Federated States of Micronesia PRIME ProjectLabor Management Procedures

6.

Project-Related Labor Policies and Procedures

6.1

Terms and conditions of employment
Terms and conditions of direct workers are determined by their individual contracts. All the
recruiting procedures will be documented and filed by CIU or PIU in accordance with therequirements of ESS2. Generally, forty hours per week employment will be practiced,
although there will in some cases be temporary or short term contracts. Requirements andconditions of overtime and leave entitlements will be agreed as part of individual contracts.
Applies to “Direct Workers – Other”. Direct Workers – Government will remain subject tothe terms and conditions of their existing employment agreements, with additional
requirements to follow occupational health and safety measures adopted by the Project aswell as measures to protect the workforce in terms of child labor and forced labor.

6.2

Age of employment
FSM has not ratified the ILO Minimum of Age Convention (C138) and the ILO Worst Formsof Child Labor Convention (C182). However, DoTC&I have confirmed that workers younger
than 18 years of age will be not engaged on the Project. DoTC&I and PIU will monitor
compliance with this undertaking
During the recruitment process, all successful applicants (direct and contracted) will be
asked to produce identification documents (ID) such as birth certificates, passports,
driver’s license or other valid method such as copies of academic certificates,
testimony/affidavits from officials of the schools attended, a medical examination,statements from family members and parish/village officials/local authorities. Oncesatisfied the worker is aged 18 years or over, the person is eligible for engagement.
Monitoring minimum age requirements for Primary Supply Workers is addressed in Section
3.2.3 above.
Copies of the IDs and documents pertaining to the successful applicant's age and othersupporting materials will be filed by the PIU.

6.3

Sexual Exploitation, Abuse & Sexual Harassment
Gender-based violence (GBV) rates are high in FSM and women are vulnerable totrafficking, illegal sex work, unwanted pregnancies, harassment and violence. Imported
and transient workforces such as those required for the construction industry are known tocontribute to these issues. For women in FSM there are multiple barriers to having equal
opportunities as well as a life free from violence and coercion. Priority areas of the GoFSM
national gender planning include addressing female unemployment and a gender-stratified
labor market, teenage pregnancy, violence against women and girls and limited access tojustice and protection for women.
Sexual Exploitation and Abuse (SEA) and Sexual Harassment (SH) is prevalent in FSM
with approximately one in three women (32.8%) having experienced physical and/or sexual
violence by an intimate partner in their lifetime.
A specific SEA and SH Grievance Mechanism including pathways and direct contacts atthe national and states will be developed by the CIU Safeguard team in conjunction withproject team and relevant sectors and be incorporated into the existing GM for the PRIME
Project. The development of this action is expected to be completed during the latter part

July 2021

Final

19

Federated States of Micronesia PRIME ProjectLabor Management Proceduresof 2021. Once cleared by the WB team the updated GM will be disclosed and used for the
project. Awareness and understanding training will be delivered to ensure fullunderstanding.
The “Direct Workers – Other” Grievance Mechanism (Section 7.2 includes reference toharassment which includes sexual harassment and abuse.
In addition, Direct and Contracted Project workers will be required to engage in a Code of
Conduct process as set out in Appendix C of this LMP2. This will include awareness ofrisks associated with and measures to avoid SEA and SH and GBV.

6.4

Occupational Health and Safety
All Project workers will be subject to OHS requirements in accordance with Appendix B ofthis LMP (“Project OHS Management”).

6.5

Workers’ rights to refuse unsafe work environments
Workplace processes will be put in place for Project workers to:Ø report work situations that they believe are not safe or healthy.
Ø remove themselves from a work situation which they have reasonable justification tobelieve presents an imminent and serious danger to their life or health.
Ø [For those who remove themselves from such situations] not be required to return towork until necessary remedial action to correct the situation has been taken.
Ø Not be retaliated against or otherwise subject to reprisal or negative action for suchreporting or removal.
The ability of workers to refuse unsafe work environments is covered in Appendix B of thisLMP (“Project OHS Management”).

2 Note: The Project CoC is not applicable for Primary Supply Worker and Direct Workers (Government) pursuant

to ESS2.

July 2021

Final

20

Federated States of Micronesia PRIME ProjectLabor Management Procedures

7.

Worker’s Grievance Mechanism

7.1

Direct Workers – Government
The FSM Public Employment Code 2014 addresses the Public Services System and setsout provisions for development of regulations for grievance mechanisms. These
regulations set out a grievance process for state workers. Appendix A provides a summaryof relevant excerpts from the public service regulations that would apply and outlines theprocess to lodge a grievance and to seek a resolution.
Labor Grievance Mechanism for Direct Workers – Government will use Dispute Resolution
provisions embodied in their respective contracts based on the FSM National public service
regulations.
In summary for all grievances the first step will be the lodgment of the grievance (written
or verbal) to the CIU Program Manager, whom will within 2 weeks provide a response andseek resolution. If a resolution cannot be attained or agreed by the claimant then the CIU
Program Manager may request the DoFA Secretary to review the complaint and seek aresolution OR it is registered and will be managed through the FSM National public service
provisions as detailed in Appendix A. All illegal activities will be directly reported to the
Police and/or Department of Justice and managed accordingly.

7.2

Direct Workers – Other
Direct Workers - Other will have access to the Project Labor Grievance Mechanism
applying to Direct workers on FSM World Bank Projects falling under the WB ESF as set
out below. This category includes the PIU Project Manager, Project Officer, Project
Assistant and any other individuals engaged on the Project.
The Labor Grievance Mechanism will be available to Direct Workers – Other for raising
workplace related concerns including about the terms of employment, rights at work,
unsafe or unhealthy work situations, among others. Table 7-1 provides a summary of theprinciples and procedures for all workers to file a grievance.

7.3

Contracted Workers
All contracts will be required to include workers having access to a Grievance Mechanism
and will use the principles outlined in table 7-1. All contracts as part of the FSM standard
development process will be assessed by the CIU team, the safeguard team will ensure allcontracts are aligned and compliant with ESS2 requirements.

7.4

Notification
During employee induction, Direct Workers - Other will be advised that there is a Labor
Grievance Mechanism where workers can raise complaints and have them processed.
Moreover, the PIU Manager (or nominee) will provide contact information and provide alocation where Direct Worker - Other and Contracted Workers can log their complaints.
There will also be a notice at the Implementing Agency office at all times explaining theLabor Grievance Mechanism and providing contact details.

July 2021

Final

21

Federated States of Micronesia PRIME ProjectLabor Management Procedures

Table 7-1: Labor Grievance Mechanism

Step

Process1.

Lodgment and initial informal process

2.

3.

•

Managers and Workers are encouraged to use informal methods of resolving disagreements
or disputes.

•

If Workers have a reasonable grievance or complaint regarding their work or the people, theywork with they should, wherever possible, start by talking it over with their manager. It may
be possible to agree a solution informally between the Worker and the manager.

•

If discussions with line managers fail to resolve the issue, it is still possible to pursue an
informal approach without triggering a formal procedure. For example, an independent senior
FSM Government official could host an informal meeting or discussion.

•

Grievances from new employees about recruitment practices will typically need to be madeto the GoFSM via the DoTC&I PMU.

Formal grievance hearing•

If the matter is serious and/or the worker wishes to raise the matter formally, the Worker
should set out the grievance in writing to the DoTC&I PMU Program Manager and/or CIU
Program Manager. This submission should be factual and avoid language that is insulting or
abusive.

•

The DoTC&I PMU Program Manager will then call the Worker and the Worker’s LineManager (or representative) to a meeting to discuss the Worker’s grievance within apredetermined period of time [nominally 3 weeks] after receiving the complaint.

•

The Worker has the right to be accompanied by a colleague at this meeting on request.

•

After the meeting, the DoTC&I PMU Program Manager will give the Worker minutes of themeeting signed by both parties and a decision in writing, within a predetermined period oftime [nominally 4 weeks].

Appeal to Secretary of Implementing Agency in which Worker is embedded•

If the Worker is not satisfied with the above decision, the worker may appeal the decision to
the DoTC&I Secretary of the Implementing Agency in which the Worker is embedded.

•

The Secretary will consult with the Chief Secretary’s office in relation to the appeal on the
Grievance.

•

The Secretary will then call the Worker to a meeting to discuss the worker’s grievance withina predetermined period of time [nominally 3 weeks] after receiving the complaint.

•

The Worker has the right to be accompanied by a colleague at this meeting on request.

•

After the meeting, the Secretary will give the Worker minutes of the meeting signed by bothparties and a decision in writing, within a predetermined period of time [nominally 4 weeks].

•

The above decision is final within the terms of GoFSM internal grievance mechanism which
is deemed to cease at this stage. However, the Worker retains the ability to refer thecomplaint or grievance to the court for arbitration within the laws of FSM.

Note: For grievances concerning workplace GBV, SEA/SH or VAC, survivors will be referred toappropriate SEA/SH Grievance Mechanism currently being developed by the DoFA Centralized
Implementation Unit (CIU) for implementation during for the PRIME Project.
This process will be reviewed and confirmed during Worker Code of Conduct awareness sessions,
including disclosure options to ensure accountability, confidentiality and sensitivity.

July 2021

Final

22

Federated States of Micronesia PRIME ProjectLabor Management Procedures

Appendix A FSM Government Grievance Summary

July 2021

Final

Federated States of Micronesia PRIME ProjectLabor Management Procedures

The following provides a summary of relevant Grievance excerpts from FSM public service
regulations.
PART 15GRIEVANCES

15.1.
Employee Coverage.
employees.

The Public Service Grievance System covers all Public Service System

15.2.
Grievance Coverage.
The grievance system will cover any matter of concern or dissatisfaction toan eligible employee. [except the following:]a.

[An adverse action appealable under Part 18.]b.

[A fitness-for-duty examination.]c.

[The content of published Government policy.]d.
Non-selection for appointment, promotion, or reassignment from a group of properly ranked andcertified candidates.
e.

[Disapproval of a merit increase, performance award, or other kind of honorary discretionary award.].

15.3.
By Whom Presented. A grievance may be presented by an individual employee or by a group of
employees acting jointly. For the purposes of this part, the word “employee” shall be understood to refer also
to group of employees acting jointly. An employee has the right to be assisted by a representative of his choicein submitting a grievance.
15.4.

Grievance Procedure.

a.
Grievance may be presented either orally or in writing. An employee may present a grievanceconcerning a continuing practice or condition at any time. If his grievance is related to a particular act or
occurrence, he must present it within [fifteen] calendar days of the date of that act or occurrence or the datewhen he became aware of it.
b.
An employee shall ordinarily present a grievance first to his immediate supervisor. If the employee
believes that he has a valid reason for not taking the grievance to his immediate supervisor, or if his immediate
supervisor so authorizes, he may submit his grievance to a supervisory or management official of higher rank
than the employee’s immediate supervisor. It the employee believes that he has a valid reason for not taking
the grievance to any official in his agency, or if his grievance is not settled to his satisfaction by officials in his
agency, he shall submit his grievance to the [Personnel officer] Director of the Office of Administrative Services
or his designee. The action of the [Personnel Officer] Director of the Office of Administrative Services shall befinal unless the [Personnel Officer] Director of the Office of Administrative Services himself authorized referralof the grievance to another official.
15.5.
Obligation of Supervisors and Management Officials. Supervisors and other management officials
have an obligation and a solemn duty to accept an employee’s grievance and to act promptly, fairly, and ingood faith in the issue or issues presented in the grievance. They also have the obligation to abstain from any
restraint, interference, or reprisal against employees and their representatives who are exercising the right topresent grievances. It is not enough for an official to abstain from overt threats or interference. He must also
refrain from making any statement or taking any action that has the appearance of a threat, interference, or
intimidation.

July 2021

Final

Federated States of Micronesia PRIME ProjectLabor Management Procedures

Appendix B Project OHS Management

July 2021

Final

Federated States of Micronesia PRIME ProjectLabor Management Procedures

Introduction
This Appendix sets out details of OHS management relating to Project activities in terms of roles of the
CIU and the various categories of project workers - Direct workers, Direct workers (Government),
Contracted workers and Primary Supply workers.

Roles
B.2.1

Central Implementation Unit
The CIU Safeguards Team will be responsible for:
•
•
•
•
•
•

Oversight of the health and safety and other related activities of Project workers as set out in this
LMP;
Review of draft bid documents;
Review of contractor and primary supplier’s tender responses;
Review and clearance of contractor CESMP;
Training State reps in how to supervise OHS onsite on a daily basis; andConducting periodic on-site visits to monitor and supervise progress.

All CIU Project activities will be undertaken in conjunction and cooperation with the PIU.

B.2.2

Direct Workers
Direct workers are DoTC&I / PIU staff and individual consultants engaged by DoTC&I PIU for the
purposes of the Project.
Direct workers will be subject to Project-specific OHS requirements set out in Section B.4.2.

B.2.3

Direct Workers (Government)
Direct workers (Government) are FSM civil servants working either full-time or part-time on Project
development and implementation. This category includes Government civil servants in the PIU, DoFACIU, DoTC&I PMU, PSC, or State agencies (including Kosrae DoT&I; Pohnpei T&I; Chuuk DoT&PW;
and Yap DoPW&T), working part-time or full-time on the Project).
Direct workers (Government) will be subject to OHS requirements set out in Section B.4.3.

B.2.4

Contracted Workers
Contracted workers fall into two categories:(i) Consultant firms providing technical advisory services. Consultants engaged by a firm,
contracted to provide technical advisory services – Section B.4.4.1.
(ii) Civil works and large equipment Contractors engaged for construction activities – Section
B.4.4.2.

B.2.5

Primary Supply Workers
Workers engaged in quarry operations providing primary supplies to the Project.

July 2021

Final

Federated States of Micronesia PRIME ProjectLabor Management Procedures

Occupational Health and Safety Management Framework
B.3.1

Scope and Objective
This Occupational Health and Safety (OHS) framework applies to ALL categories of Project worker.
The objective of Project OHS management is to ensure that the health and safety of workers and thecommunity is protected and that appropriate OHS measures will be incorporated into the design andimplementation of the project to prevent and protect workers from occupational injuries and illness.
This Framework takes into account the provisions of the World Bank Group’s Environmental, Health,and Safety (EHS) Guidelines (April 2007) together with the relevant Industry Sector EHS Guidelines
available at www.ifc.org/ehsguidelines. For this project, the particular scope of OHS provisions in eachcase will depend on the nature and severity of the hazards, risks, and impacts; and the types of workers
involved.

B.3.2

Components of Project OHS Framework
The following general principles are relevant to maintaining worker health and safety.
Implementation responsibilities in respect of the project are set out in Section B.4 - in general thetasks are the Principal Contractor and/or the employer of workers, with CIU providing support for Direct
Workers and Direct Workers (Government).

Identification and Assessment of Hazards
Establish and maintain effective methods for:•

Systematically identifying existing and potential hazards to employees and the community;•

Systematically identifying, at the earliest practicable time, new hazards to employees and thecommunity; and•Regularly assessing the extent to which a hazard poses a risk to employees and the community.

Management of Identified Hazards
Apply prevention and control measures to control hazards which are identified and assessed as posing
a threat to the safety, health or welfare of employees and the community, and where practicable, thehazard shall be eliminated. The following preventive and protective measures must be implemented
order of priority:•

Eliminating the hazard by removing the activity from the work process;•Controlling the hazard at its source through engineering controls;•

Minimizing the hazard through design of safe work systems; and•Providing appropriate personal protective equipment (PPE).

One option available for the application of prevention and control measures to occupational hazards is
to adopt comprehensive job safety analyses (JSA) or similar formal screening process.
Job safety analysis (JSA) is a process involving the identification of potential health and safety hazards
from a particular work activity and designing risk control measures to eliminate the hazards or reduce
the risk to an acceptable level. JSA’s or equivalent systematic process must be undertaken for all
discrete project activities, particularly site visits or field-work (including where there may be no
designated worksite),such that the risks can be readily identified and appropriate risk management
measures designed. This Framework includes a template for a JSA (Section B.6 below).
July 2021

Final

Federated States of Micronesia PRIME ProjectLabor Management Procedures

The results of such analyses should be reviewed by a trained person in the PIU/CIU and outcomes
prioritized as part of an action plan based on the likelihood and severity of the consequence of exposure
to the identified hazards.

Training, awareness and supervision
All reasonably practicable steps must be taken to provide to workers (in appropriate languages) thenecessary information, instruction; training and supervision to protect each worker's health and to
manage emergencies that might reasonably be expected to arise in the course of work. Training andsupervision extends to the correct use of PPE (if appropriate to worker activities) and providing workers
with appropriate incentives to use PPE.
Workers will receive OHS induction training when they commence work, and thereafter on a regular (atleast annual) basis and when changes are made in the workplace. Training must cover the relevant
aspects of OHS associated with daily work, including the ability to stop work without retaliation insituations of imminent danger.
Induction training will be directed at ensuring all new workers are apprised of the basic site rules of workat / on the site and of personal protection and preventing injury to fellow employees. Training should
consist of basic hazard awareness, site-specific hazards, safe work practices, and emergency
procedures for fire, evacuation, and natural disaster, as appropriate. A typical induction checklist is set
out as follows.
Visitors to worksites must be provided with a site induction prior to entering and must be escorted at all
times while on site. This induction must include details of site hazards, provision of necessary PPE andemergency procedures. Visitors should not be permitted access to areas where hazardous conditions
or substances may be present, unless appropriately inducted.
Records of the training will be kept on file.
On the following page is a suggested format to be used for the projects induction checklist.

July 2021

Final

Federated States of Micronesia PRIME ProjectLabor Management Procedures

Workplace Induction Checklist
Organisation name:
Employee name:

Position/job title:

Employment start date:

Supervisor/manager:

This workplace
I have been shown/introduced to:c
My supervisor/managercOther employeesc
Key jobs, tasks and responsibilitiescWork area, toilets, eating and drinking facilitiesc
Where to make phone calls and collect messages
Employment conditions
I know about:cWork times and meal breakscRates of pay and how payment is madec
Leave entitlementcSick leave and who to call if I’m sick
Health and safety
I have been shown:c
How to do my job safely, including the use of guards and other safety equipmentc
The safety signs and what they meanc
How to safely use, store and maintain safety equipmentc
How to safely use, store and maintain equipment, machinery, tools and hazardous substances
I know:ccc

My responsibilities as an employee
Who my health and safety representatives are
Where health and safety information is kept

Hazards
I know:
c
c
c
c
c
c

The hazards in my workplace
The controls for these hazards
How to report hazards
Where records of hazards are kept
The procedures for working safely
I will receive the results of personal health monitoring

Emergencies
I am familiar with:c
The location of the emergency exitsc
The location of the fire extinguishersc
The evacuation procedurec
The first-aid kit and its locationc
Who can provide first-aid (if applicable)
My assembly area is:
My emergency wardens are:Incidents and injuries
I know:c
To report injuries, near hits and misses and early signs of discomfort and how to report themcWhere incident/injury forms are keptc
Who I report tocReports will be investigated and I will be informed of the results
Signed by worker:
Signed by Manager:

July 2021

Final

Federated States of Micronesia PRIME ProjectLabor Management Procedures

Reporting Protections
Workplace processes will be provided by the Principal Contractor or employer for all Project workers toreport work situations that they believe are not safe or healthy. Project workers can remove themselvesfrom a work situation which they have reasonable justification to believe presents an imminent andserious danger to their life or health. Project workers who remove themselves from such situations will
not be required to return to work until necessary remedial action to correct the situation has been taken.
Project workers will not be retaliated against or otherwise subject to reprisal or negative action for suchreporting or removal.

General duty of workers
Each worker shall:•

Take all reasonable care to protect their own and fellow workers health and safety at theworkplace and, as appropriate, other persons in the vicinity of the workplace;•

Use PPE and other safety equipment supplied as required;•Not use PPE or other safety equipment for any purpose not directly related to the work for which
it is provided; and•Make supervisors aware of any injury occurring in the workplace.

Supervisors to ensure immediate response to injury and ensure injury is medically treated as necessary.

Personal Protective Equipment
Personal Protective Equipment (PPE) provides additional protection to workers exposed to workplace
hazards in conjunction with other facility controls and safety systems.
Table B.3-1 below presents general examples of occupational hazards and types of PPE available fordifferent purposes.
Table B.3-1: Priority Actions, responsibilities and timing

July 2021

Objective

Workplace Hazards

Suggested PPE

Eye and faceprotection

Flying particles, molten metal,
liquid chemicals, gases orvapors, light radiation.

Safety Glasses with side-shields, protective
shades, etc.

Head protection

Falling objects, inadequate
height clearance, and overhead
power cords.

Plastic Helmets with top and side impact
protection.

Hearing protection

Noise, ultra-sound.

Hearing protectors (ear plugs or earmuffs).

Foot protection

Falling or rolling objects, pointed
objects. Corrosive or hot liquids.

Safety shoes and boots for protection
against moving & falling objects, liquids andchemicals.

Hand protection

Hazardous materials, cuts orlacerations, vibrations, extreme
temperatures.

Gloves made of rubber or synthetic materials(Neoprene), leather, steel, insulating
materials, etc.

Heat / Sunprotection

Extreme heat, or prolonged
exposure to the sun

Wide brimmed hat, long sleeved short, long
sleeved pants, etc

Respiratory
protection

Dust, fogs, fumes, mists, gases,
smokes, vapors.

Facemasks with appropriate filters for dust
removal and air purification (chemicals,

FinalFederated States of Micronesia PRIME ProjectLabor Management Procedures

Objective

Workplace Hazards

Suggested PPE
mists, vapors and gases). Single or multigas personal monitors, if available.

Oxygen deficiency

Portable or supplied air (fixed lines).
On-site rescue equipment.

Body/leg protection

Extreme temperatures,hazardous materials, biologicalagents, cutting and laceration.

Insulating clothing, body suits aprons etc. of
appropriate materials.

Recommended measures for use of PPE in the workplace include:•

Active use of PPE if alternative technologies, work plans or procedures cannot eliminate, or
sufficiently reduce, a hazard or exposure;•

Identification and provision of appropriate PPE that offers adequate protection to the worker,
co-workers, and occasional visitors, without incurring unnecessary inconvenience to theindividual;•

Proper maintenance of PPE, including cleaning when dirty and replacement when damaged orworn out. Proper use of PPE should be part of the recurrent training programs for Employees;
and•Selection of PPE should be based on the hazard and risk ranking described earlier in this section
and selected according to criteria on performance and testing established.

Those persons responsible for site activities (employers, contractors) shall:•

Provide, maintain, and make accessible to workers the PPE necessary to avoid injury anddamage to their health;•Take all reasonably practicable steps to ensure that workers use that PPE in the circumstances
for which it is provided; and•Make provision at the workplace for PPE to be cleaned and securely stored without risk ofdamage when not required.

The application of prevention and control measures to occupational hazards should be based oncomprehensive job safety analyses (JSA) or similar systematic approach. The results of these analyses
should be prioritized as part of an action plan based on the likelihood and severity of the consequenceof exposure to the identified hazards.

Monitoring
Occupational health and safety monitoring should be part of the OHS management and verify theeffectiveness of prevention and control strategies. The selected indicators should be selected on thebasis of screened OHS risks for each site, and should be representative of the most significant
occupational, health, and safety hazards, and the implementation of prevention and control strategies.
Subject to the outcome of OHS screening, the OHS monitoring program should include:
Safety inspection, testing and calibration: This should include regular inspection and testing of all
safety features and hazard control measures focusing on engineering and personal protective features,
work procedures, places of work, installations, equipment, and tools used. The inspection should verify
that issued PPE continues to provide adequate protection and is being worn as required.

July 2021

Final

Federated States of Micronesia PRIME ProjectLabor Management Procedures

Surveillance of the working environment: Employers should document compliance using anappropriate combination of portable and stationary sampling and monitoring instruments. Monitoring
and analyses should be conducted according to internationally recognized methods and standards.
Surveillance of workers health: When extraordinary protective measures are required (for example,
against hazardous compounds), workers should be provided appropriate and relevant healthsurveillance prior to first exposure, and at regular intervals thereafter.
Training: Training activities for employees and visitors should be adequately monitored anddocumented (curriculum, duration, and participants). Specific training, and/or certification (including
evidence of certification) should be provided for certain tasks and activities (e.g., working at height,
enclosed spaces etc) as required. Emergency exercises, including fire drills, should be documented
adequately.
Accidents and Diseases monitoring: The employer should establish procedures and systems forreporting and recording:•Occupational accidents and diseases.

•

Dangerous occurrences and incidents.

These systems should enable workers to report immediately to their immediate supervisor any situation
they believe presents a serious danger to life or health (Section B.3.2.4).
All reported occupational accidents, occupational diseases, dangerous occurrences, and incidents
together with near misses should be investigated with the assistance of a person knowledgeable andcompetent in occupational safety. The investigation should:

B.3.3

•

Establish what happened.

•

Determine the cause of what happened.

•

Identify measures necessary to prevent a recurrence.

Priority Actions
Priority actions, responsibilities and timing are outlined in Table B.3-2.
Table B.3-2: Priority Actions, responsibilities and timing

TargetInitial screening of Project workplaces to indicate
likely level of OHS Risk
Develop OHS management procedures
appropriate to scale of OHS risk at each
workplace (and cleared by CIU pre-start); to
include:Ø identification,assessment
andmanagement of hazards (including JSA);Ø training and supervision;Ø reporting protections;Ø general duties of employees;
Ø documentation;
Ø training and awareness;
Ø PPE;
Ø monitoring.
July 2021

Final

Person Responsible

TimingCIU

Prior to works commencing

Contractor (for Civil construction
workplaces)
OR
Employer/PIU/CIU for other
Project-related workplaces

Civil work places - Prior toconstruction
OR(For other categories of
workplaces) Prior to workers
commencing work

Federated States of Micronesia PRIME ProjectLabor Management Procedures

TargetPerson Responsible

Timing

PIU based on information
obtained by contractor

Prior to procurement of supplies
from quarry

Ensure all staff and contractors are aware of
OHS Management procedures and are briefed
on those procedures during induction.
Primary Suppliers (quarries) assessed as
significant OHS risk to develop Quarry OHS
procedures as set out in Section B.5 of this LMP

Worker-specific OHS Management
B.4.1

OHS Activity Classification
The management of OHS risk needs to be appropriate/proportionate for the scale of the risk. Thismeans risks with potentially significant consequences (e.g., chronic ill-health, serious injury, death)
may require more effort and resources to determine the most effective way to eliminate/minimise
the risk.
The indicative risk associated with particular project workers will inform the level of detail required inparticular OHS Management Plans.
Project workers fall into two broad categories – whether they are largely office-based or whether they
are construction-based which includes use of machinery and plant.

B.4.2

Direct Workers
Direct workers comprise DoTC&I / PIU staff and individual consultants engaged by DoTC&I PIU, andwill largely be office-based, but will undertake site visits or field trips from time to time. DoTC&I andPIU (with the support of CIU) will be required to develop OHS-related worker induction (see Section
B.3.2.3), hazard identification and risk management procedures around workplace hazards such as
a.
b.
c.
d.
e.

Tripping
Falls
Ergonomics
Workplace bullying3“Out of office” hazards such as
i.
ii.
iii.
iv.
v.

Driving
Field work
Meetings
Travel in boats
Working with aircraft

For office-based workplaces, a hazard checklist will be used (as detailed below)
All identified hazards are to be recorded on a hazard register which also sets out the significance of
hazards and the practicable steps (elimination, isolation or minimization) taken to control them. An
example Hazard Register is set out below.
Controls are to be monitored as required, and the CIU is to review the hazard register annually.

3 Verbal, physical, social or psychological abuse by another person or group of people at work

July 2021

Final

Federated States of Micronesia PRIME ProjectLabor Management Procedures

OFFICE HAZARD CHECKLISTDivision:

Checked By:

Business Unit:

Date:

Location:
Consider all the tasks required to produce an outcome from each office-based section of the organization.
Job Design

Comments

Ø Has each job been designed to provide a variety of tasks
throughout the day in terms of physical and mental workload?
Ø Are highly repetitive tasks (such as keying) performed for morethan 2 hours at any one time?
Ø Are tasks that require a high level of concentration performed formore than 2 hours at any one time?
Ø Are employees trained to vary tasks and postures throughout theday?
Ø How are individuals given feedback regarding their work
performance?
LightingØ Is there sufficient lighting for the performance of tasks?
Ø Are employees able to control incoming natural light? e.g., close
blindsØ Is artificial lighting causing reflections from work surfaces?
Ø Do employees have tired, sore or irritated eyes at the end of a day?

Comments

Noise

CommentsØØØØIs noise a problem in the workplace?
Is it difficult to hear a normal voice within 1 meter distance?
Are there distracting or disruptive noises in the area?
How well do screens or partitions control noise?

Manual HandlingØ Are there objects that require pushing, pulling, lifting, lowering,
carrying, holding or moving and do these actions requireconsiderable physical effort or force to complete?
Ø Are there large, awkward or heavy objects to be handled?
Ø Are these objects handled more than once every 5 minutes?
Ø Is handling required more than 5 times per hour over a day?
Ø Is handling performed below mid-thigh height or above shoulder
height?

Office Layout
CheckØ Is there sufficient space for tasks to be carried out?
Ø Is there sufficient space for the equipment and the operator?
Ø Is there sufficient space for light, intermediate and busy foot traffic?
Ø Is there sufficient circulation space around each workstation?
Ø Are there separate areas for tasks that require dedicated space?
Ø Is there a separate area for photocopying?

July 2021

Final

Comments

Comments

Federated States of Micronesia PRIME ProjectLabor Management ProceduresWorkstations
CheckØ Is there sufficient space at the workstation for documents to be
spread out within easy reach?
Ø Is there easy access to equipment such as telephone andkeyboard?
Ø Is there adequate and safe height adjustability of work surfaces?
Ø Are workstations and equipment set up to reduce awkward
postures?
Ø Are standing workstations suitable for a range of users?
Ø Is there sufficient desk width and depth for the tasks carried out?
Ø Are there provisions for sitting at this workstation where shortperiod of continuous work are required?
Ø Are the chairs stable when sitting down and standing up?
Ø Are the chairs adjustable for different users? Are the visitors’ chairs
adequate for the number and type of visitors?
Ø Are the receptionist’s chairs adjustable from the seated position?
Ø Are the reception chairs used by multiple operators?
Ø Do the keyboard operator chairs provide support and comfort to allindividual operators?
Ø Are these chairs adjustable in height and backrest angle fromseated? What degree of adjustability -- is it suitable?
Ø Is there a need for foot rests?
Ø Are document holders provided?
Ø Are staff trained to adjust their workstation furniture ?
Storage

Comments

Comments

Ø Is there sufficient general storage space for the office?
Ø Is there sufficient storage space at each workstation?
Ø Is storage space suitably designed to be within easy reach (that is,
between shoulder and mid- thigh height)?
Ø Are steps available for reaching higher shelves? Is there sufficientspace around storage areas to enable easy and safe access?
Visual Display Units
Ø Is the computer screen size adequate for the task being
performed?
Ø Is the force required to press the keys too high or too light?
Ø Is there adjustability for the screen brightness?
Ø Is there adjustability of the screen height?
Ø Is there a keyboard rest that frees up desk space for other tasks?

Check

Comments

Copying Equipment

Check

Comments

Ø Is there adequate copying equipment, in good working order, for
the work required?
Ø Are copier lids intact and functioning to reduce exposure to intenselight?
Ø Are self-contained toner cartridges supplied in a sealed state?
Ø Are procedures for the use and maintenance of copying equipment
adequate, in place and in use?

July 2021

Final

Federated States of Micronesia PRIME ProjectLabor Management Procedures

How frequently are safety procedures reviewed?
Hazardous SubstancesØ Is there concern regarding hazardous substances such as paint,
glues and cleaning chemicals?
Ø Are there noticeable fumes in the air?
Ø Do any work processes use or generate dust, smoke, fumes orgases?
Ø Are there any hazards in the office known to be toxic, corrosive,
flammable or explosive?

Comments

Housekeeping

Comments

Ø Are the floors of all offices and passageways, corridors, storerooms
or stairways:-

•
•
•
•

kept free from obstruction
properly maintained
covered with non-slip material

adequately illuminated?
Ø Does management ensure that all equipment is regularly serviced
and maintained to manufacturers specifications?
Ø Has management developed a system for immediately fixing faulty
equipment?
Ø Are all filing cabinets, cupboards, stable – for example, attached to
the wall or floor to prevent them falling over?
Ø Are filing cabinets and cupboards located clear of doors, corridors
and frequently used passages?
Ø Are sharp corners of furniture and other fittings situated so as to
avoid a hazard to people passing them?
Electrical Connections
Ø Is the use of power boards or extension cords minimized?
Ø Are electrical cords and connections inspected regularly?
Ø Are all electrical cords in as-new condition?
Ø Are all appliances in use suitable and in good condition
Workplace bullying
Ø Are there any records of workplace bullying?

CommentsØComments

Ø Have measures been established to prevent or respond to
workplace bullying?

Out of office” hazards
Ø Are any workers engaged in the following activities as part ofproject-related work?
§
Driving§
Field work§
Meetings§
Travel in boats§
Working with aircraftØ If the answer to the above question is yes then have risk

management plans for each sub-activity been prepared?

July 2021

Final

Comments

Hazard Register
HazardPracticable toeliminate

Significant

Practicable toisolateAll practicable steps tominimise

Y

N

Y

N

Y

N

Y

N

Y

N

Y

N

Y

N

Y

N

Y

N

Y

N

Y

N

Y

N

Y

N

Y

N

Y

N

Y

N

Y

N

Y

N

Y

N

Y

N

Y

N

Y

N

Y

N

Y

N

Y

N

Y

N

Y

N

Y

N

Y

N

Y

N

Y

N

Y

N

Y

N

Y

N

Y

N

Y

N

Y

N

Y

N

Y

N

Y

N

Y

N

Y

N

Y

N

Y

N

Y

N

Y

N

Y

N

Y

N

Y

N

Y

N

Y

N

Y

N

Y

N

Y

N

Y

N

Y

N

Controls required (including Person
existing)
responsible

Date to becompleted byCompleted (dateand initials)

Federated States of Micronesia PRIME ProjectLabor Management Procedures

B.4.3

Direct Workers (Government)
Direct workers (Government) are FSM civil servants working either full-time or part-time on
Project development and implementation. This category includes Government civil servantsin the PIU, CIU, DoFA, PSC DoTC&I or State agencies (including FSM DoFA, Kosrae DoT&I;
Pohnpei T&I; Chuuk DoT&PW; and Yap DoPW&T), working part-time or full-time on the
project)
Direct workers (Government) are generally will be subject to the same OHS procedures set
out in Section B.4.2 of this LMP in regard to project-related activities including site visits.

B.4.4

Contracted Workers
Contracted Workers fall into two categories:ØConsultant firms providing technical advisory services; andØContractors engaged on civil works involving large equipment and plant

Consultant Firms
Consultants engaged to provide technical advisory services are generally office based andwill be subject to the OHS procedures set out in Section B.3.2 of this LMP OR Consultant
may provide and be subject to their own internal OHS plans if, and subject to approval by
CIU, the internal plans cover those matters set out in Section B.3.2.

Civil Works Contractors
Contractor Bid Documentation
OHS clauses from Appendix D of this LMP are to be incorporated in DoTC&I bid documents
for all contracted works.
Principal Contractor OHS Management
The Principal Contractor will be subject to the OHS procedures set out in Section B.3.2 ofthis LMP OR the Principal Contractor may provide and apply their own internal OHS plans
if, subject to approval by CIU, the internal plans cover those matters set out in Section B.3.2.
Subcontractor OHS Management
Subcontractor OHS oversight will be the responsibility of the Principal Contractor.
The objectives of Sub-Contractor OHS Management are:
1. To outline the relationship between the Contractors in the PRIME project; and2. To outline the methods by which the Principal Contractor, will assure the production ofquality deliverables from each of its subcontractors and primary suppliers and assure
environmental, social and health and safety risk mitigation measures are implemented
by all parties.
The approach to Subcontractor OHS management is based on the following guiding
principles which shall be included in contract documentation between the Principal
Contractor and the Subcontractor:
a. Effective channels of communications clearly defined and established;b. A Statement of Work relating to OHS management responsibilities will be developed
jointly by the Principal Contractor with each Subcontractor;
July 2021

Final

Federated States of Micronesia PRIME ProjectLabor Management Proceduresc. OHS responsibilities will be consistent with Section Section B.3.2 of this LMP;
d. Each Subcontractor will have its OHS responsibilities clearly identified and describedin the Statement of Work;e. All OHS constraints imposed on the Subcontractor will be clearly identified in theStatement of Work;f.

Each subcontract will contain appropriate terms and conditions relating to OHS
management;

g. Subcontractors will clearly identify persons responsible for OHS management in theirorganization;h. Each sub-contractor organization will have a single point of contact with the Principal
Contractor for OHS matters. Subcontractors are expected to identify their own single
point of contact for OHS matters;i.

Each Subcontractor organization will have a single point of contact with the Principal
Contractor for OHS matters. The Subcontractors are expected to identify their own
single point of contact for OHS matters;j.

Where a significant risk of child labor or forced labor is identified in relation to
Subcontractor’s operations, the Subcontractor will be required to identify those risks,and shall set out steps to remedy those risks; andk. The Principal Contractor must be kept aware of any OHS child labor or forced labor
issues arising.
Training and awareness of all staff and contractors on the Project GM, Labor GM andrelevant OHS Subcontractor management is to be undertaken by the Principal Contractor
during induction and through the Project (e.g., weekly toolbox meetings) as necessary.

B.4.5

Primary Supply Workers (Quarries)
Workers engaged at quarries to provide rock and aggregate material for the project will beconsidered as Primary Supply Workers under the terms of this LMP.
As set out in Section 3.2.3 of the LMP, the requirements under ESS2 for primary suppliers
relate to risks of child labor, forced labor and serious safety risks.
When sourcing raw materials and goods from primary suppliers, the Principal Contractor will
require such suppliers to identify the risk of child labor/forced labor and serious safety risks
in producing the project materials.
The PIU supported by the CIU will review and if acceptable, certify that in the opinion of
PIU/CIU purchase of primary supplies from the suppliers will be consistent with therequirements of ESS2. Such certification shall follow a risk identification/assessment, basedon information provided by the Principal Contractor and any other relevant due diligence(such as review of licenses for quarries).
Where appropriate, the Principal Contractor will include specific requirements on childlabor/forced labor and work safety issues in all purchase orders and contracts with primary
suppliers.
If there is a risk of child labor/forced labor and/or where there is a significant risk of serious
safety issues related to the primary supply work, the PIU supported by the CIU will require

July 2021

Final

Federated States of Micronesia PRIME ProjectLabor Management Procedures

Contractor to in turn require the primary supplier to take appropriate steps to remedy or
mitigate those issues. Such mitigation measures will include matters set out in Section B.5of this LMP.
Mitigation measures and performance will be monitored by the Contractor on a monthly basis
to ascertain their effectiveness.
Where the mitigation measures are found to be ineffective, the PIU on the advice of the CIU,
will require the Principal Contractor to, within a reasonable period, shift the project’s primary
suppliers to suppliers that can demonstrate that they are meeting the relevant requirements.

Quarry OHS Management
The following sections provide guidance on OHS management for quarries which:(1)

Act as primary suppliers for the project; and(2)Which have been identified as having a significant risk of serious safety issues.

Prior to acceptance by the PIU/CIU of any quarry procurement by any contractor, any quarry
meeting the above criteria should demonstrate to the satisfaction of PIU/CIU, compliancewith OHS mitigation measures as follows. These measures are based around the WorldBank Group’s Environmental, Health, and Safety (EHS) Guidelines (April 2007) available atwww.ifc.org/ehsguidelines – with particular reference to the WB Construction Materials
Extraction EHS Guidelines.
a.

Definition of effective channels of communications;b.

Definition of effective OHS responsibilities and authorities;c.

Project-related purchasing order and/or project-related contract to contain appropriate terms
and conditions relating to OHS management;d.

Clear identification of persons responsible for OHS management;e.

Where a significant risk of child labor or forced labor is identified in relation to primary supplier
operations, the primary supplier shall to identify those risks, and shall set out steps to remedy
those risks;f.

Mechanisms to ensure Principal Contractor and CIU are kept aware of any OHS child laboror forced labor issues arising;g.

Training and awareness of all primary supply workers on OHS provisions during induction
and through the term of the primary suppliers relationship with the Project (e.g., weekly
toolbox meetings) as necessary; andh.

Specific OHS controls over identified operational areas, including use of mitigation measures
as suggested below:
RESPIRATORY HAZARDS§ Excavators, dumpers, dozers, wagon-drills, and other automated equipment that
requires an operator equipped with air conditioned, dustproof, and soundproof cabs;
and§ Use of personal breathing protection (e.g., masks, respirators).

July 2021

Final

Federated States of Micronesia PRIME ProjectLabor Management Procedures

NOISE§ Workers may be exposed to excessive noise levels during quarrying activities (e.g.,
shoveling, ripping, drilling, blasting, flame-jet cutting, transport, crushing, andgrinding, among others); and§ Refer guidance on the management of noise is provided in the WB General EHS
Guidelines.
PHYSICAL HAZARDS§ Implementation of specific personnel training on work-site safety management;§ Implementation of geological–geotechnical monitoring programs;§ Accurate assessment of the work site by rock scaling of each surface exposed toworkers to prevent accidental rock falling and /or landslide, especially after blasting
activities;§ Adoption of natural barriers, temporary railing, or specific danger signals along rockbenches or other pit areas where work is performed at heights more than 2 m fromground level; and§ Maintenance of yards, roads, and footpaths, providing sufficient water drainage andpreventing slippery surfaces with an all-weather surface, such as coarse gravel.
MACHINE / EQUIPMENT USE SAFETY§ Use of proper drill benches or wagon drills, avoiding portable and hand-held drilling
equipment;§ Use of hydraulic jacks and cushions for block splitting or block shifting;§ Use of hydraulic breakers or hammers to avoid plaster blasting; and§ Use of properly protected wire cutting machines and / remote-control devices.
EXPLOSIVES§ A consistent blasting schedule, minimizing blast-time changes;§ Specific warning devices (e.g., horn signals and flashing lights) and procedures
implemented before each blasting activity to alert all workers and third parties in thesurrounding areas (e.g., local communities). Warning procedures include traffic
limitation along local roadways and railways;§ Specific personnel training on explosives handling and safety management;§ Blasting-permit procedures implemented for all personnel involved with explosives(e.g., handling, transport, storage, charging, blasting, and destruction of unused or
surplus explosives); and§ Blasting sites checked post-blast by qualified personnel for malfunctions andunexploded blasting agents, prior to resumption of work.

July 2021

Final

Federated States of Micronesia PRIME ProjectLabor Management Procedures

Job Safety Analysis (JSA)
Add Organisation Name:
Ref:

Version:Business details
Business name:Contact person:

Address:

Contact position:

Contact phone number

Contact email
address:

Job Safety Analysis details
Work activity:

Location:

Who are involved in the activity:

This job analysis has been authorized by:

Plant and equipment used:

Name:

Maintenance checks required:

Position:.............................................................................................................

................................................................................................................

Signature:..........................................................................................................

Tools used:
Date:
Materials used:
Personal protective equipment:
Certificates, permits and/approvals
required
Relevant EHG Guideline, codes,
standard MSDSs etc. applicable tothis activity

July 2021

Final..................................................................................................................

Federated States of Micronesia PRIME ProjectLabor Management Procedures

JSA – Action steps
Step
No

July 2021

Job step details

Risk
rating**Potential hazards

Final

How to control risks***

Name of persons
responsible for work

Federated States of Micronesia PRIME ProjectLabor Management Procedures

Review number:

Version:

Review number:

Version:This job safety analysis has been developed through consultation with our employees and has been read, understood and signed by all employees
undertaking the works:
Print Names:

Review No

Signatures:

01

02

03

Dates:

04

Initial:
Date:

July 2021

Final

05

06

07

08

Federated States of Micronesia PRIME ProjectLabor Management Procedures

Appendix C Code of Conduct

July 2021

Final

Federated States of Micronesia PRIME ProjectLabor Management Procedures

Applicability – This Code of Conduct applies to:
Direct Workers - DoTC&I / PIU staff and individual consultants engaged by DoTC&I PIU;
andContracted Workers - consultant firms providing technical advisory services; and contractors
engaged on civil works.

We are the Contractor/Employer, [enter name of Contractor/Employer]. We have signed a contract with
DoTC&I for [enter description of the Works]. These Works will be carried out at [enter the Site and otherlocations where the Works will be carried out]. Our contract/employment conditions require us to implement
measures to address environmental and social risks related to the Works, including the risks of sexual
exploitation and abuse and gender-based violence.
This Code of Conduct is part of our measures to deal with environmental and social risks related to theWorks.
It applies to all our staff, laborers and other employees at the Works Site or other places wherethe Works arebeing carried out. It also applies to the personnel of each subcontractor and any other personnel assisting us
in the execution of the Works. All such persons are referred to as “Contractor/Employer’s Personnel” and are
subject to this Code of Conduct.
This Code of Conduct identifies the behavior that we require from all Contractor/Employer’s Personnel.
Our workplace is an environment where unsafe, offensive, abusive or violent behavior will not be tolerated andwhere all persons should feel comfortable raising issues or concerns without fear of retaliation.
REQUIRED CONDUCTContractor/Employer’s Personnel shall:
1.

carry out his/her duties competently and diligently;

2.

comply with this Code of Conduct and all applicable laws, regulations and other requirements, including
requirements to protect the health, safety and well-being of other Contractor’s Personnel and any otherperson;3.

maintain a safe working environment including by:a. ensuring that workplaces, machinery, equipment and processes under each person’s control are safe
and without risk to health;b. wearing required personal protective equipment;c. using appropriate measures relating to chemical, physical and biological substancesand
agents; andd. following applicable emergency operating procedures.

4.

report work situations that he/she believes are not safe or healthy and remove himself/herself from a work
situation which he/she reasonably believes presents an imminent and danger to his/her life or health;5.

treat other people with respect, and not discriminate against specific groups such as women, people withdisabilities, migrant workers or children;6.

not engage in any form of sexual harassment including unwelcome sexual advances, requests for sexual
favors, and other unwanted verbal or physical conduct of a sexual nature with other Contractor’s or
Employer’s Personnel;

7.

not engage in Sexual Exploitation, which means any actual or attempted abuse of position of vulnerability,
differential power or trust, for sexual purposes, including, but not limited to, profiting monetarily, sociallyor politically from the sexual exploitation of another. In Bank financed projects/operations, sexual
exploitation occurs when access to or benefit from Bank financed Goods, Works, Consulting or Nonconsulting services is used to extract sexual gain;

July 2021

Final

Federated States of Micronesia PRIME ProjectLabor Management Procedures

8.

not engage in Rape, which means physically forced or otherwise coerced penetration—even if slight —of
the vagina, anus or mouth with a penis or other body part. It also includes penetration of the vagina oranus with an object. Rape includes marital rape and anal rape/sodomy. The attempt to do so is known asattempted rape. Rape of a person by two or more perpetrators is known as gang rape;9.

not engage in Sexual Assault, which means any form of non-consensual sexual contact that does not
result in or include penetration. Examples include: attempted rape, as well as unwanted kissing, fondling,or touching of genitalia and buttocks not engage in any form of sexual activity with individuals under theage of 18, except in case of pre-existing marriage;

10. complete relevant training courses that will be provided related to the environmental and social aspects of

the Contract, including on health and safety matters, and Sexual Exploitation, and Sexual Assault (SEA);
11. report violations of this Code of Conduct; and12. not retaliate against any person who reports violations of this Code of Conduct, whether to us or the

Employer, or who makes use of the [Project Grievance [Redress] Mechanism].
RAISING CONCERNS
If any person observes behavior that he/she believes may represent a violation of this Code of Conduct, orthat otherwise concerns him/her, he/she should raise the issue promptly using the Project Grievance Redress
Mechanism process.
The person’s identity will be kept confidential, unless reporting of allegations is mandated by the country law.
Anonymous complaints or allegations may also be submitted and will be given all due and appropriate
consideration. We take seriously all reports of possible misconduct and will investigate and take appropriate
action. We will provide warm referrals to service providers that may help support the person who experienced
the alleged incident, as appropriate.
There will be no retaliation against any person who raises a concern in good faith about any behavior prohibitedby this Code of Conduct. Such retaliation would be a violation of this Code of Conduct.
CONSEQUENCES OF VIOLATING THE CODE OF CONDUCT
Any violation of this Code of Conduct by Contractor/Employer’s Personnel may result in serious
consequences, up to and including termination and possible referral to legal authorities.
FOR CONTRACTOR/EMPLOYER’S PERSONNEL:
I have received a copy of this Code of Conduct written in a language that I comprehend. I understandthat if I have any questions about this Code of Conduct, I can contact [enter name ofContractor/Employer’s contact person with relevant experience in handling gender-based violence]
requesting an explanation.
Name of Contractor/Employer’s Personnel: [insert name]Signature:Date: (day month year):Countersignature of authorized representative of the Contractor/Employer:
Signature:Date: (day month year):

July 2021

Final

Federated States of Micronesia PRIME ProjectLabor Management Procedures

Appendix D Civil Works Contractor – Occupational
Health And Safety Clauses

July 2021

Final

Federated States of Micronesia PRIME ProjectLabor Management Procedures

General – Preparation of Contractor’s OHS Procedures
The Contractor must prepare OHS procedures, to be cleared by the client prior to works
starting, which includes the following:•

Occupational Health and Safety Management procedures (refer to Appendix B of the
LMP for details).

•

Identification of staff responsible for, health and safety management, complaints
management and reporting to the client.

•

Risk register documenting the site-specific and project specific risks.

•

Training plan and training records relating to OHS.

Community and Worker Health and Safety
Site-specific mitigation to be inserted in the bid documents:•

The Contractor shall at all times implement all reasonable precautions to preventand reduce accidents and injuries to staff and workers and protect the health andsafety of the community.

•

The Contractor shall prepare and implement an OHS management procedures
commensurate with the identified health and safety hazards at the construction site/sand it shall include activities related to construction (such as the transportation ofmaterials and working in road easements).

•

The Contractor shall at all times provide and maintain construction plant, equipment
and systems of work that are safe and without risks to health. This shall include
maintaining equipment, engines, and related electrical installations in good working
order; maintaining a clean and tidy workspace; providing safe and exclusion barriers(e.g., guards and rails), signage, and lighting; providing work site rules, safe working
procedures and allocating appropriate places to carry out the work.

•

The Contractor shall provide, at his/her own expense, the protective clothing andsafety equipment (Personal Protective Equipment - PPE) to all staff and labor
engaged on the Works to the satisfaction of the PIU. Such clothing and equipment
shall include, as a minimum:oHigh visibility vests for workers directing traffic;oProtective boots, gloves and hard hat for the workforce undertaking
excavation works; andoSun protection (e.g., hat, long sleeved shirt/pants etc).

If the Contractor fails to provide such clothing and equipment, the PIU has the rightto issue a stop work notice until the Contractor has provided the suitable equipment.

July 2021•

The Contractor shall, before commencing work, conduct an induction course with all
relevant workers on environmental management and safety and health at the site.
The information and training shall be on the site and have duration of at least twohours.

•The Contractor shall prepare and implement a Traffic Management Plan (TMP) to
ensure that any traffic and/or pedestrian hazards caused by the works are
FinalFederated States of Micronesia PRIME ProjectLabor Management Procedures

adequately managed. Special emphasis needs to be placed on the management ofpedestrian movements and access through all work sites, including considerations
for the elderly and youth (i.e., children).
••

The Contractor shall adopt the following for workers working at height, in addition to
FSM and state regulations:oThe area around which elevated work is taking place should be barricaded
to prevent unauthorized access. Working under other personnel should be
avoided;o

Hoisting and lifting equipment should be rated and maintained and operators
trained in their use. Elevating platforms should be maintained and operated
according to established safety procedures that include such aspects as
equipment and use of fall protection measures (e.g., railings), movement oflocation only when the lift is in a retracted position, repair by qualified
individuals, and the use of effective locks to avoid unauthorized use byuntrained individuals;oLadders should be used according to pre-established safety procedures
including proper placement, climbing, standing, and the use of extensions,as outlined in the Contractors OHS procedures.

oImplementation of a fall protection program that includes training in climbing
techniques and use of fall protection measures; inspection, maintenance,and replacement of fall protection equipment; and rescue of fall-arrested
workers, among others; andoEstablishment of criteria for use of 100 percent fall protection (typically whenworking over 2 meters (m) above the working surface, but sometimes
extended to 7 m, depending on the activity).

The Contractor shall implement confined space entry management procedures
where workers will be entering confined spaces (if required), which are to be outlinedin the Contractors OHS procedures.

Worker Accommodation•

All workers shall be provided with safe and healthy accommodation, with potabledrinking supply, running water, septic tank or reticulated wastewater collection andtreatment, separate sleeping quarters (with separation of washrooms, bedrooms andtoilets for men and women), and access to recreation areas / facilities. No newworkers camps or worker accommodation facilities will be constructed (permanently
or temporarily) for the workforce.

Worker Code of Conduct

July 2021•

All workers shall be required to sign and adhere to a Code of Conduct CoC) preparedby the Contractor (refer Appendix C of this LMP), relating to worker behavior to
avoid harm to community members, including reference to Gender Based Violence(GBV), Sexual Exploitation and Abuse and Sexual Harassment (SEA/SH).

•

Training will be provided to outline appropriate behavior and implications fornonconformance and general awareness of SEA/SH, along with general awarenessof the Grievance Mechanism (GM) for SEA/SH.
Final

Federated States of Micronesia PRIME ProjectLabor Management Procedures

July 2021

Final