Key Updates on RBA 8.0.1.pdf Ver 2025

Key Updates on RBA 8.0.1.pdf Ver 2025

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  PR HR PDec 2024 This document describes the changes from V7.0.0 to V8.0.1 This content is made by PR HR P, for reference only. General V7.0.0 V8.0.1 RBA VAP Operations Manual Audit vs Auditor Auditee Terminology changes RBA VAP Standard V8.0.1 – Jan 2024 Assessment vs Assessor Reviewee Each large item will be divided into many small items. Eg: A1, A2, A3… Each element of the RBA code of conduct is presented in this document covering the following elements: • Policy: The high-level minimum items and objectives that should be included in a policy and the goals the company is aiming to accomplish. • Procedures & Practices: Refer to established methods and actions followed within an organization to ensure consistency and efficiency in various operational aspects. • Controls & Monitoring: Refer to the processes and systems in place to oversee, regulate, and track activities, ensuring compliance with established standards and objectives. • Records: key information that should be created and retained. • Leading Practices: Items which go beyond the current RBA Code requirements. • Serious Conditions: Situations to ensure do not occur and/or are not present due to the high risk of adverse impact to rights holders. No clear statement 2.1 Documentation With regard to documenting a policy, procedures, control steps, or other documents, facilities do not need to have a separate policy or procedure for each item in this document.” No statement 2.5 Small and Medium Sized Enterprises For 250 people or smaller enterprises documentation may be less formal: fewer written directions and records. However, policies and procedures still need to be well understood and consistently followed by staff and workers.” E6 & E7: “The training/communication programs will be evaluated on a regular basis not exceeding 3 years or sooner if there is a Significant Change” 2.6 Communication and training A communication and training plan, with periodic refreshing should occur.”
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  PR HR PDec 2024 Section A. Labor Protocol V7.0.0 Protocol V8.0.1 V8.0.1 Text Material change A1 A1 Participants shall maintain documentation on all leaving workers. a. Personnel files for all workers are maintained and include: i. All versions of employment contract / agreement ii. All items to ensure regulatory compliance. iii. They are maintained with appropriate access and retention controls (on and/or off site) and confidentiality to protect privacy. iv. Documentation on their leaving conditions and end of contract of workers v. Workers’ documentation must be retained for at least 12 months or as required by law whichever is longer. New Conformance requirement: Participants shall maintain documentation on all leaving workers. iv. Documentation on their leaving conditions and end of contract of workers v. Workers’ documentation must be retained for at least 12 months or as required by law whichever is longer. A1 A1 e. Verbal explanation to workers of the key components of the employment conditions in the worker's native language, or in a language the worker can understand AND gaining their acknowledgement this has happened. i. Nature of work including what PPE is required to be worn. ii. Working hours (which do not exceed 60 hours, 6 consecutive workdays), personal leave allowance and public holidays. iii. Benefits (housing, transportation, uniforms, etc.) iv. What allowed fees the worker shall be charged and the amount(s) v. Wages and wage deductions (including all components of tax and social insurance(s)) and how these are calculated including premiums for overtime (which must be at least 125% of standard pay), working rest days and statutory holidays. vi. Other non-legally required benefits provided (pension, insurances, etc.) vii. Information concerning the general conditions of life and work. New Conformance requirement: Verbal explanation to workers of the key components of the employment conditions in the worker's native language, or in a language the worker can understand AND gaining their acknowledgement this has happened.
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  PR HR PDec 2024 Protocol V7.0.0 Protocol V8.0.1 V8.0.1 Text Material change A3 A3 b. Workers (both regular and contract) are provided with information and training at the time of hire to fully comprehend how wages are calculated and what to expect when they receive payment. c. You must monitor pay for any workers of on-site supplier, subcontractor, agent to ensure accurate and timely payment, contributions and deductions are occurring. d. Workers are made aware of the process to raise a concern over pay. These concerns are reviewed promptly, and workers are provided additional payment / changes to rates when issues. New Conformance requirement: c. You must monitor pay for any workers of on-site supplier, subcontractor, agent to ensure accurate and timely payment, contributions and deductions are occurring. A4 A4 Wages for regular and overtime hours are meeting “equal pay for equal work and qualification”, correctly calculated, and paid timely to all workers. New Conformance requirement: “Equal pay for equal work and qualification” applies. "Overtime is paid at a rate that is at least 125% of the rate for regular hours."
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  PR HR PDec 2024 Protocol V7.0.0 Protocol V8.0.1 V8.0.1 Text Material change A5&A6 A5 1. g. Reasonable accommodation is provided including: i. For requested religious practices ii. For disability including all required by local law. 2. l. Accommodations i. Establish a process and group to review requests for religious practices and disability accommodation. ii. Review and decide upon and provide reason of decision of accommodation (or no accommodation) to the requestor in a timely manner. iv. Accommodation requests may be refused for safety and security concerns, after seeking alternatives (including off-site options) and/or a significant impact on business operations, operating costs, or other workers. v. Reasonable accommodation for worker’s disability is provided; Perform assessments using legal, customer and worker situations to identify gaps that should be addressed, e.g., missing ramps for those using wheelchairs or insufficient and inappropriate workstation tools. 3.c. Ensuring workers are aware of the existing and planned accommodations as well as channel to request accommodations. 4.d. Accommodation records (helps with consistency as well) ii. Disability access, assessment, and other reports for all identified disabilities iii. Disability effectiveness evaluation reports are available for all identified disabilities. iv. Corrective action plans are available for all identified disabilities for any disability accommodation deemed ineffective. New Conformance requirement: "Request are kept, reviewed, decision is informed" Serious conditions that will result in a severe finding: • Disability accommodation requests are refused by management without justification. A6 A5 was moved to A5 A7 A6 was moved to A6
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  PR HR PDec 2024 Protocol V7.0.0 Protocol V8.0.1 V8.0.1 Text Material change E4 A.M.1.2 An adequate and effective due diligence process is established to identify and assess the most significant actual and potential labor risks where the facility caused or contributed to adverse labor impacts (including applicable requirements). Language change from risk assessment to "Due Diligence Process" An adequate and effective management due diligence process is established to identify and assess the most significant actual and potential labor risks where the facility caused or contributed to adverse labor impacts (including applicable requirements). New Conformance requirements 1) Process a)Adequate and effective internal and external stakeholder identification process for labor b) An adequate and effective risk assessment process is in place to identify the most significant actual and potential labor risks where the facility caused or contributed to adverse labor impacts for internal and external stakeholders (including applicable requirements). Ensure the scope of the risk assessment is broad including: iii. Every site operation/process producing products and supplying the services offered by the company. iv. All identified internal and external stakeholders, including at a minimum: 1. Direct and indirect workers 2. Young workers, Learners 3. Foreign and internal migrant workers 4. Worker representatives 5. Staff functions 6. On-site service providers, Suppliers 7. Customers 8. Stakeholders in the community next to or near the facility which may be impacted. A.M.2.2 Adequate and effective Labor policies and control processes are established Effective Control Processes An adequate and effective mitigation process for all significant actual and potential llabor risks identified, tracking implementation, and resulting adverse impact.
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  PR HR PDec 2024 Protocol V7.0.0 Protocol V8.0.1 V8.0.1 Text Material change E6 A.M.2.3 An adequate and effective training process is established for all managers/workers on all policy/process/job-related aspects and performance targets. Serious conditions that will result in a severe finding: • More than 5% of the workers are not trained within 30 days of the hire date. E8.2 A.M.3.1 An adequate and effective ongoing two-way communication process with workers and internal and external stakeholders, where relevant or necessary, is established to obtain feedback on operational labor practices and conditions and to foster continuous improvement. New Conformance requirements: d. Minimum internal and external stakeholders should include: i. Direct and indirect workers ii. Young workers, Learners iii. (Foreign and internal) migrant workers iv. Worker representatives v. Staff functions vi. On-site service providers, Suppliers vii. Customers: to whom the facility should share detailed recruitment practices and performance (including freely chosen employment, e.g., Demographics of labor and list of labor agents/ contractors with the percentage of the workforce, costs to workers (in total absolute numbers and per contract base), and labor agent/contractor fees). E8.1 A.M.3.2 An adequate and effective process is established to anonymously report grievances confidentially without fear of reprisal or intimidation. New Conformance requirements: Comprehensive functioning process to anonymously report grievances without fear of reprisal, which is internal (for workers and staff) and external (for workers of suppliers, local community, or interested actors and Whistleblowers).
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  PR HR PDec 2024 Section D. Ethics Protocol V7.0.0 Protocol V8.0.1 V8.0.1 Text Material change D1&D2 D1 Business Integrity and No Improper Advantage D3 D2 Disclosure of Information D4 D3 Intellectual Property D5 D4 Fair Business, Advertising and Competition New Conformance requirement: advertising meets legal requirements D6 D5 Protection of Identity and Non-Retaliation New Conformance requirement: “Reporting violations is encouraged.” “External stakeholders such as sub-tier suppliers understand how the process works and can make use of it. Workers and external stakeholders have written information from the facility on how to report ethical or legal concerns.” D7 was moved to E3. Responsible Sourcing of Minerals D8 D6 Privacy New Conformance requirement: Information is only collected, stored, processed, transmitted, or shared after the individual has given their approval (or defaulted by local law).
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  PR HR PDec 2024 Protocol V7.0.0 Protocol V8.0.1 V8.0.1 Text Material change E4 D.M.1.2 D.M.1 Risk assessment - Ethics New Conformance requirement: “Ensure the stakeholder scope is broad including: i. Direct and indirect workers ii. Young workers, Learners iii. Foreign and internal migrant workers iv. Worker representatives v. Staff functions vi. On-site service providers, Suppliers vii. Customers viii. Stakeholders in the community next to or near the facility which may be impacted.” “Stakeholder identification reports.” D.M.2.2 Control processes – Ethics New Conformance requirement: “If labor agents are used, then this process also needs to be implemented at the labor agent level.” E6 A.M.2.3 An adequate and effective training process is established for all managers/workers on all policy/process/job-related aspects and performance targets. Serious conditions that will result in a severe finding: • More than 5% of the workers are not trained within 30 days of the hire date. E5 D.M.4.1 Performance Review and Continuous Improvement – Ethics New Conformance requirement: “Goals shall clearly define the period considered; each goal shall include: i) Time Period: (between base date and target date) shall be forward-looking. ii) Base date: Date from which the goal is being measured. iii) Target date: Date in the future when the goal is intended to be achieved. iv) Baseline: the value of what is being measured at the start v) Targeted improvement value: The quantitative value of the goal (numeric and greater than 0) vi) Assignment of owners, implementation plans with completion dates.”
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  PR HR PDec 2024 Section E. MANAGEMENT SYSTEM → SUPPLY CHAIN MANAGEMENT Protocol V7.0.0 Protocol V8.0.1 V8.0.1 Text Material change E1.1 E1.1 An adequate and effective Code of Conduct is established and endorsed by executive management covering all elements of the RBA code. New Conformance requirement: RBA Code (Human Rights, Health and Safety, Environment, Ethics and Management Systems) a) with a stated commitment to i) Due diligence ii) Access to remedy for internal and external stakeholders where the participant caused or contributed to adverse human rights or environmental impacts. 3) The code of Conduct is made public 4) The code of Conduct is communicated to workers via accessible channels in a language the workers understand C6 E2.1 Adequate and effective procedures to measure and/or document the chemical composition regarding the prohibition or restriction of specific substances in products and manufacturing, including labeling for recycling and disposal. D7 E3.1 An adequate and effective Conflict Minerals Supply Chain Policy and Management System is designed and implemented to reasonably assure that the tantalum, tin, tungsten, gold, and Cobalt (3TG+C) in the products they manufacture are sourced in a way consistent with the OECD Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High- Risk Areas (OECD Due Diligence Guidance) or an equivalent and recognized due diligence framework Added Cobalt 4. Records are maintained including: a. Maintaining records related to 3TG+C due diligence for a minimum of two (2) years.
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  PR HR PDec 2024 Protocol V7.0.0 Protocol V8.0.1 V8.0.1 Text Material change E12 E4.1 The RBA Code requirements have been communicated to the next-tier suppliers. b. Report plans and progress to management on due diligence of Major next- tier suppliers. 5. Leading Practices include: a. Use tools which follow the OECD Due Diligence Guidance. b. Your assessment of labor agents and on-site suppliers should include a very strong focus on: i. A1 – Prohibition of Forced labor including understanding from workers if they paid fees to get or keep their job, signed comprehensive contracts, or offer letters which were properly explained to them, possess their passports (if they are foreign migrant workers), if they can resign without penalty. ii. A3 – Working Hours including gathering of working hour and consecutive workday data iii. A4: Wages & Benefits including review of payroll processes, wage slip comparison to working hours iv. B7: Food, Sanitation, and Housing including visiting the workers’ living accommodations if at all provided or connected with the agent, supplier, or subcontractor New Conformance Requirement at Facility Level i) Contract terms and conditions requiring suppliers to conform to the RBA code End of Document.