Pressure Rising on Brands to Sign Bangladesh Safety Accord

Reported by Nizam Ahmed for The Financial Express

 A coalition made up of fashion models, U.S. labor rights organizations, and Kalpona Akter, a leading Bangladeshi labor rights advocate, were on hand to protest against Nautica failing to sign the Bangladesh Accord on Fire and Building Safety. Credit- Fashionista.com

A coalition made up of fashion models, U.S. labor rights organizations, and Kalpona Akter, a leading Bangladeshi labor rights advocate, were on hand to protest against Nautica failing to sign the Bangladesh Accord on Fire and Building Safety. Credit- Fashionista.com

Trade union and human rights activists have intensified their protest campaigns in the United States (US) and the United Kingdom (UK) to create pressure on leading brands who are yet to sign a legally binding accord for improving safety standards in Bangladesh garment factories.

Activists of several US labour rights organisations and scores of fashion models joined a protest organised by the Bangladesh Center for Worker Solidarity (BCWS) Executive Director Kalpona Akter in New York City (NYC) on Saturday, said an executive at the BCWS. 

The protest was held near Lincoln Centre ahead of Nautica’s spring 2014 runway show, to create pressure on brands for failing to sign the Bangladesh Accord on Fire and Building Safety (BAFBS).

So far nearly 80 European buyers including Tommy Hilfiger and Calvin Klein parent company PVH signed the legally binding BAFBS accord initiated in May following the Rana Plaza collapse, said the Copenhagen-based IndustriAll Global Union,

The signatories to BAFBS include retailers and brands from 15 countries, including Britain, France, Italy and Japan. The brands also include Abercrombie & Fitch, Benetton, H&M, Inditex and Marks & Spencer. Labour federations and non-governmental organisations have joined the initiative.

Meanwhile, in a separate event at the annual conference of the Trades Union Congress (TUC) held in London on Saturday National Garment Workers Federation (NGWF) of Bangladesh President Amirul Haque Amir urged leading retailers in the UK to sign BAFBS accord.

Amir arrived in London on Friday to attend the conference, said a statement of the TUC.

He warned the eight leading UK retailers, who attended the annual conference that there could be a repeat Rana Plaza tragedy if the brands refuse to sign up an international accord designed to protect Bangladeshi factory workers.

More than 1,130 workers were killed and many maimed when Rana Plaza collapsed at Savar on the outskirts of Dhaka city on April 24.

The US leading retailers Jansport and Vans owned by global brand VF is the parent company of Nautica which is currently sourcing its most merchandise from Bangladesh factories.

But those US brands rejected the European-led BAFBS in favour of the The North American Pact (NAP) known as The Alliance for Bangladesh Worker Safety (ABWS), which was initiated in July.

The NAP plans to develop a common safety standard for inspection by next month to determine which factories can be approved and which need upgrades.

The American plan has been criticised by labour and consumer groups alike because it is not legally-binding, and therefore retailers face no real repercussions should they fail to meet the goals set.

The protest in NYC was also participated by leading US fashion models, among others, by Sara Ziff, also the founder and director of Model Alliance. Most of the protesters were carrying placards, one of which carried a slogan: “No one should die for fashion,” according to US fashion newspaper fashionista.

Ziff, who visited Bangladesh after the collapse of Rana Plaza, led a number of US fashion models including the gorgeous Alison Nix to support the cause. 

The organisers of the protest in NYC said that none of the companies which had used the factories in the collapsed Rana Plaza have paid any compensation to the families of the deceased. 

The protesters demanded that each and every company in the fashion industry (not to mention the government) should be held accountable for the tragedies and should finance the changes necessary to make the garment industry a safer work place.

Addressing the TUC conference, Amir said several leading brands were still refusing to commit to the agreement that will make building inspections compulsory at Bangladeshi factories that supply fashion goods to UK stores, said IndustriAll Global Union in a statement on Saturday.

He named the brands including Matalan, River Island, Sports Direct/Republic, Jane Norman, Peacocks, Bench, Mexx and Bank Fashion which were refusing to sign the European-led BAFBS.

Meanwhile, the TUC is wooing consumers who have been shocked by the Rana Plaza tragedy to use social media to build pressure on the UK clothing brands that are refusing to sign up.

“Sustainability encompasses not only the environment, but human rights, labor rights, and development”- Michael Posner in conversation with BGF

“Sustainability encompasses not only the environment, but human rights, labor rights, and development”- Michael Posner in conversation with BGF

A distinguished leader and highly respected advocate for human rights, Michael Posner, has contributed extensively to the cause throughout his career.  Former Assistant Secretary of State for the Bureau of Democracy, Human Rights and Labor at the State Department, Posner helped establish the Fair Labor Association (FLA), an organization that strives to improve working conditions in the apparel industry through collaborative efforts and dialogue with corporations, universities and NGOs. In 2013, Michael Posner joined New York University’s Stern School of Business, as Professor of Business and Society, to launch the first-ever Center for Business and Human Rights.  This center will serve as resource tool for students to teach them the value of human rights in business, and will also work as a facility for public education and advocacy.

In this interview with Boston Global Forum (BGF), Michael Posner talks about the genesis and growth of the FLA, the need for collaborative effort from companies and governments to impact human rights issues, the urgency to educate consumers about their products and the definition of  ‘sustainability’ in business.

Michael Posner. Credit- NYU/Stern

Michael Posner. Credit- NYU/Stern

BGF: What were some of the challenges you faced when setting up the Fair Labor Association (FLA) in the 1990s? Did you get a lot of support from companies or did you have to work hard to motivate them?

Michael: That’s a big question. The FLA grew out of a White House initiative called the Apparel Industry Partnership, which was precipitated by crises in both Central America, with Kathie Lee Gifford producing goods for Wal-Mart in Honduras, and in the United States, where a Labor Department investigation revealed a group of Thai women being held against their will in factories in east Los Angeles. In response, President Clinton and Secretary of Labor Robert Reich created the Apparel Industry Partnership (AIP) that brought companies, unions and NGOs to the table. I don’t think very many people had high hopes for the AIP but at the same time, they didn’t want to not be there. The expectation for many was that the first meeting in August of 1996 also would be the last meeting. In fact, when Robert Reich convened a second meeting a month later he said, “the fact that we’re all meeting the second time means that this has exceeded our wildest expectations.”

Over time, trust grew among the group and participants stayed at the table. We spent a year-and-a-half defining standards for working conditions in the apparel industry and developing a methodology for implementing an agreement on standards. During this period, Guess Jeans and Kathie Lee (representing Wal-Mart) dropped out of the group. The unions, too, dropped out after an intense internal fight. At the end of the day, the American Federation of Labor and Unite Union made a judgment that they couldn’t support an agreement that made it easier for companies to go to China and places where union activity was restricted. Even without these companies and unions, there was enough trust and confidence in what we had developed that we were able to launch the Fair Labor Association in 1999.

BGF: Why do you think companies dropped out? Is it just about profits and about the money that it takes to enforce worker safety standards or does it stem from larger issues like a fear of responsibility or obligation?

Michael: It’s more complicated than that. On the one hand, there are issues of brand reputation. It’s easier for a highly brand-sensitive company like Nike or Adidas to devote resources to improving working conditions than it is for a company like Wal-Mart that competes on the basis of low prices. Many companies think about these issues in terms of reputational risk and mitigating the potential of ending up on the front page for producing products using sweatshop or child labor.

On the other hand, companies are also thinking about these issues in terms of business sustainability. Companies in the manufacturing sector need a reliable supply chain that can produce quality products on schedule and to their design specifications. Decent working conditions and factory safety undergird the sustainability of this system. The premise of the FLA is that no company can successfully address these issues acting alone. Companies facing common human rights challenges in the same industry will be more successful if they work collectively. In many ways, this is the hardest part because these companies are fierce competitors and they’re not comfortable disclosing their vulnerabilities to others in the same industry.  Despite the discomfort, many companies have recognized that they need critical mass to make a difference and have found ways to work together.

BGF: Do you think that companies in the west have enough power to yield immediate influence in poor countries like Bangladesh, where political and social reform might take several years to come about, if at all?

Michael: These are a big, seemingly intractable problems. Bangladesh is an exceedingly poor country that took advantage of trade quotas in the 1970s by quickly building up infrastructure to produce high volumes of garments very cheaply. While Bangladesh is the world’s second largest producer of readymade garments, it remains a very weak state and there is little enforcement of safety or labor regulations in the garment sector.

In the long term, a stronger national government with the capacity and inclination to regulate its domestic industries is the obvious solution to protecting workers’ rights and enhancing workplace safety. But as you say, that kind of reform will take years and even decades. In the mean time, there is a governance gap. It’s tempting to say that big Western multinationals can fill that gap on their own. But the reality is that while the brands are a very important player, they cannot do it alone. In the short- to medium-term, enhancing working conditions in Bangladesh will require action by the brands, the government, the local manufacturers’ association, Bangladeshi and international civil society, Western governments, the ILO, and the international financial institutions.

The larger fundamental issue is how do you think about a sourcing model that allows global brands and local manufacturers to grow their profits while ensuring worker safety, well-being and dignity.

BGF: What advice do you have for Boston Global Forum, a non-profit based in the US? Shall we focus on consumer education or government policy or something completely different?

Michael: I think the answer is all of the above. You’ll have to decide where you have a unique capacity to make a difference. I know Governor Dukakis has thought about statutory regulation in the United States focused on business and human rights. I don’t know if that’s politically possible, but it’s certainly the way issues like corruption have been dealt with.

Another aspect that is very important is the consumer piece. Consumers have a difficult time differentiating among companies and understanding what their choices are when it comes to ethically produced products. There’s a lot of work to be done there.

Third, there needs to be a broader discussion of what ‘sustainability’ means. When many companies talk about sustainability, they’re really talking about environmental concerns. That’s a very narrow understanding of sustainability. In my mind, sustainability encompasses not only the environment, but human rights, labor rights, and development. There needs to be a broader frame and a group like Boston Global Forum can play a role in identifying those companies that are willing to think more broadly about business sustainability over the long-term.

Low requirement for working safety standards applied to exporting companies

(Hanoi, Vietnam) – In response to a call  for identifying  useful solutions  and setting up international worker safety standards from Boston Global Forum,  a survey about requirements for working safety standards was implemented by with participation among more than 200 CEOs from Vietnam’s largest, fastest growth, and CIT contributing companies in the annual Vietnam CEO Summit held on August 23 in Ho Chi Minh City. The result revealed a dismally low minimal working safety requirement applied to these Vietnamese exporting companies.

Workers safety is now a global awareness issue among all third-world countries’ outsourced suppliers to global retail giants like Walmart, Primark and Benetton. Since the tragic collapse of India’s Rana Plaza building that resulted in the deaths of more than 1100 garment workers, corporate giants engaged in retail operations are bent on relocating their operations away from developing countries like Bangladesh and India. Other companies unable to relocate have called upon the International Labor Organization (ILO) to insure that basic safety standards are met.

Vietnam Report ISC completed a survey in response to this global worker safety mandate, among more than 200 CEOs from Vietnam’s largest companies, fastest growth companies, and largest CIT contributing companies. Many of the companies surveyed have import-export business with foreign countries in Asia, European Union, and in North America. They were asked to share information about importer countries’ requirements for worker safety standards applied to allow goods to enter the country.

VN report survey(Source: Vietnam Report’s 2013 survey)

The survey reveals that the importing countries and respective companies have set low safety standards and minimal compliance in the requirement for all imported goods. Most of the companies interviewed expressed concern only for meeting technical requirements and avoidance of any harm to the environment in the manufacturing process. According to the survey, only 32 percent of exporters said that the importing countries include working safety standards as another necessary requirement for goods to be imported. The rate for this action is higher for the garment and footwear industry.

In addition, 75 percent of respondents said that the current regulations and guidelines on worker safety from importers are too complicated to understand and not clear as to what measurements the exporting companies must meet. This result shows the need for clarification of working safety standard guidelines.

All of CEOs also agreed that the ILO, European Union and/or U.S. government should develop and apply international standards that require all exported goods that enter the world trading system to be made in factories that meet minimal standards for worker safety. However, 77 percent of respondents expressed the desire that these international guidelines should be customized in terms of standards and applying time for different countries.

Fast and Flawed Inspections of Factories Abroad- The New York Times

If factory inspections and monitoring processes were already in place, then why did 1800 garment workers lose their lives within a span of a year? The New York Times uncovers the fatal flaws that have led to the loss of lives and trust in global supply chain economies.

NYT reporters Stephanie Clifford and Steven Greenhouse have the story.

Zaichun Ye, right, a consultant at Verité in China, seeing if a worker is wearing chain mail gloves at a textile factory in Yuhang in Zhejiang province. Credit- The New York Times/ Jonathan Browning

Zaichun Ye, right, a consultant at Verité in China, seeing if a worker is wearing chain mail gloves at a textile factory in Yuhang in Zhejiang province. Credit- The New York Times/ Jonathan Browning

Fast and Flawed Inspections of Factories Abroad

Inspectors came and went from a Walmart-certified factory in Guangdong Province in China, approving its production of more than $2 million in specialty items that would land on Walmart’s shelves in time for Christmas.

But unknown to the inspectors, none of the playful items, including reindeer suits and Mrs. Claus dresses for dogs, that were supplied to Walmart had been manufactured at the factory. Instead, Chinese workers sewed the goods — which had been ordered by the Quaker Pet Group, a company based in New Jersey — at a rogue factory that had not gone through the certification process set by Walmart for labor, worker safety or quality, according to documents and interviews with officials involved.

To receive approval for shipment to Walmart, a Quaker subcontractor just moved the items over to the approved factory, where they were presented to inspectors as though they had been stitched together there and never left the premises.

Soon after the merchandise reached Walmart stores, it began falling apart.

Fifteen hundred miles to the west, the Rosita Knitwear factory in northwestern Bangladesh — which made sweaters for companies across Europe — passed an inspection audit with high grades. A team of four monitors gave the factory hundreds of approving check marks. In all 12 major categories, including working hours, compensation, management practices and health and safety, the factory received the top grade of “good.” “Working Conditions — No complaints from the workers,” the auditors wrote.

In February 2012, 10 months after that inspection, Rosita’s workers rampaged through the factory, vandalizing its machinery and accusing management of reneging on promised raises, bonuses and overtime pay. Some claimed that they had been sexually harassed or beaten by guards. Not a hint of those grievances was reported in the audit.

As Western companies overwhelmingly turn to low-wage countries far away from corporate headquarters to produce cheap apparel, electronics and other goods, factory inspections have become a vital link in the supply chain of overseas production.

An extensive examination by The New York Times reveals how the inspection system intended to protect workers and ensure manufacturing quality is riddled with flaws. The inspections are often so superficial that they omit the most fundamental workplace safeguards like fire escapes. And even when inspectors are tough, factory managers find ways to trick them and hide serious violations, like child labor or locked exit doors. Dangerous conditions cited in the audits frequently take months to correct, often with little enforcement or follow-through to guarantee compliance.

Dara O’Rourke, a global supply chain expert at the University of California, Berkeley, said little had improved in 20 years of factory monitoring, especially with increased use of the cheaper “check the box” inspections at thousands of factories. “The auditors are put under greater pressure on speed, and they’re not able to keep up with what’s really going on in the apparel industry,” he said. “We see factories and brands passing audits but failing the factories’ workers.”

Still, major companies including Walmart, Apple, Gap and Nike turn to monitoring not just to check that production is on time and of adequate quality, but also to project a corporate image that aims to assure consumers that they do not use Dickensian sweatshops. Moreover, Western companies now depend on inspectors to uncover hazardous work conditions, like faulty electrical wiring or blocked stairways, that have exposed some corporations to charges of irresponsibility and exploitation after factory disasters that killed hundreds of workers.

The Rana Plaza factory collapse in Bangladesh, which killed 1,129 workers in April, intensified international scrutiny on factory monitoring, and pressured the world’s biggest retailers to sign on to agreements to tighten inspection standards and upgrade safety measures. While many groups consider the accords a significant advance, some longtime auditors and labor groups voice skepticism that inspection systems alone can ensure a safe workplace. After all, they say, the number of audits at Bangladesh factories has steadily increased as the country has become one of the world’s largest garment exporters, and still 1,800 workers there have died in workplace disasters in the last 10 years.

“We’ve been auditing factories in Bangladesh for 20 years, and I wonder: ‘Why aren’t these things changing? Why aren’t things getting better?’ ” said Rachelle Jackson, the director of sustainability and innovation at Arche Advisors, a monitoring group based in California.

Even with American and European companies appointing executives this summer to put in place a stricter regimen of inspections and safeguards under the new agreements, these efforts are limited to Bangladesh. Other leading garment-producing nations, like China, Honduras, Indonesia, Pakistan and Vietnam, are not getting such stepped-up attention or expanded inspections. Thousands of factories in those countries will no doubt continue to be reviewed through the perfunctory “check the box” audits.

Trouble With Audits

Factory monitoring companies have established a booming business in the two decades since Gap, Nike, Walmart and others were tarnished by disclosures that their overseas factories employed underage workers and engaged in other abusive workplace practices. Each year, these monitoring companies assess more than 50,000 factories worldwide that employ millions of workers. Walmart alone commissioned more than 11,500 inspectionslast year. Spurred by heightened demand for monitoring, the share prices of three of the biggest publicly traded monitoring companies, SGS, Intertek and Bureau Veritas, have all increased about 50 percent from two years ago.

The inspections carry enormous weight with factory owners, who stand to win or lose millions of dollars in orders depending on their ratings. With stakes so high, factory managers have been known to try to trick or cheat the auditors. Bribery offers are not unheard-of. Often notified beforehand about an inspector’s visit, factory managers will unlock fire exit doors, unblock cluttered stairwells or tell underage child laborers not to show up at work that week.

Unauthorized subcontracting, or farming work out, to an unapproved factory (as was the case for the Quaker Pet Group order in China), is “very, very common,” according to Gary Peck, founder and managing director of the S Group, a design and sourcing company based in Portland, Ore.

Though almost all retailers prohibit the practice in their contracts, suppliers still do it to save money, speed production and meet high-volume orders.

And even inspections conducted at authorized factories can be deeply flawed. When NTD Apparel, a contractor for Walmart that is based in Montreal, hired a firm to inspect the Tazreen factory in Bangladesh before 112 workers died in a fire in November, the monitors’ questionnaire asked whether the factory had the proper number of fire extinguishers and smoke detectors on each floor. But it did not call for checking whether the factory had fire escapes or enclosed, fireproof stairways, which safety experts say could have saved lives.

“If it’s a check-the-box inspection, you better have the right boxes to look at,” said Daniel Viederman, chief executive of Verité, a nonprofit monitoring group.

Sajeev Jesudas, president of UL Verification Services, which conducted the Tazreen audit, said inspecting for fire escapes and fireproof stairways was “the responsibility of the local building inspectors.” Bangladesh has been faulted for having far too few officials to inspect factories.

Greg Gardner, the chief executive of Arche Advisors, said Western retailers and brands often seek different levels of audits. Some, like Levi’s and Patagonia, want rigorous — and costly — audits, while others prefer limited, inexpensive audits that will not jeopardize relationships with favored suppliers.

Audits can be very brief. A single inspector might visit a 1,000-employee factory for six to eight hours to review all types of manufacturing issues, like wages, child labor or toxic chemicals. Some auditors receive only five days of training, whereas the federal Occupational Safety and Health Administration requires three years of training and experience assisting inspectors before employees can lead an inspection of a sizable factory in the United States.

In the Rosita case, after the workers went on their rampage, the Western companies that bought the factory’s knitwear grew alarmed. So Rosita’s owner, South Ocean, a conglomerate based in Hong Kong, commissioned a new inspection.

That inspection, conducted by Verité, which is based in Massachusetts, was a scathing broadside. Verité’s monitors found “ongoing physical abuse” and “verbal and psychological harassment,” with managers compelling workers who arrived late to stand for “many hours without rest.”

Verité’s three-day inspection found errors in calculating wages, chemical containers labeled only in English and unreasonably high production quotas for which workers were disciplined or fired for not meeting. The inspectors noted that workers “often face harsh treatment,” including jeering from managers if they requested sick leave or annual leave. The monitors also found that managers had fired employees for missing work because of a death in the family and that security guards had beaten workers involved in union and protest activities.

Mr. Viederman of Verité said the earlier inspection, performed by a major monitoring firm, SGS, demonstrated the shortcomings of checklist audits. The SGS inspection involved a one-day visit, largely seeking yes-no answers, probably for a modest fee.

He noted that SGS had interviewed employees only inside the factory, where workers were often unlikely to speak candidly, and not outside — for instance, at bus stops or at home, where workers might open up.

Charles Kernaghan, executive director of the Institute for Global Labor and Human Rights, was shocked when he read the SGS inspection report for Rosita. “The auditors were saying everything was in perfect order,” he said. “It shows how ineffective these monitoring organizations can be.”

Effie Marinos, sustainability manager at SGS, defended her company’s findings. She said SGS had followed the inspection protocol developed by the Business Social Compliance Initiative, a factory certification group for European businesses.

Ms. Marinos said the protocol for Rosita did not require interviewing workers outside the factory, a practice that she cautioned could undermine a relationship between a Western company and its suppliers.

“You don’t want to start the whole approach with a lack of trust, that they are trying to fool you, that they are behaving unethically,” she said. “It can sour an entire relationship.”

Bypassing Inspection Rules

The Walmart purchase orders read “Ethical Standards Required.”

In mid-2011, the Quaker Pet Group, whose biggest customer was Walmart, began looking for cheaper factories where its trendy dog clothes could be made, according to a former Quaker employee who requested anonymity for fear of reprisal from Quaker. The company has also sold its goods to Petco, PetSmart and smaller retailers.

Quaker settled on a plant called Jiutai Bag and Gift Factory in Dongguan, Guangdong. After visiting the site, Quaker’s president, Neil Werde, sent a note to a Jiutai representative in June 2011. “I was pleased with your factory,” Mr. Werde wrote, according to an e-mail shared by the former employee. “Good luck on the Walmart inspection.”

That inspection did not occur. Quaker officials became concerned that Jiutai would not be able to pass an inspection, the former employee said.

But there was a workaround. While Jiutai would make the garments, Quaker would fill out order forms to say that the items had been made by Ease Clever Plastic Manufactory, then an approved Walmart supplier. Ease Clever is an established manufacturer that ships products to Target and other large companies, according to the global trade database Panjiva. Jiutai, by contrast, had only one recent listing in the database, for a small shipment to Puerto Rico in 2011.

The stickiest issue was how to get the clothing made by Jiutai past Walmart inspectors. An inspection at Ease Clever was scheduled for September 2011, when the Walmart representatives would check that the dog outfits were being manufactured there, the former employee said.

Jiutai simply took the clothes to Ease Clever, according to the former employee. Those moves were outlined in a later e-mail from a Jiutai representative to Mr. Werde.

“The Walmart inspectors showed up and said, ‘Oh, they are being made here.’ It’s not as challenging as you would think,” the former employee said. “You have your finished-goods area and just show them the cartons being packed out.”

In an e-mail to Mr. Werde, the Jiutai representative, identified as Mr. Hu, detailed how the setup had worked as he pushed Quaker for payment.

In July, Mr. Hu wrote, a company based in Hong Kong called KYCE, apparently acting as a liaison, helped arrange an order for the Christmas dog clothes. “JiuTai only make the clothes,” Mr. Hu wrote.

In September, “we hang the clothes” in display cases and “send to Ease Clever warehouse for Walmart during inspection,” Mr. Hu added, including photographs of the costumes. After the inspection, the clothes went back to Jiutai, and Jiutai, after making final adjustments, packed and delivered the clothes to the shipping terminal, Mr. Hu wrote. Mr. Hu and KYCE representatives did not respond to multiple e-mails seeking comment.

Throughout September, according to Walmart purchase orders, Quaker shipped $2.1 million worth of pet outfits from Yantian, China, to various American ports. The purchase orders list Mrs. Claus dresses, Santa suits and reindeer suits — the exact outfits Mr. Hu of Jiutai said he had made at his factory and then photographed. But the purchase orders list Ease Clever as the supplier, not Jiutai.

Contacted by telephone last month about the inspection and shipment, Jay Xie, a sales manager for Ease Clever, said the company had allowed the use of its Walmart certification. “His factory had not yet been audited — he used my factory because it was already audited,” Mr. Xie said of the Jiutai factory manager. Mr. Xie said this had happened only once, as a friendly act to help a fellow manufacturer.

The shipment, though, was late, according to the former employee and Mr. Hu’s e-mail. And soon after Walmart started selling these items, Quaker began receiving complaints, according to the former employee. When Walmart conducted a quality test on the Mrs. Claus dress, it found holes, and the outfit failed the test. Walmart executives then summoned Quaker employees to its sourcing office in Shanghai for an explanation, but Quaker did not disclose the subcontracting to Walmart at that time, the former employee said.

In March 2013, Walmart received a tip, via its global ethics hot line, about the unauthorized subcontracting and looked into it.

Kevin Gardner, a spokesman for the company, confirmed that subcontracting in this case occurred in 2011, and that Walmart officials “met with the supplier after the investigation to go through the findings and reinforce what our expectations are pursuant to subcontracting.”

Even though Walmart was alerted to the case nearly two years after the products were made and only after a hot line tip, the retailer pointed to the episode as an example of how its investigation and compliance system was working, not faltering.

“We investigated. We talked with the supplier. We think this does show the processes were in place,” Mr. Gardner said.

In January of this year, Walmart established a “zero tolerance” policy, saying it would drop suppliers who used subcontractors without the company’s approval. Walmart adopted the policy after garments headed to the company were found in the fire debris at Tazreen, an unauthorized factory.

Quaker and Mr. Werde declined to comment. The pet specialty company remains a Walmart supplier, Mr. Gardner said.

Cat-and-Mouse Games

The question-and-answer sheet that the factory’s managers distributed to all their employees was explicit: if an inspector ever asked, “Are there injury records?” they were to answer, “Have not heard of any work-related injuries.”

And if an inspector asked, “Any corporal punishment in the factory?” the employees were to reply, “No.” If monitors inquired about underage workers at the plant, employees were coached to respond, “Employment for those less than 16 years old is prohibited.”

This sheet, prepared by managers at a Chinese factory and obtained by The Times, had one purpose: to trick inspectors.

Supply chain experts and monitors say that far too often, factory managers play cat-and-mouse games with inspectors because they are desperate to avoid a failing grade and the loss of a lucrative stream of orders.

The experts provided real-life examples. To avoid appearing illegally overcrowded, one factory moved many machines into trucks parked outside during an inspection, a monitor said. Whenever inspectors showed up at certain plants in China, the loudspeakers began playing a certain song to signal that underage workers should run out the back door, according to several monitors. During inspections in India, some factories displayed elaborate charts detailing health and safety procedures that, like stage props, were transferred from one factory to another, another monitor said.

For monitoring companies with major retailing clients, the auditing regimen can be nonstop. The territory itself is daunting — 5,000 factories produce garments in Bangladesh alone. A retailer that uses 1,000 factories worldwide might want to pay no more than $1,000 an inspection — that could mean a one-day, check-the-box audit — instead of $5,000 for thorough, five-day inspections. That would cost $1 million instead of $5 million.

“You have this intense price pressure downward on these inspection firms, turning them into a commodity business,” said Mr. O’Rourke of the University of California, Berkeley.

Auret van Heerden, president and chief executive of the Fair Labor Association, a nonprofit group that Apple uses to monitor its Foxconn factories in China, said many inspectors were too rushed. “Many are doing a factory a day, and many auditors, more than one factory a day,” he said. “They’re on a plane and going to a new city the next day. They don’t have much time to think about it or dwell on it.”

Despite some improvements, many supply chain experts say monitoring has inherent shortcomings. Not long ago, Nike and other sporting goods companies were shaken by revelations that children, ages 5 to 14, toiled up to 11 hours a day making soccer balls for them in Sialkot, Pakistan.

A study found that half of Pakistan’s soccer ball workers were making less than the minimum wage, with many stitching the balls’ panels together at home, making it hard for factory monitors to unearth such violations.

Nike responded by requiring its main contractor there, Silver Star, to consolidate production in one big factory. Knowing how skilled many contractors have become at gaming the monitoring system, Nike took an unusual step and ordered Silver Star to set up a system of elected worker representatives who would be charged with speaking up about safety problems, wage violations or other issues.

“We’ve learned that monitoring alone isn’t enough,” said Greg Rossiter, Nike’s chief spokesman.

Mr. van Heerden said, “You can never visit facilities often enough to make sure they stay compliant — you’ll never have enough inspectors to do that. What really keeps factories compliant is when workers have a voice and they can speak out when something isn’t right.”

Still, after a string of fatal disasters and repeated failures in uncovering serious violations, many experts doubt that even a highly organized and supervised inspection industry can improve factory conditions in country after country. Heather White, a research fellow at Harvard and a longtime factory auditor, said, “It starts as a dream, then it becomes an organization, and it finally ends up as a racket.”

 

 

Fashioning Justice for Bangladesh – The American Prospect

Western multinationals are behind disasters like the Bangladesh factory collapse. Will public outrage and a new labor agreement lead to improvements for workers? The article from The American Prospect reports a long journey of finding justice for Bangladesh .

Robert Kuttner has the story

ap778734956696_0(Source: AP)

Fashioning Justice for Bangladesh

On April 24, the Rana Plaza garment factory in Bangladesh collapsed, killing 1,129 workers and injuring at least 1,500 more. Most were young women earning about $37 a month, or a bit more than a dollar a day. The collapse was the worst disaster in the history of the global garment industry, evoking the 1911 Triangle Shirtwaist factory fire in New York City. The Rana Plaza factory made apparel for more than a dozen major international fashion brands, including Benetton, J.C. Penney, and Wal-Mart. This was the third major industrial accident in Bangladesh since November, when 112 people were killed in a fire at a garment factory producing mainly for Wal-Mart. At Rana Plaza, cracks appeared in the eight-story building the day before it collapsed. Police ordered an evacuation of the building. But survivors say they were told that their pay would be docked if they did not return to the factory floor, and most did.

Bangladesh, a nation of more than 160 million, has some 4 million garment-industry workers and 40 building inspectors. After China, it is the world’s second-largest apparel producer: a destination of choice for the fashion industry because workers effectively have no rights and are among the world’s most desperately poor people. These tragedies underscored not just the brutality of the global garment industry but also the bankruptcy of a voluntary system of industry-sponsored factory certification by nonprofits funded by the big fashion brands.

In August 2012, one of the most prestigious monitoring groups, Social Accountability International, gave a factory owned by Ali Enterprises in Karachi, Pakistan, a clean bill of health. A month later, the factory burned, killing some 300 workers who were trapped behind locked doors.

In January 2012, Apple selected the monitoring group Fair Labor Association (FLA) to review conditions in the factories of Foxconn, its contractor in China. Two weeks later, The New York Times published an exposé of grim conditions, including 70-hour workweeks and a spate of worker suicides. In February, the head of the FLA toured Foxconn and pronounced the facilities “first class.”

Thanks to the notoriety of the Rana Plaza collapse and the persistence of the global labor movement, anti–sweatshop activists in the U.S. and Europe, and an independent, labor-affiliated advocacy group, the Worker Rights Consortium (WRC), the tragedy in Bangladesh could open the door to more robust corporate accountability. A legally binding contract, signed May 15 by some 40 fashion brands, commits the big retailers and apparel producers to take responsibility for what happens in the factories that make the clothing they sell.

Under the Accord on Building and Fire Safety in Bangladesh, the Western fashion companies will invest millions of dollars in factory improvements and provide longer-term supply contracts so that factory owners have the cash flow and confidence to invest in upgrades. The brands agree to independent safety inspections whose results are made public, with binding arbitration in the event of disputes and an enforceable commitment by the brands to terminate business with factories that do not meet safety standards. A seven-person committee enforces the agreement, with three members from labor groups, three from the fashion brands, and a representative of the International Labor Organization (ILO) in Geneva, a U.N.–affiliated watchdog body founded in 1919 to promote worker rights, as chair and tiebreaker. The agreement, however, is about safety. It does not address wages per se, but it does commit the fashion brands to require the large factories they purchase from to allow union representatives to help train factory workers in safety monitoring. Sponsors hope that a union presence will lead to better wages.

By July, some 70 major European fashion brands and retailers with production in Bangladesh had signed the accord. Only a handful of U.S. companies joined, including PVH (the parent company of Calvin Klein and Tommy Hilfiger), Sean John, and Abercrombie & Fitch. Although Europe purchases more than double the volume of clothes from Bangladesh than the United States does, the deal would be more significant if the bigger American retailers such as Wal-Mart and the Gap joined, since both have resisted codes of conduct with independent monitoring and enforcement. Instead, Wal-Mart, the Gap, and 15 other North American brands have created a rival, purely voluntary agreement. Their plan for better factory safety, announced in early July with the Bipartisan Policy Center providing the window dressing, has no arm’s-length monitoring, no penalties, no enforceable rights, and no role for unions.

Depending on how well it is enforced, the European accord could be a turning point that could lead to a new wave of rights for workers in Third World manufacturing. “The business model of the apparel industry logically leads to sweatshops,” says Scott Nova, executive director of the WRC. “The Bangladesh accord holds the promise of altering the model. But we expect that there will be extensive battles ahead.”