32.1 For the purposes of this Agreement:

(a) “Sexual exploitation” means any actual or attempted abuse of a position of vulnerability, differential power or trust for sexual purposes, including, but not limited to, profiting monetarily, socially, or politically from the sexual exploitation of another.¹³

(b) “Sexual abuse” means actual or threatened physical intrusion of a sexual nature, whether by force or under unequal or coercive conditions.¹⁴

(c) “Sexual harassment” means any unwelcome sexual advances, request for sexual favours, and other verbal or physical conduct of a sexual nature.

32.2 Health and safety standards and equipment: The Company shall comply with the Applicable Law and observe Good Industry Practice for the protection of the general health and safety of its Workers, other persons contracted by the Company on the Project Area, and all other persons near the Project Area whose health and safety are affected by Project activities, including women and children being subjected to sexual violence, in line with or exceeding IFC Performance Standard 4.

32.3 The Company shall install and use such recognized modern safety devices and equipment and observe such recognized modern safety precautions as are provided for under Applicable Law and observed under Good Industry Practice.

32.4 Workers shall have the right to recuse themselves from tasks they consider dangerous to their safety or health, including risks faced by pregnant or nursing mothers to the health of their unborn or newly born children, without risk or fear of punishment or retaliation.

32.5 The Company shall provide separate toilets, changing rooms, and showers for women and men. The Company shall provide separate rest areas for women and men if requested by Workers.

32.6 Pregnant and nursing women shall not engage in, nor shall they be asked to engage in hazardous or arduous work, such as handling chemicals and heavy lifting.

32.7 Health and safety training, awareness, and reporting: The Company shall train its Workers in accordance with Applicable Law and generally accepted health and safety procedures and practices, including those associated with the management of chemicals, pesticides, and fertilizers and the operation of agricultural machinery, equipment, and infrastructure, and the provision of first aid.

32.8 The Company shall produce an annual health and safety report documenting, separately for women and men, health and safety trainings conducted, accidents and injuries in the workplace, complaints received from Workers, and actions taken by management in response to Worker accidents, injuries, and complaints.

32.9 The Company shall clearly indicate workplace hazards, safety guidelines, and hygiene requirements with signage in the languages spoken by Workers and including pictograms wherever possible to ensure accessibility for Workers with low literacy.

32.10 Health and safety committee: The Company shall facilitate the creation by Workers of a health and safety committee, to have equitable representation of women and men, and to serve as mechanism for communicating Workers’ concerns and complaints about workplace safety and health to senior management. The health and safety committee shall be co-headed by one male and one female health and safety officer.

32.11 Emergency Preparedness Plan: The Company shall prepare for submission to the Grantor [and the Authority], in consultation with the Local Community and local authorities, an emergency preparedness plan to respond to climate change-related extreme weather events and other emergencies at or near the Project Area, including:

(a) a clear identification of the emergency response measures that are the responsibility of the Company in times of emergency, such as early warning and evacuation;

(b) a clear identification of lines of communication between the Company, Local Community, and local authorities during times of emergency; and

(c) a communication and outreach strategy to convey the emergency preparedness plan to the Local Community and local authorities.

For more information: See generally IISD, 2014, Section 8.1.4 (Health and Safety); ISLP & CCSI, 2016, Section 2.13.4 (Labor, Health and Safety); Aizawa & Mann, 2021, Section 4.5 (Anticipate and Manage Climate Change Risks).

• ¹³

  United Nations. (2017). Glossary on sexual exploitation and abuse, p. 6. https://hr.un.org/sites/hr.un.org/files/SEA%20Glossary%20%20%5Bsecond%20Edition%20-%202017%5D%20-%20English_0.pdf

• ¹⁴

  United Nations, 2017, p. 5