Human Rights Assessment Checklist

Bangchak Corporation Public Company Limited (BCP) and BCP Group

Introduction
Bangchak Corporation Public Company Limited (BCP) has conducted Human Right Due Diligence (HRDD) in
order to indicate prevention and mitigation approaches associated with the UN Guiding Principles on Business
and Human Rights (UNGP) and National Human rights commission of Thailand (NHRC) to cope with human
rights issues which may occur from our business operations. It is expected that businesses associated with
BCP Group will comply with the Human Right Policy of BCP. This is compulsory for the BCP’s subsidiaries to
take actions to respond to the policy properly.
Human Rights Assessment Checklist
The objectives of this document are as follow:
1. To be used as a tool for BCP's and its subsidiaries' managements to identify human rights risks in the
business operations and throughout the supply chain.
2. To create awareness about human rights issues, promote protection, respect and remedy concept to
relevant internal and external stakeholders.
3. To help BCP to identify human rights risks and find mitigation action at the early stage. Human rights
risks listed are used as deterrence for human rights violations. When the violation against human rights
occurs, the Company has to define mitigation action by including victims and stakeholders.
This checklist is part of BCP's Human Rights Due Diligence (HRDD) process. The checklist includes a
compilation of potential human rights issues related to BCP Group's operations and supply chain. The checklist
covers 5 vulnerable groups including women, children, indigenous people, migrant workers, and disable people
in accordance with The Human Rights Protection of Vulnerable Groups.
1 Construction of factories/ operations/ business expansion/ merger and acquisition
2 Key human rights risks to employees
3 Key human rights risks to contractors
4 Key human rights risks to communities and society around operation sites
5 Key human rights risks to customers and consumers
6 Key human rights risks to suppliers/partners
7 Key human rights risks to migrant workers
8 Key human rights risks to Temporary workers

Who should use this checklist?

Managers, responsible person for HRDD process, suppliers, and key partners should use this check
list to identify human rights risks in addition to other tools such as the Supplier Code of Conduct Assessment.
This checklist is used to create awareness, identify human rights issues, and assess potential impacts from
human rights violations; it is not necessary to complete all items in this checklist in all situations. For example,
if there are no migrant workers in the local operations or it is certain that suppliers, contractors, or partners do
not hire migrant workers, the issues related to migrant workers may be skipped in the checklist

How to use this checklist?

The objective of this checklist is to help management to foresee human rights risks that may arise
from conducting businesses. The following list of questions help users to identify potential risks.
 Low impact activity: any activities that have low human rights risk. The Company may not need to
take any additional actions or provide response actions to mitigate the risks
High impact activity: any activities that the Company may pay additional attention to or take
additional actions to mitigate the risks. In case of severe impact activity, the Company may consider more than
one action.

If a high risk activity is identified, the Company must take additional actions to mitigate risks as follow:
1 2 3 4
 Comply with  Seek additional  Contact external or  Consult external
contents in the information before making internal experts for or internal experts for
checklist (or stop decision appropriate responses additional activities
implementations, as
appropriate)
For example, under For example, under new For example, under child For example, under
the contractors: have construction or expansion: labor: does the company migrant labor: does the
contractors received are there any homeless has child labor termination factory prohibit using
appropriate training or people in the area? If the process in case of child subagent? If the
do employees receive answer is “yes”, responsible labor law is violated. If the answer is “no”, the
personal protection functions should conduct answer is “no”, the manager should
equipment? If the additional research on their manager should consult consult with company
answer is “no”, the rights and traffic route that with professional to develop or agents to ensure
manager should may cause the impact to appropriate policy, provide that risk prevention
provide the the homeless. educational access and process for migrant
appropriated training to compensation to their labor is appropriate
the contractors family. and the migrant labor
will not turn to be a
force labor.
1. Construction of Factories/ Operational Area/ Business Expansion/ Merger and Acquisition (11 items)

One of key factor for a successful business is the social License to Operate in addition to complying with the laws and
regulations. Therefore, the Company places a high important to being a "member" of the community by ensuring that the Company's
operations do not have negative impacts to the community and participating in the development of the communities. Although each
operational area has different risks and challenges, stakeholder engagement must be an integral part of human rights risks
identification, assessment, and development of mitigation strategies.

Construction of factories/ Symbol  Low Risk  Proceed with  Contact specialists

operational area/ business  High Risk implementation  Engage the community
expansion/ merger and  Seek additional information
acquisition
Land Management: the company should examine land holding documents going Security Management Before answer the following questions, the
back far enough to know how the land was used prior to answering the following Company should investigate security company that will be responsible for
questions. project area
1. Are there any inhabitants in the project area? (in case of expansion – are there 8. Have the employees been received security training on scope, authority,
any inhabitant in the previous project area?) and respecting of human rights including enforcement?
 No   Yes     Pass   Not pass  
2. Are there any conflicts of interests leading to negative impact to land owners? (in
case of expansion – are there any conflict of interest in the previous area?) Environment
 No   Yes    9. Does using local natural resources create negative impact on natural
3. Do the habitants need to move out from the construction area? (in case of resources accessibility or utilization of resources by the communities?
expansion – do the habitant need to move out from a previous construction area?)  󠄂 No   Yes  
 No   Yes   10.Does using local natural resources create negative impact on natural
4. Do the homeless people have the right to pass the project area or to access the resources accessibility or utilization of resources by the communities?
project area to harvest resources?  No   Yes   
 No   Yes   
Violation
Water Quality, Equality and Accessibility 11.Does local authority or corporate construction functions create negative
5. Does the Company’s construction or operation have the potential to create impacts as described above or any other human rights impacts?
negative impacts to water accessibility by the local communities?  No  Yes  
 No   Yes  
6. Does the Company’s construction or operation have the potential to create
negative impacts to resources accessibility by the local communities?
 No   Yes  

Cultural Impacts
7.Does the land have an important role to cultural heritage? (such as religious, art,
history, architectural or environment)
 No   Yes  
2. Key Human Rights Risks Related to Employees (20 Items)
Poor management of employment process may lead to labor violation and forced labor. Local and migrant labor should receive equal
treatment, non-discrimination, complied with labor laws, good practices to prevent forced labor, promote gender equality, safety workplace, freedom of
association and collective bargaining

Employees Symbol  Low Risk  Proceed with  Contact specialists

 High Risk implementation
 Seek additional information
Labor Law Compliance Occupational Health and Safety
1.Do employees understand their pay and compensation terms? 12. Does the Company provide safety training and personal protective
 Yes   No    equipment for employees?
2.Does the Company provide a written employment contract? Do employees  Yes   No  
understand regulations and contract term in the employment contract? 13. Do employees have ability to access many areas such as canteen or
 Yes   No    toilet without restriction?
3.Does the Company pay overtime under legal rate to employees?  Yes   No  
 Yes   No   
4.Does the Company provide letter of agreement on working conditions, Freedom to Complain, of Association and Negotiation
employment status, working condition, and define fair compensation to 14. Does the Company provide safeguard threats any threatening actions
employees? to labor union committee?
 Yes   󠄂 No    Yes   No   
15. Does the Company support or allow the establishment of independent
Non-Discrimination employee groups in various forms such as labor unions or un-official
5. Does the Company set non-discrimination policy, covering race, language, groups to freely discuss work issues?
gender, marital status, disability, religion and personal opinions?  Yes   No   
 Yes   No   
6.Does the Company provide equal opportunities and non-discrimination, Employee Privacy
covering women, disabled or other disadvantage groups? 16. Does the Company only use employee information strictly for
 Yes   No    business purpose?
7.Does the Company employ at least one disabled person per 100 non-disabled
employees, or support annual budget for the promotion and development of  Yes   No   
quality of disabled person? 17. Employees personal information will not be used to discriminate, yes
 Yes   No    or no?
8.Does the Company provide training and development opportunities to  Yes   No   
employees properly?
 Yes   No    Discipline and punishment
18. Does the company not support any mental and physical punishment
to employee?
Labor Protection
9. Does the Company have no child labor under 15 year-old?  Yes   No  
 No   Yes    19. Does the company have any remediation workplace violation,
10.Does the Company have no female workers working in risky conditions or sexual harassment or discrimination and response effectively which
other tasks as prescribed in the Ministerial Regulations came from verbal, posture, touch or any method else?
 No   󠄂 Yes     Yes   No  
20. Does the company have a complaint mechanism from threat and
No Forced Labor discrimination in place?
11. The Company does not use or has benefitted from forced labor, including  Yes   No  
physical punishment, coercion, imprisonment, threats, human trafficking or
violence, yes or no?
 Yes   No   
3. Key Human Rights Risks to Contractors (15 items)
Contractors Symbol  Low Risk  Proceed with  Contact specialists
 High Risk implementation
 Seek additional information
Employment 11. Do labor contractor’s receive compensation and other welfare equally with
1. Does the Company only employ permanent employees for key functions? their own employee?
 Yes   No     ไม่ใช่   ใช่   
2.Do outsources make up of no more than 30% of total workforce?
 Yes   No    Contractor Management
3. Does the Company have management mechanism to ensure that only 12. Does the company apply Termination and Re-hire policy to avoid
reputable companies and agents are used? (proper business license, permanent employment benefit?
compliance with the laws, etc.)  No   󠄂 Yes   
 Yes   No    13. Do labor contractors who worked continuously for more than one year?
4. Do the Company's day labor contractors receive fair compensation and  ใช่   ไม่ใช่   
benefits in accordance with labor law? 14. Does the company or agent have any written documents or policies:
 Yes   No    - The criteria of the minimum age of employees for hiring job
5. Does the Company have no child labor under 15 year-old? - Payment and minimum rate of overtime payment
 Yes   No    - Leaving days and working hours
- Freedom for association for collective bargaining
6 Does the Company or agent pay compensation, social security, provident
- Non-discrimination
fund, and other benefits for the contractors in accordance with the laws?
- Unthreaten violation employee
 Yes   No   
- Unseize the passport of migrant labor (No forced labor)
 Yes   No  
Work Environment
15. Does the company or agent accessibility to contractors' labor assessment
7. Do labor contractors receive necessary trainings covering safety as well as
result and labor standard compliance of contractors?
receive personal protective equipment?
 Yes   󠄂 No 
 Yes   No   
8. Do labor contractors have ability to access many areas such as canteen,
medical room, or toilet without restriction?
 Yes   No   
9. Does the company have process to conduct audit on the use of labor by
suppliers and partners on a regular basis?
 Yes   No   
10. Does the Company have accessibility to contractors’ labor assessment
results and compliance with labor standards of the contractors?
 Yes   No   
4. Key Human Rights Risks to Local Communities and Society Around the Operation Sites (10 items)

Local communities and Symbol  Low Risk  Proceed with  Contact specialists
society around the operation  High Risk implementation  Engage the community
sites  Seek additional information

Environmental Management Security and Safety

1. Does the Company abide by all environmental managements law and 6. Does the Company have emergency management plans/ measures
regulations? including emergency drills to ensure business continuity?
 Yes   No      Yes   No    
2. Does the Company regularly communicate environmental performance and 7. Does the Company have emergency communication channels for
impacts to the communities and society? communities including providing response guidance to the communities
 Yes   No     during emergencies?
3. Does the Company provide grievance channels and remediation action on  Yes   No    
environmental impacts to communities/ society surrounding the operation?
 Yes   No     Regulatory Compliance
8. Does the Company never have an environmental and social violation
Social Welfare case?
4. Does the Company conduct survey of the local community to receive  Yes   No    
feedbacks, needs, and expectations at least once a year? 9. Does the Company never have any human rights violation against the
 Yes   No     surrounding communities?
5. Does the Company have a plan to foster relationship with the surrounding  Yes   No    
communities, providing equal opportunities, non-discrimination covering women,
people with disabilities and others disadvantaged groups? Confidentiality
 Yes   No     10. Does the Company have confidentiality mechanism for complainants/
affected people?
 Yes   No    
5. Key Human Rights Risks to Customers and Consumers (13 items)

Customers and consumers Symbol  Low Risk  Proceed with  Contact specialists
 High Risk implementation  Engage the community
 Seek additional
information
Products and Services 7. Does the Company have prevention and mitigation programs covering
1. Does the Company provide details on products and services, prices, quality harassment, violence or other serious damages in order to prevent risks to
to customers/ consumers? the customers?
 Yes   No    Yes   No   
2.Does the Company provide accessible places for every groups of customers
(elderly/ disable people)? Non-Discrimination
 Yes   No    8. Does the Company provide equal treatment, non-discrimination to all
3. The Company never violates any consumer protection law, yes or no? customers, covering nationality, language, gender, disability, religious and
 Yes   No    personal comments?
4.The Company never violates any laws related to propaganda or false  Yes   No   
advertisement that can mislead the consumers, yes or no?
 Yes   No    Protecting Personal Private Information
5. Does the Company provide communication channel/ grievance and 9. Does the Company inform customer personal data management approach,
remediation action to customers in case of negative impacts received from the data confidentiality, data accessibility and usage to the customers?
Company’s products and services?  Yes   No   
 Yes   No    10. Does the company delete or destroy customer's personal data after
withdrawal consent?
Safety  Yes   No   
Does the Company provide safety measures to customers when they are using 11. Does the Company have credit card payment processing that meet data
the Company’s products/ services? protection and security standards to protect customers' information?
• Provide warning signs and directions to minimize accidents  Yes   ไม่ใช่   
• Install closed circuit cameras in public area 12. The Company does not share customers' information with a third-party
• Install lighting system without the customer consent, yes or no?
• Provide security guards or responsible security employees  Yes   No   
• Install alarm system 13. Does the disabled employee convenience accessibility to products or
services?
• Conduct fire safety emergency drill
 Yes   No   
 Yes   No   
 6. Key Human Rights Risks to Suppliers (12 items)

Suppliers Symbol  Low Risk  Proceed with  Contact specialists

 High Risk implementation  Engage the community
 Seek additional
information
Production Process: The location and environment of suppliers and Security
contractors are mainly criteria for coping with potential human rights impact 7.If the supplier's products was produced from home workers/independent
1. Does the supplier's products was produced by supplier's organization? contractors. Are there any mechanism to ensure that child labor violation will
 Yes   No    not involve?
2. Does the supplier's products or their process came from severely violation  Yes   No   
area? 8. Are all work done voluntarily?
 No   Yes    Yes   No   
3.Does the suppliers/contractors business have the potential to create negative
impacts to water or resources accessibility by the local communities? Occupational Health and Safety: To maintain, keep safely workplace and
 No   Yes   appropriate training will prevent any injury or incident in process and very
4.Does the supplier's organization ensure that all contractor and migrant labor important for dealing with human rights impacts.
receive compensation and other welfare equally with their own employee? 9. Does the suppliers/contractor's workers receive training on Occupational
 Yes   No    Health & Safety topics and use adequate and proper PPE?
 Yes   No  
Workplace Environment 10. If supplier's products produced from their business factory. Are they
5. Does the suppliers/contractors take any children at workplace? followed Thailand's Occupational Health & Safety laws & regulations
 No   Yes     requirement?
6. If "Yes" to the above question. Does the suppliers/contractors have a facility  Yes   No  
for child? 11. If the supplier engaging with NGO, government or community for
 Yes   No    improving employee human rights. Does the supplier apply Human Rights
Due Diligence process?
 Yes   No   
12.If supplier's product post branded owner product. Does the supplier have
a selection process for Tier 1 supplier regarding to law compliance?
 Yes   No  
7. Key Human Rights Risks to Migrant labor (15 items)

Migrant labor Symbol  Low Risk  Proceed with  Contact specialists

 High Risk implementation  Engage the community
 Seek additional
information
Migrant labor recruitment: Company shall develop written contract of 8.Does the migrant labor received his/her compensation not less than law
employment with legally employment agency. compensation rate and welfare?
1. Does the company have a employee compensation rate policy?  Yes   No   
 Yes   No   9. Are there any mechanism to ensure that non-discrimination provision
2. Does the company prohibits the use of sub-agent? required for all migrant labors?
 Prohibit   not prohibit     Yes   No 
3.Does the company refused to hire any job discrimination, physical harassment 10. Does the migrant labor can return to their home country safely in the
or kidnapping? proper time with received all payment?
 Prohibit   not prohibit     Yes   No 
4.Does the company pay for all recruitment fees, such as visa application,
medical fee, etc.? สภาพแวดล้อมในทางาน
 Yes   No     11. Are the working hours complied with law?
 Yes   No 
Passport/ID card 12.Does the company provide occupational health and safety welfare to
5. Does the migrant labor accessibility to his/her passport or any concern migrant labors?
documents?  Yes   No 
 Yes   No    13.Are there any mechanism to ensure that non-discrimination provision
required for all migrant labors?
Employment Criteria: Employer shall be informed all migrant labors regarding  Yes   No 
to employment criteria before starting work to prevent any deception which lead 14.Does the migrant labor accessibility reach to complaint mechanism?
to force labor.  Yes   No 
6. Does the company provide clearly communication in native language about 15.Are they respect the rights to association freedom and collective
employment criteria to migrant labor? bargaining of migrant labor?
 Yes   No    Yes   No 

Security and Safety

7. Does the company specify the additional employment criteria after migrant
labors signed contract?
 Prohibit   not prohibit 
8. Key Human Rights Risks to third-party contracted labors (12 items)

Third-party contracted Symbol  Low Risk  Proceed with  Contact specialists

labors  High Risk implementation
 Seek additional information
Employment Workplace Environment
1.Does the sub-contractor (Third-party contracted labors) receive compensation, 7.Are the Third-party contracted labors apply the occupational health and
welfare, employment period and criteria information before starting work? safety prevention same as full-time labors?
 Yes   No     Yes   No 
2. Does the company hire "sub-contractor (Third-party contracted) labor" just for 8.Are the Third-party contracted labors accessibility to use all common
business need only? facilities; i.e., canteen, toilet, first aid room?
 Yes   No    Yes   No 
3. Are the Third-party contractors voluntarily for working?
 Yes   No  Non-Discrimination
4.Are the Third-party contractor labors between 15 and 18 years of age were 9.Are the Third-party contracted labors receive compensation and other
allowed to rest break of 1 hour for every four hours work? welfare equally with their own employee?
 Yes   No   Yes   No 
5. Are the Third-party contracted labors not work more than 35 hours/week and 10.Does the company have a Non-Discrimination employment Policy which
not exceed 8 hours/day as per Thailand Labor law? included nationality, language, sex and religion?
 Yes   No     Yes   No  
6.Does the company specified employment criteria for Third-party contracted 11.Does the company have any remediation for workplace violation, sexual
labors work hours and be classified as full-time labors if exceed work hours? harassment or discrimination?
 Yes   No     Yes   No  
12.Does the company have a safely complaint mechanism for Third-party
contractors or part-time labors?
 Yes   No  