SUPPLIER CODE OF CONDUCT
Spectrum Brands, Inc
Dated December 2011
PURPOSE.
Operating on a global basis Spectrum Brands, Inc. is committed to the highest
standards of product quality and business integrity when we are dealing with our
customers, suppliers, business associates and employees. Spectrum is ensuring that
working conditions in the value chain are safe, that working rights are protected
and workers are treated respecting the cultural and legal differences found throughout
the world and that manufacturing processes are environmentally and socially
responsible. To these ends, Spectrum:
- is committed to a work environment that prohibits human trafficking, illegal or harmful child labor, compulsory, prison, forced or slave labor (“Human Trafficking and Slavery”) and physical abuse of workers; and
- expects its suppliers to comply, at a minimum, with the applicable labor and environmental laws and regulations of the country where the materials and products are produced.
Spectrum's Supplier Code of Conduct recognizes standards of the International Labour
Organization Conventions, the United Nations' Universal Declaration of Human Rights,
the United Nations' Convention on the Elimination of All Forms of Discrimination
against Women, the United Nations' Conventions on Children's Rights, the United
Nations' Global Compact, the Ethical Trading Initiative, the Organization of Economic
Cooperation and Development Guidelines for Multinational Enterprises. It applies to all
Suppliers who provide materials and products to Spectrum. Supplier must ensure that
Spectrum's Supplier Code of Conduct is also observed by Suppliers' subcontractors,
business associates or employees. Spectrum will seek to identify and utilize Suppliers
who share its commitment and reserves for itself or through third party auditors, the
right to conduct, or have conducted on its behalf, audits of production facilities and
business practices in order to monitor such Suppliers' commitments. Spectrum reserves
the right to cease doing business with any Supplier who does not share its commitment.
This Supplier Code of Conduct may be amended by Spectrum; its enforcement and/or
interpretation rests solely with Spectrum; and it does not confer or create any rights
in favor of any party other than Spectrum.
DEFINITIONS.
- Facility means the primary factory, processing or manufacturing plant
that produces the materials and products. Supplier, a subcontractor or third party
may own the Facility.
- Forced Labor means all work or service, not voluntarily performed, that
is obtained from an individual under the threat of force or penalty.
- Harmful Child Labor means the employment of children that is economically
exploitive, or is likely to be hazardous to, or interfere with, the child’s
education, or to be harmful to the child’s health, or physical, mental, spiritual,
moral or social development.
- Human Trafficking and Slavery means the recruitment, transportation,
transfer, harboring or receipt of persons, by means of the threat or use of force
or other forms of coercion, of abduction, of fraud, of deception, of the abuse of
power or of a position of vulnerability of or the giving or receiving of payments
or benefits to achieve the consent of a person having control over another person
for the purpose of exploitation.
- Materials and products means all raw materials, or goods or components
described in any Spectrum purchase order and all other materials and services
normally included with such materials or products.
- Spectrum means Spectrum Brands, Inc., its subsidiaries, affiliates and
joint ventures.
- Suppliers means the entities which provide the materials and products to
Spectrum and includes the entities' parents, affiliates and subsidiaries used by
such Suppliers in relation to the sale of the materials and products to Spectrum.
DOCUMENTATION.
All documentation that may be needed to verify compliance with Spectrum's Code
of Conduct and with all the applicable laws and regulations of the country where the
materials and products are produced must be maintained on-site at the facilities
where the materials are processed or produced or the goods manufactured. All such
documentation is to be made available upon the request of Spectrum or its third-party
auditor.
CHILD LABOR.
All workers shall be at least eighteen (18) years old unless the applicable
local law allows otherwise. Suppliers must maintain official and verifiable
documentation of each worker's date of birth, or lacking this documentation, have
some legitimate means of confirming each worker's age. Harmful Child Labor is
prohibited.
HUMAN TRAFFICKING, COMPULSORY PRISON OR SLAVE LABOR & PHYSICAL ABUSE.
Suppliers shall not use workers, (employees or contractors) obtained through
Human Trafficking, prison, Forced Labor or slave labor, or inflict any physical
abuse or corporal punishment.
LABOR AND EMPLOYMENT STANDARDS.
Suppliers shall comply with all national and local, provincial or other
applicable labor and employment laws and regulations of the country where the
materials and products are produced, including those laws that prohibit Human
Trafficking, Forced Labor or bonded labor and indentured servitude, regulate wage
and hour rules, allow employees to associate freely, regulate the use of foreign
contract or migrant workers and prohibit discrimination in hiring and employment
practices based on race, color, religion, gender, sexual orientation, age,
physical ability, national origin, political opinion, union membership or marital
status.
HEALTH, SAFEY AND HOUSING STANDARDS.
Suppliers shall comply with all national and local, provincial or applicable
laws and regulations of the country where the materials and products are produced
that are related to the health and safety of workers including such areas as
sanitation, preventing accidents, injury and the spread of communicable diseases,
first aid and emergency care, fire safety and safe and healthy residential
facilities as well as machine safeguarding.
ENVIRONMENTAL STANDARDS.
Suppliers and Facilities shall comply with all national and local, provincial
or other applicable environmental laws and regulations of the country where the
materials and products are produced that are applicable to their business practices
including such as waste management, handling and disposure of chemicals and others
dangerous materials, prohibition or restriction of specific substances in products,
labels, packaging.
FACILITY AUDITS.
At any time, with or without advance notice and at Supplier's expense, Spectrum
reserves the right to audit, without any restrictions, any or all Facilities
(including any of its suppliers or subcontractors). Spectrum may also authorize a
third party to audit any or all such Facilities (including any of its suppliers or
subcontractors), but only with Spectrum's express prior written authorization as
provided to Supplier and as Supplier is obligated to first verify with Spectrum.
Supplier shall require that the Facility's management provide unfettered access to
the Facility and all of its books and records to allow for a comprehensive audit to
be conducted, including an opportunity for confidential and private interviews with
Facility workers selected by the auditor. No retaliation of any sort shall be taken
against any workers or auditors.
Upon review of any unsatisfactory audit results, Spectrum, in its sole discretion,
reserves the right to require corrective action be taken. If Supplier fails to take
corrective action, Spectrum may stop current production and cancel contracts with
any non-conforming Supplier and such Supplier shall be liable for all related damages
incurred by Spectrum, including lost profits.
This Supplier Code of Conduct supplements and does not supersede or replace
the Spectrum Brands Code of Business Conduct and Ethics or any other written
Spectrum policy or procedure.
Spectrum reserves the right to amend this Code at any time.
The undersigned warrants and represents that (s)he is the __________________ of Supplier, has authority to bind the Supplier to comply with the terms of the Code and acknowledges Supplier’s responsibility to adhere to the Code. Supplier certifies that the products it sells to Spectrum comply with the laws of the country where Supplier does business.
Place, Date:
Company Name:
Name of Representative:
Title:
Signature: