address : felda segamat regional complex
Transcription
address : felda segamat regional complex
SIRIM QAS INTERNATIONAL SDN. BHD. Building 4, SIRIM Complex, No. 1 ,Persiaran Dato‟ Menteri, Section 2, P.O. Box 7035, 40911 Shah Alam, Selangor, Malaysia. File Reference EF00730002 RSPO ASSESSMENT REPORT CLIENT: FELDA AGRICULTURAL SERVICES SDN BHD (FELDA SEGAMAT SCHEME SMALLHOLDER) ADDRESS : FELDA SEGAMAT REGIONAL COMPLEX KM 5, JALAN GENUANG, 89000 SEGAMAT, JOHOR DARUL TAKZIM, MALAYSIA PALM OIL MILL: NONE FELDA SEGAMAT SCHEME SMALLHOLDER CERTIFICATION UNIT: 1. FELDA CHEMPLAK BARAT, 85300 LABIS, JOHOR DARUL TAKZIM 2. FELDA TENANG, 85300 LABIS, JOHOR DARUL TAKZIM 3. FELDA CHEMPLAK, 85300 LABIS, JOHOR DARUL TAKZIM 4. FELDA KEMELAH, 85040 SEGAMAT, JOHOR DARUL TAKZIM 5. FELDA PEMANIS 1, 85009 SEGAMAT, JOHOR DARUL TAKZIM 6. FELDA PEMANIS 2, 85009 SEGAMAT, JOHOR DARUL TAKZIM 7. FELDA MEDOI, 85050 SEGAMAT, JOHOR DARUL TAKZIM 8. FELDA SRI LEDANG, 85220 JEMENTAH, LEDANG, JOHOR DARUL TAKZIM 9. FELDA BUKIT SERAMPANG, 85210 JEMENTAH, LEDANG, JOHOR DARUL TAKZIM 10. FELDA LENGA, 84040 MUAR, JOHOR DARUL TAKZIM 11. FELDA TUN GHAFAR MACHAP / MENGGONG,78000 ALOR GAJAH, MELAKA 12. FELDA TUN GHAFAR KEMENDORE,77000 JASIN, MELAKA 13. FELDA TUN GHAFAR BUKIT SENGGEH, 77100 ASAHAN, MELAKA 14. FELDA CHEMPLAK TIMUR, FELDA GUGUSAN MAOKIL, 85300 LABIS, JOHOR DARUL TAKZIM 15. FELDA PALOH, 86007 KLUANG, JOHOR DARUL TAKZIM ASSESSMENT DATE: STAGE 1 : 16TH DECEMBER 2010 DURATION : 2 AUDITOR DAYS STAGE 2 : 16TH - 18TH FEBRUARY 2011 DURATION : 12 AUDITOR DAYS SUPPLEMENTARY: 14TH – 1`5TH FEBRUARY 2012 DURATION:: 4.5 AUDITOR DAYS STANDARD: ROUNDTABLE ON SUSTAINABLE PALM OIL (RSPO) INCLUDING SMALLHOLDER RSPO STANDARD FOR GROUP CERTIFICATION: 26 AUGUST 2010 AND MALAYSIA NATIONAL INTERPRETATION WORKING GROUP (MY-NIWG) : NOV 2010 SCOPE OF CERTIFICATION ASSESSMENT: PRODUCTION OF OIL PALM FRESH FRUIT BUNCHES i Table of Contents Page no Abbreviation Used ………………………………………………………………………… 1.0 iv INTRODUCTION .............................................................................................................. 1 1.1 DESCRIPTION OF THE CERTIFICATION UNIT ...................................................................... 1 1.2 DESCRIPTION OF FELDA AND ITS SETTLERS SCHEME ...................................................... 2 1.3. ORGANISATION STRUCTURE IN A SCHEME ........................................................................ 3 1.3.1 Settler’s Institution ............................................................................................... 4 1.3.2 Human Capitals at FELDA Segamat Scheme Smallholders (FSSS) .................. 5 1.3.3 Facilities provided in a scheme ........................................................................... 5 1.4 WORKFORCE COMPOSITION ............................................................................................ 5 1.5 TIME BOUND PLAN FOR OTHER MANAGEMENT UNITS ....................................................... 6 1.6 LOCATION OF SCHEMES .................................................................................................. 8 1.7 DESCRIPTION OF FFB PRODUCTION ................................................................................ 9 1.8 OTHER MANAGEMENT SYSTEM CERTIFICATION HELD ......................................................11 1.9 ORGANIZATIONAL INFORMATION/CONTACT PERSON........................................................11 1.10 APPROXIMATE FFB TONNAGES OFFERED FOR CERTIFICATION ........................................11 2.0 2.1 2.2 2.3 2.4 2.5 3.0 ASSESSMENT PROCESS .............................................................................................12 ASSESSMENT METHODOLOGY (PROGRAM, SITE VISITS) ..................................................12 DATE OF NEXT SURVEILLANCE VISIT ..............................................................................13 ASSESSMENT TEAM .......................................................................................................13 SUPPLEMENTARY ASSESSMENT TEAM ............................................................................15 STAKEHOLDER CONSULTATIONS ....................................................................................16 ASSESSMENT FINDINGS ..............................................................................................17 SECTION A - RSPO STANDARD FOR GROUP CERTIFICATION .....................................................17 SECTION B – RSPO MYNI:2008 STANDARD ............................................................................27 4.0 COMMENTS FROM STAKEHOLDER ............................................................................97 5.0 ASSESSMENT RECOMMENDATION ............................................................................97 6.0 CERTIFIED ORGANIZATION’S ACKNOWLEDGEMENT OF INTERNAL RESPONSIBILITY AND FORMAL SIGN-OFF OF ASSESSMENT FINDINGS ..............97 ii List of Tables Table 1 Total and Composition of Workers in the Certification Unit Table 2 Time Bound Plan for Certification Units Table 3 Location of Schemes Table 4 Average Annual FFB Contribution by Each Schemes Table 5 Year of Establishment of Schemes by Area Planted with Oil Palm Table 6 Approximate FFB Tonnages Claim for certification Table 7 Monthly rainfall recorded by FELDA Paloh List of Attachments Attachment 1a Location map for FELDA Segamat Smallholder Scheme in neighbouring context Attachment 1b Location map for each schemes Attachment 2 Assessment programme Attachment 3 List and Comment from Stakeholders Attachment 4 Non-Conformity Report Attachment 5 List of Opportunity for Improvements iii Abbreviations: BOD B.Sc. CHRA CoC COD CPO CU DID DOE DOSH EARA EB EFB EMP EPF EQA ERT FIC FFB GAP GPS GPW GSA Ha HCV HIRARC IEMA IPM ISP IRCA JCC JKKR M.E MSDS MNS MOA MPOA MPOB MYNI MYNI – WG NCR NGO OER OFI OHD OSH OHSAS PERKESO PDRM Biochemical Oxygen Demand Bachelor of Science Chemical Health Risk Assessment Consolidated Annual Charges Chemical Oxygen Demand Crude Palm Oil Certification Unit Drainage and Irrigation Department, Malaysia Department of Environment Department of Occupational Safety and Health Environmental Auditors Registration Association Executive Board Empty Fruit Bunch Environmental Management Plan Employees Provident Fund Environmental Quality Act Endangered, Rare and Threatened Species FELDA Investment Cooperative Fresh Fruit Bunch Good Agricultural Practice Global Positioning System Gabungan Pembangunan Wanita (Women Development Association) Group Settlement Act Hectares High Conservation Value Hazard Identification, Risk Assessment and Risk Control Institute for Environmental Management and Assessment Integrated Pest Management Incorporated Society of Planters International Register of Certificated Auditors Joint Consultative Committee Jawatankuasa Kemajuan Rancangan (Scheme Development Rancangan) Master of Engineering Material Safety Data Sheet Malaysian Nature Society Memorandum of Alliance or Agreement Malaysian Palm Oil Association Malaysia Palm Oil Board Malaysia National Interpretation Malaysia National Interpretation – Working Group Non-Conformity Report Non Governmental Organisation Oil Extraction Rate Opportunity for Improvement Occupational Health Doctor Occupational Safety and Health Occupational Health and Safety Assessment Series Social Security Organization Polis Di-Raja Malaysia iv Ph.D. POM POME PPE RSPO SIA SS SOP USA USECHH WTP WWF Doctor of Philosophy Palm Oil Mill Palm Oil Mill Effluent Personal Protective Equipment Roundtable on Sustainable Palm Oil Social Impact Assessment Suspended Solid Standard Operating Procedure United States of America Use and Standards of Exposure of Chemicals Hazardous to Health Water Treatment Plant World Wide Fund for Nature v RSPO ASSESSMENT REPORT 1.0 INTRODUCTION 1.1 Description of the Certification Unit The certification unit (CU) of FELDA Segamat Scheme Smallholders (FSSS), one of the eleven regional complexes of FELDA for smallholder schemes was assessed for certification against the RSPO Principles and Criteria for Sustainable Palm Oil Production, including smallholder, RSPO Standard For Group Certification: 26 August 2010 and Malaysia National Interpretation Working Group (RSPO MYNIWG: November 2010). The smallholder schemes are land owned by settlers in accordance with the Group Settlement Act (GSA) 1960. These eleven regional complex smallholder schemes throughout Malaysia are managed by the Federal Land Development Authority, in short FELDA, a government of Malaysia owned agency. (Kindly note, the term smallholders and settlers are used interchangeably and they mean the same) FELDA Segamat Scheme Smallholders (FSSS) commenced its operations in May 1957. It has a total of thirty six schemes under its care and fifteen of which are offered for certification to RSPO. The development of the schemes began with the planting of rubber trees. In August 1957 it began embarking on the plantation of oil palm at FELDA Kemendore. The rest followed in stages and the last planting was in 1977 at FELDA Pemanis 1. The assessed CU comprised of the following oil palm schemes: 1. FELDA Chemplak Barat, 85300 Labis, Johor Darul Takzim 2. FELDA Tenang, 85300 Labis, Johor Darul Takzim 3. FELDA Chemplak, 85300 Labis, Johor Darul Takzim 4. FELDA Kemelah, 85040 Segamat, Johor Darul Takzim 5. FELDA Pemanis 1, 85009 Segamat, Johor Darul Takzim 6. FELDA Pemanis 2, 85009 Segamat, Johor Darul Takzim 7. FELDA Medoi, 85050 Segamat, Johor Darul Takzim 8. FELDA Sri Ledang, 85220 Jementah, Segamat, Johor Darul Takzim 9. FELDA Bukit Serampang, 85210 Jementah, Segamat, Johor Darul Takzim 10. FELDA Lenga, 84040 Muar, Johor Darul Takzim 11. FELDA Tun Ghafar Machap / Menggong,78000 Alor Gajah, Melaka 12. FELDA Tun Ghafar Kemendore,77000 Jasin, Melaka 13. FELDA Tun Ghafar Bukit Senggeh, Nyalas,77100 Asahan, Melaka 14. FELDA Plantations Chemplak Timur, FELDA Gugusan Maokil, 85300 Labis, Johor Darul Takzim 15. FELDA Plantations Paloh, 86007 Kluang, Johor Darul Takzim Each of the above schemes is in turn managed by a Scheme Manager / Plantation Manager. The management of the operations of each scheme is coordinated by the FELDA Segamat Regional Office located at Km 5, Jalan Genuang, Segamat, Johor. Three of the above fifteen schemes namely FELDA Chemplak Barat, FELDA Kemelah and FELDA Tenang are managed by FELDA Technoplant Sdn. Bhd (hereafter referred to as FELDA Technoplant). FELDA Technoplant is a subsidiary of FELDA Holdings which is responsible for managing smallholder plantation areas from replanting to production of Fresh Fruit Bunches (FFB) as well as the maintenance of these planted areas. MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 1 of 131 In addition to the thirteen smallholder schemes under the FSSS, this group certification unit also covers two estates namely FELDA Plantations Chemplak Timur and FELDA Plantations Paloh which are managed by FELDA Plantations Sdn. Bhd., a subsidiary company formed to manage areas (that was not given to settlers) in a commercial manner. Each of these estates is headed by a Plantation Manager. 1.2 Description of FELDA and its Settlers Scheme FELDA is a government agency established under the Land Development Ordinance on 1st July 1956. Its objectives are: to provide land for the landless. to uplift socio-economic status of rural communities; and to encourage the development of a progressive, productive and disciplined settlers community. In the following year FELDA initiated the first land development by planting rubber trees at Lurah Bilut, Pahang. In 1958, five similar schemes were opened. Subsequently, via Group Settlement Act 1960 FELDA developed more areas. Currently, totalling 853,313 hectares (as of February 2011) of land have been opened for cultivation, infrastructure, settlers‟ settlement housing and public facilities for 104,940 settlers. From that, 811,140 hectares are agricultural area of which 722,946 hectares or 84.7 % are planted with oil palm plantation. The remaining area is planted with rubber, sugar cane, timber, and fruit trees and plot for research and development. FELDA settlers‟ settlement area (village) accounts for 42,173 hectares or 4.9 % of land developed. The incorporation of FELDA allows it to provide integrated services with economies of scale related to the provision of economic opportunities for the settler‟s community to ensure stable income for the settlers. Managed as an estate style (1700 – 2000 ha.), a typical settlers‟ settlement includes between 300-400 settlers per scheme and each settler is given a house and a plot of land to farm. Under the FSSS each settler is assigned to a particular settlement, and is given 10 acres (4.0 ha.) of land to cultivate either rubber or oil palms. All settlers must reside at the settlement itself, and are allotted an additional 0.25 acres (0.10 ha.) in a planned village, where their home - already built by FELDA - is located. About 20 houses made up a block and each block chose its own representatives who voice their concerns to their Scheme Development Council (JKKR) and FELDA Management. All basic infrastructures, such as piped water, electricity, schools, clinics, and places of worship are provided either by FELDA or through government agencies. The costs of acquiring, developing and allocating the land are borne by loans made to FELDA settlers. These loans are repaid in monthly installments deducted from the settler‟s income over a 15-year period. Although settlers are supposed to focus on agricultural activities, they are encouraged by the government to participate in non-farm activities, such as entrepreneurship in SAWARI Program (food and craft industry) Agro-based industry, Business, Services and Related activities, etc, as side income. MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 2 of 131 1.3. Organisation structure in a scheme In a settlers‟ scheme, as evident in FSSS the management of the scheme is based on the structure as shown in Figure 1. Figure 1: Organisation structure in a scheme Manager Field (Kebun) Supervisor Administration Office staffs Social/ entrepreneurship SDO/ASDO Supervisor There are two committees in a scheme, one representing FELDA, referred to as Management Committee and the other representing the settlers, known as Settler Committee. The Scheme Manager besides being responsible to coordinate and manage all aspects in a scheme in an estate like manner is also responsible to the General Manager FSSS, in ensuring that his scheme is secure with settlers, their dependant get adequate income, and ultimately FELDA fulfill their social, educational and economic obligations/needs. MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 3 of 131 The FSSS General Manager is responsible to the Deputy Director General (Farming and Plantations) who in turn reports to the Director General and subsequently upwards to the Board of Directors. The settlers‟ obligation is to farm their land in accordance to Good Agricultural Practices determined by the Scheme Manager. The Manager together with his Field Supervisors will oversee that the settlers conform to these practices by making daily field visits. The duties of office staff are to monitor the implementation of all activities in a scheme and maintain certain records of implementation. The binding contract between a settler and FELDA is an agreement tying both parties for a CoC (Consolidated Annual Charges). 1.3.1 Settler’s Institution Leadership and involvement of settler‟s in scheme management is shown in Figure 2 and are implemented through: Block Management Scheme Development Committee (Jawatankuasa Kemajuan dan Keselamatan Rancangan - JKKR) JKKR Coalition Settler's Consultancy Committee (Jawatankuasa Perunding Peneroka - JKPP) Women Association Movement (Gerakan Perkumpulan Wanita – GPW) All of these Settler's Bodies play major roles toward Settler's Institution development. National Level Regional Level Scheme Level Block Level Block Level Block Level Figure 2 : Settler Participation in Management MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 4 of 131 JKKR Coalition is the supreme council for settlers at the Regional level aimed to unite ideas, efforts and energy towards improving production, farm development and formation of settler's family well being. Settler's top involvement and participation in the management and administration of the scheme is through Settler‟s Consultancy Committee, (JKPP). JKPP is a supreme council where committee members consisted of FELDA's top management and Heads of Male/Female Settlers as well as Youth leaders. JKPP becomes the relation and consultation body between Head of Settlers and FELDA's management. Other roles of JKPP are to study, check, consider and take resolutions of policies concerning settlers. 1.3.2 Human Capitals at FELDA Segamat Scheme Smallholders (FSSS) A scheme, as mentioned above, normally would comprise between 300 – 400 smallholders and the scheme is divided into blocks. At FSSS the overall land area planted with oil palm trees is 10,384 ha. Those cultivated with oil palm are 2,777 ha. in Melaka and 7,607 ha. in Johor. Number of oil palm settlers are 801 in Melaka and 1,489 in Johor making up a total of 2,290 oil palm settlers within the 13 schemes. In the FELDA schemes assessed, each block typically consists of 20 settler families. They among themselves elect Block Leaders and each block is represented by 2 Block Leaders. The leaders co-ordinate activities within their group members. Collectively, the settlers through their committee can raise issues of concerns to the Management Committee who via their authority would resolve them amicably. If it cannot be resolved at the Scheme Level, it can be escalated to the Regional and National Level as described above under Settler‟s Institution. There are also local stakeholders in a scheme. Local stakeholders are organizations/groups involved with the settler community / management such as Gerakan Perkumpulan Wanita and Majlis Belia (Youth Council). In the FELDA schemes assessed, besides the Scheme Manager and depending on the size of the scheme, there usually is between 5-10 other staff comprising of Field Supervisors, office clerks and driver. 1.3.3 Facilities provided in a scheme Through site visits, the assessors witnessed the presence of the following infrastructure in all schemes assessed. It include mosque, primary school, religious school, staff quarters, shops, cooperative garage and motor vehicle workshop, scheme/plantation administration office, fertilizer store and community hall. 1.4 Workforce composition The total and composition of the workforce of the fifteen (15) schemes assessed under FSSS is as shown in Table 1. MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 5 of 131 Table 1: Total and Composition of Workers in the Certification Unit Operating Unit Local Foreign Sub-Total FELDA CHEMPLAK BARAT 90 20 110 FELDA TENANG 32 14 46 FELDA CHEMPLAK 4 20 24 FELDA KEMELAH 6 50 56 FELDA PEMANIS 1 24 6 30 FELDA PEMANIS 2 5 - 5 FELDA MEDOI 12 - 12 FELDA SRI LEDANG 3 9 12 FELDA BUKIT SERAMPANG 10 15 25 FELDA LENGA 20 12 32 6 20 26 15 23 38 5 35 40 7 56 63 9 83 92 248 363 611 FELDA TUN GHAFAR MACHAP/MENGGONG FELDA TUN GHAFAR KEMENDORE FELDA TUN GHAFAR BUKIT SENGGEH FELDA PLANTATIONS CHEMPLAK TIMUR FELDA PLANTATIONS PALOH Grand Total Foreign workers account for about 60% of the CU‟s total workforce. 1.5 Time Bound Plan for Other Management Units FELDA manages the smallholder schemes, owns oil palm plantations and operates 70 palm oil mills throughout Malaysia. To-date, FELDA has two of its CUs certified under the RSPO and after them this CU (FELDA Segamat Scheme Smallholders) is the latest one to be assessed for certification. FELDA is committed to ensuring that all their operations are certified within the planned time frame as shown in Table 2. MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 6 of 131 Table 2: Time Bound Plan for Certification Units Mill complexes to be certified in the respective years No 2009 2010 2011 2012 1 K.Gelanggi Jengka 21 Adela Palong Timor 2 L. Utara 6 Jengka 3 Lok Heng Triang 3 Jengka 8 Semencu Belitong 4 L. Utara 4 Waha Bukit Besar 5 Jengka 18 B. Kepayang 6 Segamat GC 8 2014 2015 Baiduri Ayu M. Puspita Selancar 2A Embara Budi Kembara Sakti N. Permata Selancar 2B Sampadi J. Barat Aring A Aring B L. Kemudi Besout Serting Kertih Ciku Kahang Bukit Sagu Sg Tengi Kulai Lepar Hilir Trolak Kerau H.Badai Kechau B Kemasul Nitar Neram Keratong 2 Mempaga J.Bistari Kemahang Tementi Penggeli Pancing Keratong 3 Maokil Kalabakan Cini 2 Keratong 9 Selendang Umas Cini 3 9 9 Serting Hilir F. Harapan Tenggaroh 11 T.Timor 7 Chalok J. Baru 10 2 2017 Pasoh 9 Total Complexes 2016 Tersang Padang Piol Bukit Mendi 7 2013 8 8 8 9 11 Kechau A To date, FELDA has been on schedule with the time bound plan for the certification of all the CUs. SIRIM QAS International Sdn. Bhd. (SIRIM QAS International) is now involved with the certification of FELDA Segamat Scheme Smallholders CU. MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 7 of 131 1.6 Location of Schemes The FSSS CU covers fifteen schemes, three in Melaka and twelve in Johor. The locations of the scheme are shown in Table 3. Table 3: Location of Schemes Scheme District, State *Latitude *Longitude FELDA Chemplak Timur Muar, Johor 2 17‟ 34” N 102 58‟ 44” E FELDA Paloh Kluang, Johor 2 14‟ 45” N 103 22‟ 14” E FELDA Kemelah Segamat, Johor 2 31‟ 26” N 102 57‟ 58” E FELDA Tenang Labis, Johor 2 26‟ 42” N 103 02‟ 26” E FELDA Chemplak Barat Labis, Johor 2 23‟ 29” N 102 56‟ 00” E FELDA Chemplak 2 22‟ 45” N 102 55‟ 48” E FELDA Medoi Labis, Johor Segamat, Johor 2 31‟ 40” N 102 52‟ 55” E FELDA Pemanis 1 Segamat, Johor 2 36‟ 13” N 102 53‟ 13” E FELDA Pemanis 2 Segamat, Johor 2 35‟ 33” N 102 54‟ 13” E FELDA Sri Ledang Ledang, Johor 2 23‟ 26” N 102 45‟ 48” E FELDA Bukit Serampang Ledang, Johor 2 20‟ 16” N 102 47‟ 25” E FELDA Lenga FELDA Tun Ghaffar Kemendore FELDA Tun Ghaffar Macap / Menggong FELDA Tun Ghafar Bukit Senggeh Muar, Johor 2 14‟ 28” N 102 51‟ 03” E Jasin, Melaka 2 21‟ 4” N 102 24‟ 23” E Alor Gajah, Melaka 2 24‟ 43” N 102 18‟ 06” E Jasin, Melaka 2 23‟ 26” N 102 27‟ 51” E * Coordinate readings were taken at the respective scheme administrative office In the immediate vicinity of the assessed schemes SIRIM QAS assessors noted the following of interest to be reckoned by FELDA : At FELDA Tun Ghaffar Bukit Senggeh / FELDA Tun Ghaffar Kemendore and FELDA Kemelah there are two aboriginal villages, that is, Kg. Gapam Baru and Kg. Segamat Kecil, respectively. The FELDA Tun Ghaffar Bukit Senggeh is bordered to the west by Hutan Simpan Bukit Senggeh and FELDA Tun Ghaffar Kemendore is bordered to the east by Hutan Rekreasi Bukit Langsat. Sungai Batang Melaka passes through FELDA Menggong which is an intake for Gadek Water Treatment Plant. Adjacent to the north of FELDA Paloh is Sungai Tamok. MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 8 of 131 The location map of the CU is shown as in Attachment 1a whereas the map of the assessed schemes is shown in Attachment 1b. 1.7 Description of FFB Production All the fifteen schemes had been producing FFBs and sold their produce to private mills. FELDA had entered into an agreement with the private mills to ensure fair FFB pricing for the settlers. The average annual FFB contribution from each scheme is summarised in Table 4. Table 4: Average Annual (Jan 1st 2010 – 31st December 2010) FFB Contribution by Each Scheme Scheme FFB Production Tonnes Percentage FELDA Chemplak Timur 10057.12 7.92 FELDA Paloh 23961.45 18.86 FELDA Kemelah 7457.49 5.87 FELDA Tenang 8326.55 6.56 FELDA Chemplak Barat 7238.96 5.70 FELDA Chemplak 8447.15 6.65 FELDA Medoi 1596.13 1.26 FELDA Pemanis 1 3386.85 2.67 FELDA Pemanis 2 809.56 0.64 FELDA Sri Ledang 5233.45 4.12 FELDA Bukit Serampang 3552.91 2.80 FELDA Lenga 7210.61 5.68 FELDA Tun Ghaffar Kemendore 6798.41 5.35 FELDA Tun Ghaffar Macap / Menggong 8357.10 6.58 24583.64 19.35 127017.38 100.00 FELDA Tun Ghafar Bukit Senggeh Total Table 5 shows the details of the year of establishment of the scheme, their respective total land and area planted with oil palm, age of palm, planting cycle and percentage of planted area in each scheme. MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 9 of 131 Table 5: Year of Establishment of Schemes by Area Planted with Oil Palm Year of Establishment Year started/ switched to oil palm Total Area (ha) Planted Area (ha) Age of palm (Year) Planting cycle (1st / 2nd Generation) FELDA Chemplak Timur 1973 2004 957 957 6 1st FELDA Paloh 1992 1992 1312 1312 18 1st FELDA Kemelah 1961 1994 622 622 16 1st FELDA Tenang 1961 1986 771 771 24 1st FELDA Chemplak Barat 1972 2002 850 761 8 1st FELDA Chemplak 1963 1987 950 799 23 1st FELDA Medoi 1962 2001 193 193 9 1st FELDA Pemanis 1 1977 1979 263 260 31 1st FELDA Pemanis 2 1977 1979 74 74 31 1st FELDA Sri Ledang 1963 2000 678 675 10 1st FELDA Bukit Serampang 1961 1986 698 531 24 1st FELDA Lenga 1963 1986 862 652 24 1st FELDA Tun Ghaffar Kemendore 1957 1985 797 652 25 1st 1985 1988 582 542 22 1st 1973 2000 1583 1583 10 1st 11192 10384 - - Scheme FELDA Tun Ghaffar Macap / Menggong FELDA Tun Ghafar Bukit Senggeh Total MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 10 of 131 1.8 Other Management System Certification Held All schemes do not hold any form of third-party certification for any of the internationally recognized management systems. 1.9 Organizational Information/Contact Person Name Designation Address Telephone Fax e-mail 1.10 : Hj. Kasimon Saleh : General Manager : Km 5, Jalan Genuang, 85000 Segamat, Johor Darul Takzim, Malaysia. : +07-943 2410 / 013-380 0112 : +07-943 4182 : kasimon.s@felda.net.my Approximate FFB Tonnages Offered for Certification The approximate tonnage of FFB produced per year, as well as the tonnage claimed for certification, are as shown in Table 6 ( 6-1 & 6-2) as follows: Table 6-1: Details of Approximate FFB tonnage Claimed for Certification Scheme FELDA Chemplak Timur FELDA Paloh FELDA Kemelah FELDA Tenang FELDA Chemplak Barat FELDA Chemplak FELDA Medoi FELDA Pemanis 1 FELDA Pemanis 2 FELDA Sri Ledang FELDA Bukit Serampang FELDA Lenga FELDA Tun Ghafar Kemendore FELDA Tun Ghafar Macap / Menggong FELDA Tun Ghafar Bukit Senggeh Total Actual FFB production (1 Jan – 31 Dec 2010) in tonnes 10057.12 23961.45 7457.49 8326.55 7238.96 8447.15 1596.13 3386.85 809.56 5233.45 3552.91 7210.61 Forecasted FFB production (1 Jan – 31 Dec 2011) in tonnes 12403.00 30096.00 9941.00 13348.00 9034.00 8122.00 1837.00 3894.00 1017.00 7182.00 6070.00 10601.00 FFB claim for RSPO Certification (1 Jan – 31 Dec 2011) in tonnes 11956 29013 9583 12867 8709 7830 1771 3754 980 6923 5851 10219 6798.41 17394.00 16768 8357.10 8025.00 7736 24583.64 27095.00 26120 127017.38 166059.00 160081 MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 11 of 131 Table 6-2: Approximate FFB tonnage, CPO and PK Claimed for Certification Certification Unit FELDA Segamat Scheme Smallholders Tonnage Claimed for Certification (MT) for 2011 FFB CPO (OER=20.35%) PK (KR=5.07%) 160,000 32,560 8,112 2.0 ASSESSMENT PROCESS 2.1 Assessment Methodology (Program, Site Visits) The assessment for certification was carried out in three stages, namely Stage 1, Stage 2 and Supplementary Stage 2. The Stage 1 assessment was conducted to determine the adequacy of the established documentation in addressing the requirements of the certification standard, the RSPO MYNI November 2010. The Stage 1 assessment was conducted on 16th December 2010. There were three issues of concerns raised and FSSS CU had taken the necessary actions to rectify the issues. The assessor team had verified all the issues during the Stage 2 assessment and they were acceptable. The Stage 2 assessment was conducted from the 16th - 18th February 2011. The main objective of the Stage 2 assessment was to verify the CU‟s conformance to the requirements of certification standard, the RSPO MYNI (smallholder November 2010). The planning for the Stage 2 assessment was guided according to the RSPO Certification Systems Document. After studying the document at Stage 1, it was decided that the sampling formula of 0.8√y to determine the number of schemes to be audited would not be used as each supplying scheme selected had its own issues related to the requirements of the RSPO MYNI, that is, nearby aboriginal villages, State Forest Reserves and a river feeding a public water treatment plant passes through property. A total of seven schemes were assessed, namely one from FELDA Plantations Sdn Bhd., one from FELDA Technoplant Sdn. Bhd and five smallholder schemes. The supplementary Stage 2 assessment was conducted from 14th to 15th February 2012, after being informed that RSPO Standard for Group Certification (Final – approved August 2010) to be included in the assessment. The sample size assessed was categorized as High Risk = (0.8 √2290) x 1.4 = 48, as the assessed CU was geographically separated, has diverse sizes of plantation and bordering forest reserve. Some of the plantations are in the state of Melaka and the rest in the state of Johor with varied estate sizes from 74 ha. to 1583 ha. FELDA Lenga, Johor, bordered Hutan Rizab Maokil. Also, the FELDA Settlers Scheme were managed by FELDA Holdings but assisted on operational support by FELDA Technoplant, an outsource company providing services to Group Settlement smallholders from seedlings to harvesting and plantation upkeep. Although nineteen members (settlers) of the FSSS were assessed during the Stage 2 assessment but the total number assessed was deemed insufficient when viewed in light of the RSPO Standard for Group Certification. Forty additional members were assessed from two new schemes, namely FELDA Lenga (19 members) and FELDA Tenang (21 members) using the RSPO Standard for Group Certification (August 2010) and the RSPO: MYNI (Nov 2010) bringing the total to fifty-nine. The selection process was based on ethnicity (Chinese and MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 12 of 131 Malay), owners switched from rubber to oil palm and block sampling. Within the block sampling, random selection techniques were used. Therefore, the Supplementary Assessment then focussed on additional coverage of members to meet the minimum required number (48) as spelt out in the RSPO Standard for Group Certification and the Internal Control System that FSSS has (including the Chain of Custody). The assessment was conducted by visiting the fields, HCV habitats, aboriginal villages, settlers‟ houses, government clinics, workers quarters, shops, chemical and waste storage areas, landfill and other workplaces. Interviews were held with the CU‟s and the management of its FFB produce, employees, contractors and other relevant stakeholders. In addition, related records and other documentation were inspected. Details of the actual assessment programme are given in Attachment 2. 2.2 Date of Next Surveillance Visit The first surveillance audit will be conducted around twelve months from the date of issuance of the certificate. 2.3 Assessment Team Member of the Assessment Team Mahzan Munap Role/area of RSPO requirements Qualifications Collected over 370 days of auditing experience in OHSAS 18001 and MS 1722 OHSMS and RSPO (46 days for palm oil milling & 6 days for oil palm plantation). CIMAH Competent Person with Malaysian Department of Occupational Safety and Health (DOSH) since 1997. Occupational Safety and Health Trainer at INSTEP Petronas Lead Assessor / Successfully completed RSPO Lead Occupational Assessor Course – 2008. Health and Safety, Environment & Successfully completed Lead Assessor related legal issues Course for OHSAS 18001-2000. Successfully completed IRCA accredited Lead Assessor training for ISO 9001-2006 Successfully completed RABQSA accredited Lead Assessor training for ISO 14001-2008 MBA, Ohio University. B.Sc. Petroleum Engineering, University of Missouri, USA. Hj. Abdul Aziz Bin Assessor / Good Member of MYNI-WG. Abu Bakar Agricultural Thirty five years experience in plantation MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 13 of 131 Practices (GAP) management covering rubber and oil palm. and workers issues Attended a training on RSPO P & C and certification requirements in November 2009 10 days auditing experience in RSPO P&C Plantation Advisor to Farmers‟ Association, Perak. Technical Advisor to Bio-Industry Solution Sdn. Bhd. Involved in feasibility study of palm oil development of 20,000 ha in Pekan Baru, Riau Indonesia. Head of Special Project (M) Kumpulan Guthrie Bhd.- to conduct independent assessment on GAP and estates cost management. President Director of Minamas Plantation, Kumpulan Guthrie, Indonesia. – 2005 Official retirement. Director of Management Information Services (MIS) & Knowledge Management of Kumpulan Guthrie Bhd covering Malaysia and Indonesia plantations. Plantation Advisor and Quality Assurance, Kumpulan Guthrie Bhd. Estate Manager, Kumpulan Guthrie Bhd. Plantation Advisor, Sime Darby Plantation Sdn. Bhd. Management Development Programme (MDP), Asian Institute of Management (AIM), Philippine. Diploma in Agriculture, Universiti Pertanian Malaysia. 98 days of auditing experience in RSPO. Dr. Lim Hin Fui Over 50 days of auditing experience FSC and forest management certifications under the MTCS Successfully completed EARA approved Assessor / Social Lead Assessor training for ISO 14001 in issues and related 2009 legal issues Attended a training on FSC P&C and MC&I for FMC in December 1999 Attended Auditor Training Course on MC&I for Forest Management Certification, 2009 Attended Auditor Training Course on MC&I for Forest Management Certification (MC&I Forest Plantation), 2009 MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 14 of 131 Attended a training on RSPO P&C and certification requirements in November 2010 Head of Policy and Socio-Economic Branch, Forest Research Institute Malaysia Ph. D in social sciences, Universiti Malaya Khairul Najwan Ahmad Jahari 2.4 Assessor / HCV habitats & ecology 7 years experience in Forest related areas as a researcher with FRIM since 2003 32 man-days in auditing MC&I(2002) as forest auditor Attended Auditor Training Course on Malaysian Criteria and Indicators for Forest Management Certification [MC&I(2002)] organized by MTCC, April 2009. Attended Auditor Training Course on Malaysian Criteria and Indicators for Forest Plantation Certification [MC&I(2002)] organized by MTCC 2010. Attended a training on RSPO P & C and certification requirements in January 2011 Successfully passed EMS 14001: 2004 Lead Auditor Course, March 2009. Successfully passed OHSAS 18001: 2007 Lead Auditor Course, Feb 2009. Successfully passed QMS 9001: 2008 Lead Auditor Course, Feb 2009. B.Sc. of Forestry (Forest Management) M Sc Environmental (GIS Remote Sensing, still pursuing) Supplementary Assessment Team Member of the Assessment Team Mahzan Munap Ruzita Abdul Gani Role/area of RSPO requirements Lead Assessor / Occupational Health and Safety & related legal and social issues Qualifications As above Over 700 days of auditing experience, having audited on: ISO 14001, OHSAS Assessor, 18001 & RSPO. environmental and Five years experience in palm oil milling social issues Completed RSPO Lead Assessor Course – related to mill and 2008 plantation Successfully completed IRCA accredited Lead Assessor training for ISO 9001:2004 MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 15 of 131 Successfully completed IRCA accredited Lead Assessor training for OHSAS 180012005 Successfully completed EARA approved Lead Assessor training for ISO 14001:2002 B.Sc. (Hons) Chemical Engineering 1. Valence Shem 2.5 Collected more than 200 Auditor days in auditing ISO 14001 and RSPO Nine years experience in Oil Palm Plantation management Assessor / Good Successfully completed IEMA accredited Agricultural Lead Assessor training for ISO 14001: 2004 Practices (GAP) and environmental Successfully completed RSPO Lead issues Assessor training by Wild Asia and Proforest. B.Tech. (Hons) Industrial Technology Diploma In Science Stakeholder Consultations SIRIM QAS International Sdn Bhd (SIRIM QAS International) initiated the stakeholder consultation by announcing the invitation in the RSPO and SIRIM QAS International‟s websites on 14th January 2011. In addition, SIRIM QAS International had also sent invitations through letters to the relevant stakeholders, including government agencies and Non-Governmental Organizations (NGOs) on 14th January 2011. This was followed-up by telephone calls. . Whenever necessary, meetings with the relevant stakeholders were arranged during the on-site assessment. Please see Principle 6. The consultation with the government agencies had involved meetings and discussions with the relevant departments mainly to solicit information as well as verification on the CU‟s compliance with the applicable laws and regulations related to its operations. More details of consultation can be found in Attachment 3. The consultations with the NGOs were held to seek their comments mainly on the CU‟s compliance with those criteria related to the social and environmental issues. The method of consultation with the employees, settlers and FFB contractors, FELDA staff, harvesters, general workers, sprayers and transporters from the estate/schemes involved were through random sampling. The consultations which were conducted at the CU‟s office had included solicitation of comments on issues relevant to RSPO Standard for Group Certification and principles 4, 5 and 6 of the RPSO MYNI. The consultations with the local communities were held at two aboriginal villages during the times that were convenient to them. The intention was to (a) understand whether they claim any customary land within the CU and (b) solicit their views on the impact of the FSSS CU‟s operations on their economics and socio-cultural lives. MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 16 of 131 During the consultations, no management representatives from the CU were present. As such, the stakeholders had been able to present their views in a frank and open manner. Please refer to Attachment 3 that showed the list of stakeholders who were consulted during the various stages of the assessment process: 3.0 ASSESSMENT FINDINGS The findings of the assessment were highlighted and discussed during the on-site assessment. There were four Non-Conformities (three minor, one major) and nineteen Opportunities For Improvements being raised on the FSSS CU‟s (See Attachment 4 and Attachment 5 respectively), against the requirements of the RSPO Standard for Group Certification and RSPO MYNI. which the CU should improve upon to comply. The detailed findings of the assessment on the CU‟s compliance with the requirements of the RSPO Standard for Group Certification and RPSO MYNI are discussed below. The format is that all the elements of the RSPO Standard for Group Certification is discussed first under Section A and followed by RSPO:MYNI under Section B. Section A - RSPO Standard for Group Certification 1. Group Requirements 1.1. Group Elements 1.1.1 The group shall be managed by a central administration (i.e. The Group Manager), which is responsible for ensuring the group‟s compliance with the applicable standards and manages the Group Management Documentation. 1.1.2 The group shall consist of group members who have formally joined the group. 1.1.3 The Group Management Documentation shall include the documenting and monitoring of all the individual group members for membership status, production process, and other relevant aspects to ensure compliance with the relevant RSPO Standard for Sustainable Oil Palm Production and the RSPO Group Certification Requirements. 1.1.4 The Group Manager shall specify in the Group Management Documentation the maximum number of members that can be supported by the management system and the human resource and technical capacities of the Group Manager. FSSS meets the criteria as spelt out under the Group Requirements. The General Manager, Segamat Region is responsible for managing the 15 schemes seeking the RSPO certification. He via the Scheme and Plantation Managers ensures that these 15 schemes comply with the RSPO MYNI:2008 (Including smallholder NI Approved by the RSPO Executive Board November 2010) and the RSPO Standard for Group Certification: August 2010 and are managed as per FELDA Group Management Documentation – Manual RSPO (Group Certification System GCS), FELDA Operations Manual for Sustainable Palm Oil Production and Safety, Health and Environmental Manual. MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 17 of 131 FSSS currently consist of 2290 members who have formally joined the group. The individual farmer had signed an agreement with the Group Manger via document ML-1B- Surat Perjanjian Peneroka Menyertai GCS as per the requirements of Manual Lestari (Group Certification Management System) Issue 1, January 2012. It included the elements of the Group Certification Standard. Three members, at FELDA Kemelah, out of four hundred thirty one (3/431) have now been expelled due to non-conformance (see MM4) to the Group Certification System and Internal Control System requirements. It was assessed that with the current resources, technical capabilities and also expertise extended by its sister company, FELDA Agriculture Services Sdn Bhd (FASSB), FSSS is able to support the GCS. Again, with the current set-up FSSS can support up to 2500 members. Figure 1 shows the RSPO Organization Chart for FELDA Segamat Smallholder Scheme. Although there existed a unit and management system under the Group Manager responsible for managing members the efficiency of field implementation during Internal Assessment could be enhanced with additional “Pegawai Pertanian”. An OFI (MM) 1.1.4 has been assigned to this element. Information on Group members (membership status, land titles, palms planted, age of palm, FFB sold and payment made, and other relevant aspects to ensure compliance to RSPO Group Certification and RSPO:MYNI requirements) are kept in the central database under the SAP “Sistem Komputer Bersepadu” and can only be viewed/printed by assigned individuals with permitted level of access. 1.2 Compliance with standards 1.2.1 All group members that are formal members of the group seeking RSPO certification under group certification shall comply with the required relevant RSPO Standard for Sustainable Oil Palm Production. 1.2.2 Group managers may run a programme to support prospective members in achieving compliance with RSPO requirements. Where such a programme is in place, there must be robust mechanisms in place to ensure that neither the prospective members nor the Group Manager makes any claim suggesting they are RSPO certified. Once the prospective member is in compliance with the RSPO standard they shall be formally included as a member of the certified group. Until RSPO compliance is achieved, the FFB production from prospective member sites will not count towards the total certified production of the group. 1.2.3 Formal members of the Group shall sign an agreement with the Group Manager committing to achieving compliance with the relevant RSPO standard for sustainable oil palm production. The Group Manager and each member shall keep copies of the agreement. 1.2.4 All the individual group members shall adhere to and show evidence that the internal requirements, as set out in the systems, programmes or policies adopted by the Group Manager are met. 1.2.5 The group manager shall comply with the requirements of the RSPO Standard for Group Certification. 1.2.6 There shall be evidence to show that formal group members, individually and collectively, continually strive to maintain their compliance with the relevant RSPO Standard for Sustainable Oil Palm Production. In meeting to comply with RSPO MYNI:2008 and the RSPO Standard for Group Certification: August 2010 standards requirements, RSPO Awareness Training had been conducted to the settlers at the schemes assessed, the latest being 13th January 2012 at FELDA Lenga. The training records were sighted. It was evident that the Group Manager via their Scheme Managers had shared and explained the relevant requirements of the RPSO MYNI and the MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 18 of 131 RSPO Standard for Group Certification RSPO to the scheme smallholders. Members at the schemes assessed were interviewed and they understood the requirements of these standards. They showed their agreement by their willingness to join as members of FELDA Segamat Group Certification and abide by the Group Management Documentation. Procedure to seek prospective members in joining the Group was being formalized. Programs had already been on-going to support prospective members in achieving compliance to RSPO requirements. Among them were dissemination and sharing of RSPO information via “Lawatan Rabu, Blok Yassin, Mesyuarat JKKK, Mesyuarat GPW”, Paysheet system through Sistem Komputer Bersepadu and Evaluation/Internal Audit conducted by the Agricultural Officer. These programs were robust where the prospective members nor the Scheme Manager can claim suggesting they are RSPO certified until the on-site evaluation and internal audit of the prospective members had been jointly completed by the Agricultural Officer and the Sustainability Department Officer or the Scheme Manager and subsequently approved by the Group Manager. Attachment 1a in the RSPO Manual for Group Certification System. – “Surat Perjanjian Peneroka Menyertai GCS” (An Agreement to join the Group Certification System) had informed prospective members of their need to adhere or comply to the relevant RSPO standard for sustainable palm oil production and if any non-conformities were spotted, they shall make good within three months from the issuance of the non-conformity. Also in this RSPO Manual - Group Certification System – the terms and conditions for expulsion of member had been spelt out. The Scheme Managers managed their schemes by adhering to company policies, procedures, circulars and instructions. For example, use of “FELDA Manual Ladang Bestari”, and the Safety, Health and Environmental Manual to comply with the requirements of the RSPO Standard for Group Certification. The same FELDA Manual Ladang Bestari was given to members free of charge for them to comply with Good Agricultural Practice.. There exists in the RSPO Manual for Group Certification System the requirement for Annual Internal Assessment based on Risk Factors Sampling. This will be conducted by the Agricultural Officer and occasionally witnessed by the Sustainability Department. The objective was to ensure that members (individually or collectively) continually strive to maintain their compliance to the RSPO requirements. 1.3. Group Manager The Group Manager f the Group shall demonstrate its capacity for managing group certification and performance assessment against the RSPO Standard for Group Certification. 1.3.1 The Group Manager shall be either a legal entity or an individual acting as a legal entity. 1.3.2 If the Group Manager is not an individual, there shall be a description of the general structure of the Group Manager detailing the positions and responsibilities of all personnel clearly identified. 1.3.3 The Group Manager and/or their personnel shall be able to communicate in a language understood by all group members (in both spoken and written form). 1.3.4 The Group Manager and/or their personnel shall be able to demonstrate knowledge of the requirements of oil palm production, the RSPO Standard for Sustainable Oil Palm Production, the RSPO Standard for Group Certification, and internal group procedures and policies. MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 19 of 131 1.3.5 The Group Manager and/or their personnel shall not have any conflict of interest likely to affect their capacity to meet the requirements for Group Managers and shall be able to provide evidence of this. 1.3.6 The Group Manager shall demonstrate sufficient resources – i.e. human, financial, physical and other relevant resources – to enable effective and impartial technical and administrative management of Group Certification. 1.3.7 The Group Manager shall have the capacity to control, monitor and evaluate all members pertaining to their compliance to the RSPO requirements including communicating with them and visiting them at the required frequencies. 1.3.8 The Group Manager shall have a documented system which sets out its mission and objectives, policies and procedures for operational management and decision making in order to demonstrate ability to manage the group in a systematic and effective manner. 1.3.9 There shall be clear policies and procedures for communication between the Group Manager and group members. 1.3.10 The group manager shall ensure all formal and prospective members understand the relevant RSPO Standards. This may include the development of a strategic plan on how group certification shall be achieved for prospective members, and the identification, definition and/or provision of training needs and/or communication strategies relevant to the implementation of the applicable RSPO Standard for Sustainable Oil Palm Production and the RSPO Standard for Group Certification. This can be provided directly by the Group Manager, an externally run training course or other means of provision of training or expertise. 1.3.11 The Group Manager shall ensure that if any group marketing system is developed and managed for the group, this is mutually fair and transparent to enable the securing of raw materials or trading of the group members‟ collective produce, or setting-up of an equivalent arrangement. The group marketing system shall include; rules for purchasing and selling within the group, rules for claims of RSPO certified, dissemination of markets, and price information and related logistics (i.e. transportation to mill etc). 1.3.12 The Group Manager shall ensure that the total of all sales and claims of RSPO certified FFB production from group members does not exceed the total certified FFB production of the group in its entirety. For FELDA Segamat Scheme Smallholders, the Group Manager is the Segamat Region General Manager. An Organization Chart showing their structure is as shown below in Figure 1. The medium of communication both written and spoken to all the group members is in Bahasa Malaysia, the native language understood by all involved. The assessors interviewed the Group Manager, Scheme Managers, the Agricultural Officer and supporting staff (at schemes visited) who proved that they were able to demonstrate knowledge of the good agricultural practice of oil palm production, the RSPO MYNI:2008 and the RSPO Standard for Group Certification :August 2010, the internal group procedures, policies and legal requirements. Interviews with some group members revealed that to their knowledge, the Group Manager and/or their personnel do not have any conflict of interest in managing their schemes. In addition to the human resources already committed the Group Manager had demonstrated that there was sufficient commitment of financial, physical and other relevant resources to enable effective and impartial technical and administrative management of the FSSS Group Certification. Annual budget for road maintenance, field upkeep and social and welfare activities were sighted. In other words, the Group Manager via the Agricultural Officer and the Scheme Manager has the capacity to control, monitor and evaluate all members pertaining to their compliance to the RSPO requirements including communicating with them and visiting them at the required frequencies. Further, FSSS can also draw on the FASSB Sustainability Department‟s expertise to assist it in strengthening to meet RSPO requirements when desired. MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 20 of 131 Fig. 1. ORGANIZATION CHART - RSPO WILAYAH SEGAMAT 2011/2012 Group Manager Tuan Hj Kasimon Salleh Pegawai Pertanian Mohd Rohanas Mohd Nor Pegawai Kontrak & Bekalan Mohd Iskandar Yusof Ketua Kerani Mohd Nasir Ahmad Kerani Hamidah Adam Ketua Kerani Zainal Nong Kemelah Kemendore Peneroka Peneroka Peneroka Medoi Pemanis 1 Pemanis 2 Sri Ledang Peneroka Peneroka Peneroka Peneroka Bukit Serampang Bukit Senggeh Chempelak Peneroka Peneroka Peneroka Lenga Machap/Menggong Peneroka Peneroka Chempelak Barat Kerani Normah Idris Tenang Peneroka MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 21 of 131 Policies and procedures for operational management to achieve its mission and objectives to meet RSPO requirements had been made available and discussed in the RSPO MYNI under Safety and health plan (C4.7), Plans and impact assessments relating to environmental and social impacts (C 5.1, 6.1), Pollution prevention plans (C 5.6), Details of complaints and grievances (C 6.3), Negotiation procedures (C 6.4), Continuous improvement plan (C 8.1) Even though manual, policies and procedures were available for meeting RSPO:MYNI and RSPO Group Standard Certification requirements, improvements could be made to incorporate requirements of RSPO Standard for Group Certification in particular assurance of no over claim of RSPO Certified FFB.. An OFI has been raised against 1.3.4(MM), 1.3.8 (MM) and 1.3.12.(RA) Sales of FFB that had not passed through the Group Manager had not been claimed as RSPO certified. The Group Manager maintained records of total production, records of sales of RSPO certified FFB and other RSPO pertinent data of each member in the database parked in the centralized FELDA headquarters SAP software “Sistem Komputer Bersepadu” namely in Modul Peneroka, Modul Pertanian and Modul ZRSTM 210. Besides the RSPO Awareness Training given to all settlers and staff of FSSS, those programs undertaken with internal resources as discussed above in 1.2.2 of the Group Certification Standard had according to the Scheme Managers at Lenga and Tenang yield positive results. Members were more aware of the benefits of implementing RSPO. The Group Manager at FSSS did not have any group marketing system for its FFB. Where FELDA Palm Oil Mill exists near to the Smallholder‟s scheme, their FFB were sold within the group to the FELDA owned mill. Since there was no nearby FELDA Palm Oil Mill and via an Internal Circular on Contract and Supply dated 1 November 2010, the following FELDA Schemes at Lenga, Bukit Serampang, Sri Ledang. Bukit Senggeh, Macap/Menggong and Kemendore were permitted to sell their FFB to external private mills. In this case they sold their FFB to Golden Horse, Nam Bee and Kop Maju. The content of the contract agreement was mutually fair and transparent to enable the securing or trading of the group members‟ collective produce. Tender document and contract administration relating to sales and purchase of FFB, basis and formula for determining the purchased price less FFB processing fee and transportation cost to mill had been managed by the Administration Department, FELDA Headquarters, Kuala Lumpur. The current rules abided by the FELDA group members and the external mill collection center (for purchasing FFB on behalf of external mill) was strictly based on FFB grading, OER for Crude Palm Oil and Crude Palm Kernel Oil as mandated by MPOB were clearly stated in the sighted contract agreement (Contract No.: C 0203810/1431-3031PKT. 82) between FELDA and Golden Horse Plantations Sdn Bhd for FFB purchase at FELDA Medoi. Scheme Managers were jointly involved with the settlers in the negotiation with mill for a fair and transparent mechanism to determine the FFB pricing. 2. Group Management Documentation Requirements The Group Manager assesses compliance of the plantation practices and manages group members to ensure compliance with the RSPO Standard for Group Certification and the relevant RSPO Standard for Sustainable Oil Palm Production. The Group Manager shall have a documented internal system that contains the elements necessary for assessing the performance of group members and their plantations. MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 22 of 131 To meet the requirements of Group Management Documentation, the Group Manager had established a documented internal system, an 8-page document entitled “Pemantauan Pematuhan P&C RSPO dalam Group Certification”. It contained all necessary elements (105) for assessing the performance of group members and their plantations. The assessor had sighted that it had been used to assess the sampled members and found effective. 2.1. Group Management Documentation structure and content The Group Manager shall have its operational structure, policies and procedures, and basic information on individual group members documented. The system verifies whether operations within the group comply with the RSPO Standard for Group Certification Requirement and the relevant RSPO Standard for Sustainable Oil Palm Production. 2.1.1 The Group Manager shall have an operating structure that defines group management documentation (i.e. internal control systems), decision-making and responsibilities within the group. 2.1.2 All group records shall be retained for at least 5 years. 2.1.3 The Group Manager shall have documented membership requirements for the participation of individual members in the group. This shall include: 2.1.3.1 Requirements and procedures for joining the group. 2.1.3.2 Requirements and procedures for leaving the group. 2.1.3.3 Procedures for incorporating a remedial system for member non-compliance. 2.1.3.4 Procedures for expulsion from the group. 2.1.4 There shall be a group-level operation manual that includes the following: 2.1.4.1 Internal assessment protocols. 2.1.4.2 Policies and procedures for accepting / removing members. 2.1.4.3 Policies and procedures for applying corrective action requests (CARs) to group members for noncompliance with the relevant RSPO standards. 2.1.4.4 Procedures for communicating corrective action requests (CARs). 2.1.4.5 Clear description of the process to fulfill any correction action requests (CARs) issued internally by the Group Manager or by the certification body including timelines and the implications if any of the CARs are not complied with. 2.1.4.6 Policies and procedures for handling complaints, appeals, corrective action requests (CARs), and group member performance assessment. 2.1.4.7 Policies and procedures for group monitoring, including carrying out and updating group risk assessment and annual surveillance of group members. 2.1.5 The Group Manager shall develop and maintain a database of group members included within the Group Scheme. This includes the information below as a minimum for each member: 2.1.5.1 A copy of each group member‟s application form to the group with relevant information for each member that is updated regularly, i.e. name of producer, address, contact details, type of land ownership, size of plantation area, location, etc. 2.1.5.2 Total annual production and production per unit area (hectare) for previous years, from at least one year prior to joining the group, and the estimated production for the current year. 2.1.5.3 Results from the last internal and external assessments showing performance levels to the relevant RSPO Standard for Sustainable Oil Palm Production, including dates these were carried out, any plans for implemented improvement and corrective action requests (CARs) raised and closed out for each group member. 2.1.5.4 The date of group membership acceptance and date of departure or expulsion from the group if relevant. 2.1.5.5 Maps of the plantation area for each group member. This can be in the form of individual maps or a collective map covering all group members. 2.1.6 A summary of all the data on land use (in hectares) shall be kept and regularly updated covering the entire group that includes at least the following: 2.1.6.1 Total overall land area for each group member. MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 23 of 131 2.1.6.2 Total oil palm planted area for each group member. 2.1.6.3 Total RSPO certified production area for each group member. 2.1.6.4 Other crop production areas (i.e. non oil palm) for each group member if any. 2.1.6.5 Total undeveloped area or areas set aside for any particular reason (i.e. conservation, customary, identified HCV etc) for each group member, if any. 2.1.6.6 Total area with infrastructure for each group member, if any. 2.2. Internal assessment system 2.2.1 Prospective members intending to join the group to be included under group certification shall only be allowed to become formal members of the group after an initial compliance assessment for entry by the Group Manager. This initial assessment will determine that all group members who formally join the group with the intention of being included under group certification, are able fulfill the group membership requirements and are able to meet the relevant RSPO Standard for Sustainable Oil Palm Production. 2.2.2 The Group Manager shall implement a regular and ongoing internal assessment programme for all current group members that includes at least the following: 2.2.2.1 Internal assessments shall be documented and these documents maintained for 5 years. 2.2.2.2 Regular (at least annual) internal assessment visits to a sample of group members to confirm continued compliance with all the requirements of the relevant RSPO Standard for Sustainable Oil Palm Production and RSPO Standard for Group Certification. All members shall be monitored at least once during the period of validity of the group certificate (normally 5 years). 2.2.2.3 The Group Manager shall identify the relevant RSPO Standard for Sustainable Oil Palm Production that is appropriate for each group member. It is the performance against this standard that is assessed at each internal assessment. 2.2.2.4 The sample size for internal assessments shall be based on a risk assessment of the group members, where a higher risk requires a higher sample size. 2.2.2.5 The sample size shall be determined by the formula (0.8√y) x (z), where z is the multiplier defined by the risk assessment. Low risk = multiplier of 1, medium risk = multiplier of 1.2, high risk = multiplier of 1.4 (see Table 1). 2.2.2.6 The group shall use a minimum sample to be visited annually for internal assessment of (0.8√y), where y is the number of group members, and where selection of group members is based on random selection techniques. 2.2.2.7 The Group Manager shall ensure that different group members are visited in each annual internal assessment to those that have been selected for assessment by the certification body, unless there are circumstances which require a revisit of the same members (e.g. pending corrective action requests (CARs), complaints received from stakeholders, risk factors etc). 2.2.2.8 Additional internal assessments shall be scheduled when potential problems arise or when the Group Manager receives information from stakeholders about alleged non-conformities of the relevant RSPO Standard for Sustainable Oil Palm Production by group members. 2.2.3 Non-conformities identified by the Group Manager shall be resolved internally according to a documented system of applying corrective action requests (CARs). See 2.1.4.3. FSSS had through its “Manual RSPO (Group Certification System)”established its Group Management Documentation (an Internal Control System document) that contained most procedures to meet the requirements of the Group Management Documentation for RSPO Standard for Group Certification. In it was defined who are eligible to become member, the decision to accept or reject an application to join as member, the Membership Agreement, member responsibilities, procedures for leaving the group, remedial process for member noncompliance and for expulsion from group. However, the following three OFIs were issued as they have yet to be incorporated in the Manual RSPO (GCS), that is, OFI (MM) 2.1.3, the procedure for expulsion of member from the group, OFI (MM) 2.1.4 the policy for applying corrective action requests to group members for non-compliance with the relevant RSPO standards and OFI (MM) 2.1.5 on definition of new member to be spelt out in light of 2nd generation settlers or members who left and then decide to rejoin. MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 24 of 131 Also the assessor had sighted the Internal Assessment Protocols for current members and prospective members including sampling size, frequency of assessment, internal and external audit requirements, the records of the internal audit conducted (non-conformities raised, explanation by the Internal Auditor (Agricultural Officer) to the members on the non-conformity), the procedure for communicating and responding to the Corrective Action Request, procedure for handling complaints, appeals, group member performance assessment and annual surveillance. However, an OFI (MM) 2.2.3 was assigned as timeline for closure of nonconformities, Person-In-Charge to follow-up and close outstanding issue had yet to be determined. The Group Manager via the FELDA headquarter‟s centrally held SAP “Sistem Komputer Bersepadu” maintained a database of group members in Modul Peneroka, Modul Tanah (including map and land title) and Modul Pertanian on information pertaining to the requirements of the RSPO Standard for Group Certification. 3. Chain of Custody The Group Manager shall have a system in place to enable the trading of RSPO certified Fresh Fruit Bunches (FFB) produced from the group. 3.1 The group manager shall document and implement a system for the tracking and tracing of FFB produced by the group members, and intended to be sold as RSPO certified FFB. 3.2 There shall be a collective group procedure for the sale of all certified FFB originating from the plantations of group members that is agreed by the group members and the Group Manager and is designed to ensure that non-certified FFB are not sold as RSPO certified FFB. This shall be contained in any group marketing system that is developed for the group, and shall follow one of the supply chain models as per the RSPO Supply Chain Certification Systemsii,i.e. Identity Preserved, Segregation or Mass Balance. 3.3 The group manager shall ensure that all invoices for sales of RSPO certified FFB originating from the group are issued with the required information as per the adopted supply chain model requirements within Annex 6 of the RSPO Supply Chain Certification Systems document – November 2009. 3.4 The physical transporting of RSPO certified FFB originating from the plantations of group members shall be done either directly by the group (i.e. through own transportation), or via sub-contracted intermediaries. For intermediaries the requirements as outlined in 3.7 shall also apply. 3.5 All sales of FFB originating from the plantations of group members shall be documented. This shall include: 3.5.1 Invoices and receipts (purchase and sale). 3.5.2 Information on transport. 3.5.3 The relevant group members‟ group identification number. 3.5.4 Description of the product sold (i.e. RSPO certified or not), product volume and destination. 3.6 The Group Manager shall maintain copies of all relevant documentation and records of group product transactions for a period of 5 years. 3.7 If an intermediary exists in the supply chain from the group to the mill that wants to be included within the group certification control rather than obtain their own supply chain certification, the intermediary shall be identified by the Group Manager. The Group Manager shall have a contract with the intermediary to fulfill the RSPO Standard for Group Certification and agree to be assessed on an annual basis by the Group Manager as well as in certification assessments. It is the responsibility of the Group Manager to ensure that the intermediary shall comply with the following conditions: 3.7.1 There shall be a contract between the intermediary and the Group Manager. 3.7.2 The intermediary shall have complete purchasing and selling records. 3.7.3 The intermediary shall have RSPO supply chain systems in place to separate certified from noncertified materials through any of the RSPO supply chain options (i.e. Identity Preserved, Segregation or Mass Balance). MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 25 of 131 The assessment team had verified that FSSS had a system for the tracing of FFB produced by the group members in the FFB production report. The detail of production report had included date of delivery, name of estate, FFB quantity and transportation information and destination of FFB recipient. There was a procedure for the sale of all certified FFB that was agreed by the group members and Group Manager. The procedure had required group member to sign an agreement with FELDA for managing the sales of their FFB. The group marketing system had been developed to suit the mass balance model of RSPO Supply Chain Certification System. The sales invoices had all the required information stipulated on the RSPO Supply Chain Certification Systems document such as the name & address of the buyer, invoice date, product description, quantity and reference to related transport documentation. However, an OFI (RA) 3.3 was raised as detail invoice (information) as required by the Clause of RSPO Standard for Group Certification (as per Annex 6 of the RSPO Supply Chain Certification Systems document – November 2009) had yet to be sighted. The physical transporting of RSPO certified FFB originating from the plantations of group members was done through several contract transportation companies. The assessment team member had confirmed that the FSSS had adequate sales documentation which included invoices and receipt, information on transport, group identification number, description of the product sold, product volume and destination. All relevant documentation and records of group product transactions were adequately maintained. The records of delivery notes, receipt notes and production report were sighted during the assessment. There had been no clear decision made whether not to claim the FFB sold to the intermediary (FFB collection center) as certified FFB. MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 26 of 131 Section B – RSPO MYNI:2008 Standard PRINCIPLE 1: COMMITMENT TO TRANSPARENCY Criterion 1.1 Oil palm growers and millers provide adequate information to other stakeholders on environmental, social and legal issues relevant to RSPO Criteria, in appropriate languages and forms to allow for effective participation in decision making Indicators: 1.1.1 Records of requests and responses must be maintained. Major compliance Specific National Guidance for Scheme Smallholders Scheme Smallholders Scheme managers should assist in ensuring compliance by their organized smallholders in providing adequate information. Scheme managers must ensure that participant are given copies of: -chemical use (4.6) -to-date records of debts and repayments, charges and fees (6.10) holders are made available the following documents: - Health and safety plan (4.7). - Plans and impact assessments relating to environmental and social impacts (5.1, 6.1, 7.1, 7.3). - Pollution prevention plans (5.6). - Details of complaints and grievances (6.3). - Negotiation procedures (6.4). - Procedure for calculating prices, and for grading, FFB (6.10) - Continuous improvement plan (8.1) confidential Findings: FELDA has a website for promotion of its products. The website contained brief information about the company‟s corporate structure, its policy and management objectives. With respect to RSPO, FELDA had provided adequate information on issues relevant to interested stakeholders. It had written to all stakeholders informing them on the availability of documents for public review. During the assessment, it was observed that FSSS CU had compiled a list of local stakeholders that may be relevant to its operation. The letters to stakeholders and the records of request were examined in the scheme inspected. A briefing for and discussion with stakeholders was held on 9th August 2010 as evidenced by the signed list of attendance. From the above records, it was evident that the company had committed to be transparent in its dealings with internal and external stakeholders. Assessment of the implementation of the procedure showed that records of communication were maintained. Photograph 1 showed Visitor‟s Log Book questions asked by stakeholders. Among the records sighted were correspondences with the authorities and minutes of meeting. MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 27 of 131 Photograph 1 (L-R) Visitor’s Logbook at Felda Paloh Estate and List of Questions by Stakeholders An officer at FSSS office had been assigned to be in charge on communication and consultation with stakeholders. At the schemes assessed it was evident that the scheme managers assisted in ensuring compliance by their scheme smallholders in that the settlers were provided with adequate information. The participants were given copies of contract between FELDA and them, up-todate records of debts and repayments, charges and fees. Others included demonstration training on the safe use of agrochemicals, information on integrated pest management, health and safety plans, social and environmental impact / aspect assessments and plans, pollution prevention programs, procedure for complaints and grievances. Criterion 1.2 Management documents are publicly available, except where this is prevented by commercial confidentiality or where disclosure of information would result in negative environmental or social outcomes. This concerns management documents relating to environmental, social and legal issues that are relevant to compliance with RSPO Criteria. Documents that must be publicly available include, but are not necessarily limited to:1.2.1 1.2.2 1.2.3 1.2.4 Land titles / user rights (C 2.2) Safety and health plan (C 4.7) Plans and impact assessments relating to environmental and social impacts (C 5.1, 6.1, 7.1, 7.3) Pollution prevention plans (C 5.6) MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 28 of 131 1.2.5 1.2.6 1.2.7 Details of complaints and grievances (C 6.3) Negotiation procedures (C 6.4) Continuous improvement plan (C 8.1) Guidance: Examples of commercially confidential information include financial data such as costs and income, and details relating to customers and/or suppliers. Data that affects personal privacy should also be confidential. Examples of information where disclosure could result in potential negative environmental or social outcomes include information on sites of rare species where disclosure could increase the risk of hunting or capture for trade, or sacred sites, which a community wishes to maintain as private. Specific National Guidance for Scheme Smallholders Scheme Smallholders Scheme managers should ensure that appropriate systems are in place for their organized smallholders to comply with the above. This may include providing information that covers. the land or land-use rights; (certificate) Findings: The relevant management documents as required in this Criterion were made publicly available upon request. Each scheme had maintained record of requests made by stakeholders and this record was presented during the assessment. In addition, all the policies of the company had been clearly displayed on notice boards (see photograph 2). It was observed during the on-site assessment that most of the settlers who had fully settled their loans with FELDA, as spelt out in their Consolidated Annual Charges (CoC), had already obtained their land titles for the smallholdings involved. In the state of Melaka all settlers had obtained their land title. In the state of Johor, the remaining 26% oil palm settlers in the 13 schemes who had fully paid were in the process of getting their land title in due course as FSSS had forwarded their application together with the supporting documents to the Land Office for their handling. The schemes visited had documented their (a) health and safety plan, (b) plans of social impact assessment, and (c) pollution plan, (d) procedure for calculating prices, and for grading and they were made available for settlers viewing including some being displayed at notice board. Also, standard operation procedures were also available. Among those sighted were negotiation procedures, complaints and grievances, and information on HCV and actions taken to manage them including dissemination of information to settlers and the public at large. MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 29 of 131 Photograph 2: FELDA Policies and Information on Notice Board, for example, at FELDA Tun Ghaffar Bukit Senggeh PRINCIPLE 2: COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS Criterion 2.1 There is compliance with all applicable local, national and ratified international laws and regulations Indicators: 2.1.1 Evidence of compliance with legal requirements. Major compliance 2.1.2 A documented system, which includes written information on legal requirements. Minor compliance 2.1.3 A mechanism for ensuring that they are implemented. Minor compliance 2.1.4 A system for tracking any changes in the law. Minor compliance Guidance: 1. Lists down all applicable laws including international laws and conventions ratified by the Malaysian government. 2. Identify the person(s) responsible to monitor this compliance. 3. Display applicable licenses and permits. 4. Unit responsible to monitor these will also be responsible to track and update changes. MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 30 of 131 Specific National Guidance for Scheme Smallholders Scheme Smallholders Scheme managers should ensure that their organized smallholders are aware of and comply with relevant legal requirements. These would require provision of information regarding relevant legal requirements to the participants or their appointed representatives. Findings: Each scheme of the FSSS visited had documented a list of all the applicable laws and regulations relevant to its operations. They were in compliance with all applicable local, national and ratified international laws and regulations, for example, all foreign workers had valid Visit Pass (Temporary Employment) issued by Malaysia Immigration, except minor lapses of inadequate information on ratified international laws and regulations in which an OFI (LHF) against Indicator 2.1.1 was issued. On the other hand a Minor Non-Conformity (MM1) against Indicator 2.1.4 was assigned for person responsible for monitoring changes in the laws and for communicating such changes to affected parties had not been identified. The identified laws applicable to their operations had been recorded in a legal register. Among the laws which had been identified and recorded in the register were Pesticides Act 1974 and Regulations, Environmental Quality Act and Regulations, 1974, Factories and Machinery Act and Regulations, 1967, Occupational Safety and Health Act 1994, Employment Act 1955, Immigrations Act 1959/1963, Workers‟ Minimum Standards of Housing and Amenities Act, 1990 and WHO Type 1A and 1B or Stockholm & Rotterdam Conventions. The Scheme Managers interviewed showed understanding on the applicable legal requirements and that records sighted had included the communication on awareness to their smallholders and the need of them to comply with relevant legal requirements. Although smallholders were made aware of relevant legal requirement by FELDA Management, it was noted that three (3) of the total 431 smallholders had contravened the riparian zone requirements as seen at FELDA Kemelah. Notwithstanding the planting of the oil palm trees by the three (3) settlers was in 2004/05 ie before the establishment of RSPO P&C, a Non-conformity (MM4) had been issued against Indicator 2.1.3 as evidence on land-use rights (document of proof) was not demonstrable. Site visits made to the workers‟ housing, for example, at FELDA Kemelah had confirmed that the housing specifications had been in accordance with the Minimum Standards of Housing and Amenities Act 1990. It was also observed that the newly built house was provided with better facilities, including piped water, electricity, emergency assembly area and play ground. With respect to the terms and conditions of employment, it was confirmed that the FSSS CU was in compliance with the Employment Act 1955 related to the provisions of wages, paid public holidays, paid annual leave and sick leave. MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 31 of 131 Photograph 3: Licence and permits as found at FELDA Paloh office Further as required by this criterion, copies of the relevant licenses and permits had been displayed appropriately in the offices of the schemes. See photograph 3. Inspection by the assessors had found that they were still valid. Among the licenses and permits which had been displayed were those issued by the MPOB, permits to keep fertilizer and diesel oil (at FELDA Paloh). Criterion 2.2 The right to use the land can be demonstrated, and is not legitimately contested by local communities with demonstrable rights. Indicators: 2.2.1 Evidence of legal ownership of the land including history of land tenure. Major compliance 2.2.2 Growers must show that they comply with the terms of the land title. [This indicator is to be read with Guidance 2] Major compliance 2.2.3.1 Evidence that boundary stones along the perimeter adjacent to state land and other reserves are being located and visibly maintained. Minor compliance Specific Guidance: Growers should attempt to comply with the above indicator within 15 months from date of announcement of first audit. Refer to State Land Office for examples of other reserves. 2.2.3.2 Where there are, or have been, disputes, proof of resolution or progress towards resolution by conflict MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 32 of 131 resolution processes acceptable to all parties are implemented. Cross ref. to 2.3.3, 6.4.1 and 6.4.2. Minor compliance Guidance: 1. For any conflict or dispute over the land, the extent of the disputed area should be mapped out in a participatory way. 2. Where there is a conflict to the condition of land use as per land title, growers must show evidence that necessary action has been taken to resolve the conflict with the relevant authorities. 3. Ensure a mechanism to solve the dispute (Refer to C 6.3 and C6.4) 4. Evidence must be demonstrated that the dispute has been resolved. 5. All operations shall cease on land planted beyond the legal boundary. Specific National Guidance for Scheme Smallholders Scheme Smallholders Scheme Managers should ensure that: scheme management should show evidence of legal legitimacy of land allocated. The management should facilitate in processing/procuring land ownership for their participants. Findings: Land developed by FELDA was authorized under Section 4 of the Land (Group Settlement Area, in short GSA) Act 1960. Assessor sighted that there were clear land ownership documents for the smallholders. At Melaka and Johor, land titles of settlers were available in the schemes visited. All (100%) settlers in the FELDA Tun Ghaffar schemes Melaka (Macap/Menggong, Kemendore, Bukit Senggeh) and the majority of settlers in Johor state scheme assessed had already obtained their land title. At FELDA Kemelah, for example, of the 431 settlers, 411 (95%) had received land titles. However, settlers in Pemanis 1 and Pemanis 2 who had applied land titles had yet to receive their land titles. Where such titles had yet to be issued, the scheme management showed copy of legal legitimacy of land allocated. The respective scheme managers and FSSS had verified that there was no outstanding loan by the involved settlers with FELDA (as per the Agreement between FELDA and the Settler) and the management had facilitated the application for procuring land ownership with supporting documentation to the Land Office. The settlers complied with the terms of the land titles including conditions for agricultural cultivation as stated in completed Form 5E of Kanun Tanah Negara. All schemes visited had maps to indicate the locations of the bound (except could not locate the boundary at FELDA Tun Ghafar Bukit Senggeh) and they were verified / inspected (see photograph 5 and photograph 6). The audit team noted that boundary stones along the perimeter adjacent to other reserves had also been identified and maintained by FSSS except inadequate physical demarcation on the ground (i.e. boundary markers) at FELDA Tun Ghaffar Bukit Senggeh. Therefore, an OFI (NAJ) for Indicator 2.2.3.1 had been raised. MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 33 of 131 Photograph 4: One of the boundary stones next to a marker painted red located at FELDA Kemelah Photograph 5: In field boundary stone next to a marker showing ownership belonging to a particular settler at FELDA Pemanis 1 MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 34 of 131 Criterion 2.3 Use of the land for oil palm does not diminish the legal rights, or customary rights, of other users, without their free, prior and informed consent. Indicators: 2.3.1 Where lands are encumbered by customary rights, participatory mapping should be conducted to construct maps that show the extent of these rights. Major compliance 2.3.2 Map of appropriate scale showing extent of claims under dispute. Major compliance 2.3.3 Copies of negotiated agreements detailing process of consent (C2.2, 7.5 and 7.6). Minor compliance Guidance: Where lands are encumbered by legal or customary rights, the grower must demonstrate that these rights are understood and are not being threatened or reduced. This criterion should be considered in conjunction with Criteria 6.4, 7.5 and 7.6. Where customary rights areas are unclear these are best established through participatory mapping exercises involving affected and neighbouring communities. This criterion allows for sales and negotiated agreements to compensate other users for lost benefits and/or relinquished rights. Negotiated agreements should be non-coercive and entered into voluntarily, carried out prior to new investments or operations and based on an open sharing of all relevant information in appropriate forms and languages, including assessments of impacts, proposed benefit sharing and legal arrangements. Communities must be permitted to seek legal counsel if they so choose. Communities must be represented through institutions or representatives of their own choosing, operating transparently and in open communication with other community members. Adequate time must be given for customary decision-making and iterative negotiations allowed for, where requested. Negotiated agreements should be binding on all parties and enforceable in the courts. Establishing certainty in land negotiations is of long-term benefit for all parties. Specific National Guidance for Scheme Smallholders Scheme Smallholders 8 Scheme managers can show that lands acquired for participants do not diminish legal or customary rights. Where other customary lands have been taken-over, there is documentary proof of transfer of rights (eg sale) or payment of agreed compensation. Findings: As mentioned earlier, through Land (General Settlement Area) Act 1960, the schemes‟ management had been given the legal right to the land for cultivation through the title provided by the State Department of Lands and Surveys. The smallholdings were established long time ago (in 1960s/70s) and they did not diminish the legal rights, or customary rights, of other users in the vicinity at the time of planting including those Orang Asli in Kg Gapam Baru (located between FELDA Tun Ghafar Kemendore and FELDA Tun Ghafar Bukit Senggeh). These orang asli of Temuan community operates on Orang Asli reserved land. The community did not make any customary land claims within the smallholdings as they shifted from Kg. Gapam Lama, about 10 km away. Likewise, the assessment visit to the Orang Asli Jakun community at Kg. Segamat Kecil showed that it also did not make any land claim in FELDA Kemelah area. MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 35 of 131 PRINCIPLE 3: COMMITMENT TO LONG-TERM ECONOMIC AND FINANCIAL VIABILITY Criterion 3.1 There is an implemented management plan that aims to achieve long-term economic and financial viability. Indicators: 3.1.1 Annual budget with a minimum 2 years of projection Major compliance Specific Guidance: Annual budget may include FFB yield/ha, OER, CPO yield/ha and cost of production that is not required to be publicly available. 3.1.2 Annual replanting programme projected for a minimum of 5 years with yearly review. Minor compliance Guidance: Individual organization is to define its own management unit i.e. mill, estate or group as per definition on unit of certification explained in Item 4.2.3 and 4.2.4 in the RSPO Certification Systems document located at: http://www.rspo.org/RSPO_Certification_Systems.aspx Specific National Guidance for Scheme Smallholders Scheme Smallholders Scheme managers have a documented management plan (minimum 2 years) which is shared with them or their elected representatives. Findings: The budgets for Financial year 2010 and 2011 were available. The budgets had generally included the provisions of allocation for operations, field upkeep, training, occupational safety, health and environmental upkeep, upgrading of workers quarters and for welfare and social activities for settlers. All visited schemes had been harvesting crops from the first generation planting. The replanting programme for FELDA Paloh had been sighted and planned to be carried out in the coming years 2012. Although the FFB/ha yield was still above the economic commercial value despite age of palm being 24/25 years, FELDA Tun Ghafar Macap/Menggong had yet to show commitment to long term economic and financial viability planning by ensuring replanting program is in place. An non-conformity (MM2) against Indicator 3.1.2 had been raised. Additionally, FELDA Kemelah commitment could be improved to ensure maximum crop recovery (FFB yield/ha) and crop quality control as ripe unharvested FFB and rotten crop were observed in the field. Also, it was observed that swamps/low lying areas could be made plantable with Oil Palm trees. An OFI (AAB) against criterion 3.1 had been raised. MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 36 of 131 PRINCIPLE 4: USE OF APPROPRIATE BEST PRACTICES BY GROWERS AND MILLERS Criterion 4.1 Operating procedures are appropriately documented and consistently implemented and monitored. Indicators: 4.1.1 Documented Standard Operating Procedures (SOP) for estates and mills Major compliance 4.1.2 Records of monitoring and the actions taken are maintained and kept for a minimum of 12 months. Minor compliance Specific National Guidance for Scheme Smallholders Scheme Smallholders Working practices should be consistent with documented procedures that are adopted. Such documents should be explained to the participants and made available for reference. For smallholders, working practices will have to be consistent with documented procedures provided by customers or related government agencies and organizations. Findings: During the assessment of the schemes visited, the CU used the FELDA Operations Manual for Sustainable Oil Palm Plantations and Safety, Health and Environmental Manual as reference for all operations managed by FELDA Plantations, FELDA Technoplant and FELDA Scheme Smallholder. See photograph 6. The manual and procedures were in place and available to all levels of Executives in the schemes. The agriculture manual provided guidance on oil palm nursery, oil palm replanting, field upkeep and spraying, FFB harvesting and collection. Through random interviews held with the staff and workers, the outcome revealed that they understood the requirements of the SOPs and their level of understanding on the contents of the SOP was found to be acceptable. MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 37 of 131 Photograph 6: (L-R) FELDA Operations Manual for Sustainable Oil Palm Plantation and Safety, Health and Environmental Manual Although appropriate risk control measures was observed, for example, during the field assessment at FELDA Paloh, sprayers were seen worn appropriate PPE during spraying, nevertheless, a “Re Entry Interval” signage upon completion of spraying was not placed at the plot just sprayed which was important in view of buffalos and cattle roamed and grazed in the fields. Further, the health profile of the buffalos in FELDA Paloh was not available when asked. There were no proper records and vaccination programme done with the Veterinary department, which were needed in view of buffalos being sold to the public. Hence, OFI (AAB) against the Indicator 4.1 2 for records of monitoring Reentry Interval and the absence of records and vaccination programme of buffalos was issued. The assessment team had confirmed during the on-site visit that relevant records of monitoring were available and maintained. Records of monitoring for field related activities were captured in the „Programme Sheets‟ such as for manuring and spraying programmes, Other records maintained include agrochemicals used, rat census/treatment, application for and issuance of personnel protective equipment (PPE) and use of permit to work system that were evident in the cost books, store requisition and issue sheets and related files. At FELDA Paloh, the SOP sighted covers extract of key points from SOP, such as in photograph 7 below, a reminder notice that must be observed prior to entering the chemical store posted just outside the store. Photograph 7: Example of extract of key points from SOP for entering the Chemical Store as displayed on store wall at FELDA Paloh, Kluang, Johor MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 38 of 131 Criterion 4.2 Practices maintain soil fertility at, or where possible improve soil fertility to, a level that ensures optimal and sustained yield. MY-NIWG recommends that the indicators in criterion 4.2 and 4.3 are linked 4.2.1 Monitoring of fertilizer inputs through annual fertilizer recommendations. Minor compliance 4.2.2 Evidence of periodic tissue and soil sampling to monitor changes in nutrient status. Minor compliance 4.2.3 Monitor the area on which EFB, POME and zero-burn replanting is applied. Minor compliance Guidance: Long-term fertility depends on maintaining the structure, organic matter content, nutrient status and microbiological health of the soil. Managers should ensure that best agricultural practice is followed. Nutrient efficiency must take account of the age of plantations and soil conditions. Specific National Guidance for Scheme Smallholders Scheme Smallholders Scheme Managers are able to demonstrate that the participants have an understanding of the techniques required to maintain soil fertility and that they are being implemented. Evidence of implementation can be in the form of: 1. Records of fertilizer application 2. Records of EFB or POME application (if practiced) Findings: All schemes assessed monitored their fertilizer inputs as recommended by FELDA agronomist. The documentation of manuring recommendation was made by the FELDA Agricultural Services Sdn Bhd (FASSB). The recommendation, as sighted, was based on leaf and soil sampling and analysis which were done annually. The assessor had sighted records on the movement of fertilizer and confirmed that they had been kept current. Although soil sample was taken on annual basis by FASSB it was not clear whether soil fertility status was considered in drawing up the fertilizer input. This was because information on soil nutrient status was not indicated nor mentioned in the above documentation. Maps on soil types and distribution were also absent which were pertinent in determining the oil palm response to the fertilizer input. Even though EFB was hard to get once FFBs were sold to outside Palm Oil Mill, its application nevertheless could be considered for soil fertility improvement especially at FELDA Tun Ghafar Macap/Menggong, in view that its soil is sandy. Criterion 4.3 Practices minimise and control erosion and degradation of soils. MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 39 of 131 Indicators: 4.3.1 Documented evidence of practices minimizing soil erosion and degradation (including maps). Minor compliance Specific Guidance: Replanting on sloping land must be in compliance with MSGAP Part 2: OP (4.4.2.2) For Sarawak, steep slopes are considered high risk erosion areas and cannot undergo replanting unless specified in the EIA report and approved by the Natural Resources and Environment Board (NREB). For Sabah, slopes 25 degree and steeper are considered high risk erosion areas and cannot undergo replanting unless specified in the EIA report [Environment Protection (Prescribed Activities)(Environment Impact Assessment) Order 2005] and approved by the Environmental Protection Department (EPD). Slope determination methodology (slope analysis) should be based on average slope using topographic maps or topographical surveys. 4.3.2 Avoid or minimize bare or exposed soil within estates. Minor compliance Specific Guidance: Appropriate conservation practices should be adopted. 4.3.3 Presence of road maintenance programme. Minor compliance 4.3.4 Subsidence of peat soils should be minimised through an effective and documented water management programme. Minor compliance Specific Guidance: Maintaining water table at a mean of 60 cm (within a range of 50-75cm) below ground surface through a network of weirs, sandbags, etc. in fields and watergates at the discharge points of main drains. 4.3.5 Best management practices should be in place for other fragile and problem soils (e.g. sandy, low organic matter and acid sulphate soils). Minor compliance Guidance: Techniques that minimise soil erosion are well-known and should be adopted, wherever appropriate. These may include practices such as: 1. 2. 3. 4. 5. 6. Expediting establishment of ground cover upon completion of land preparation for new replant. Maximizing palm biomass retention/ recycling. Maintaining good non-competitive ground covers in mature areas. Encouraging the establishment/regeneration of non-competitive vegetation to avoid bare ground. o Construction of conservation terraces for slopes >15 Advocating proper frond heap stacking such as contour/L-shaped stacking. for straight line planting and stacking along the terrace edges for terrace planting. 7. Appropriate road design and regular maintenance. 8. Diversion of water runoff from the field roads into terraces or silt pits. 9. Construction of stop bunds to retain water within the terrace. 10. Maintaining and restoring riparian areas in order to minimize erosion of stream and river banks. Specific National Guidance for Scheme Smallholders Scheme Smallholders Scheme managers should be able to demonstrate that their participants have an understanding of the techniques adopted to manage their soils and that they are being implemented. MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 40 of 131 Findings: FSSS CU had implemented, in as practicable a manner as possible, the best practices for minimizing soil erosion and degradation. The practices that were evident included terracing, cover crops, L-shaped frond stacking and contour stacking of the pruned fronds. These practices were clearly advocated in line with the SOP to prevent or slow down surface water run-off and the provision of water/moisture conservation pits. See photograph 8 below. Photograph 8 : Frond stacked in between rows and the maintenance of soft vegetation such as grass The planting of cover crop plants along bare slopes and along the roadside were indication of soil erosion control in practice at FELDA Paloh. In all schemes visited frond stacking were closely monitored as it was also part of their fertilizer program. During the field inspection, it was also observed that all schemes had maintained soft vegetations such as grasses and ferns to avoid bare soil in the matured fields. Inter-row vegetation was slashed annually to maintain the growth of soft grass. Weed spraying activities had also been carefully limited to the base of the palm to avoid over-spray to other areas. However, at some smallholders‟ plot at FELDA Tun Ghafar Macap/Menggong blanket spraying was observed. This practise should be controlled to avoid outbreak of bagworm infestation. MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 41 of 131 Photograph 9: Road condition at FELDA Kemelah Road conditions were reasonably satisfactory and roads were accessible as evidence in Photograph 9 above but not so at FELDA Paloh. A non-conformity (MM3) had been issued against Indicator 4.3.3. It could not produce road upkeep SOP, more specifically the road maintenance program although road maintenance budget was sighted allocated. Much of their road work to address road damage was just to put roadside drains. Hence, more rigorous road maintenance program needed to be established to address road damage especially on hilly terrains, placement of culverts (to drain surface water runoff) as well as regular maintenance of side drains to channel water away from the road surface. At FELDA Paloh and Kemelah (photograph 10), silt pits were seen constructed to ensure water surface run-off is being trapped. No peat soil area in the FELDA Segamat SS CU was found during the field visit and this was confirmed by the Schemes Managers involved. Therefore, Indicators 4.3.4 are not applicable. MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 42 of 131 Photograph 10: Silt pit as seen constructed to trap surface water run-off at FELDA Paloh Criterion 4.4 Practices maintain the quality and availability of surface and ground water. Indicators: 4.4.1 Protection of water courses and wetlands, including maintaining and restoring appropriate riparian buffer zones at or before replanting along all natural waterways within the estate. Major compliance Specific Guidance: Riparian buffer zones: Reference to be made to relevant national regulations or guidelines from state authorities e.g. Department of Irrigation and Drainage (DID), whichever is more stringent. 4.4.2 No construction of bunds/weirs/dams across the main rivers or waterways passing through an estate. Major compliance 4.4.3 Outgoing water into main natural waterways should be monitored at a frequency that reflects the estates and mills current activities which may have negative impacts (Cross reference to C 5.1 and 8.1). Major compliance 4.4.4 Monitoring rainfall data for proper water management. Minor compliance 4.4.5 Monitoring of water usage in mills (tonnage water use/tonne FFB processed). Minor compliance Specific Guidance: Data trended where possible over 3 years to look into resource utilization 4.4.6 Water drainage into protected areas is avoided wherever possible. MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 43 of 131 Appropriate mitigating measures will be implemented following consultation with relevant stakeholders. Minor compliance 4.4.7 Evidence of water management plans. Minor compliance Specific National Guidance for Scheme Smallholders Scheme Smallholder Scheme Managers should provide appropriate training for their participants on the importance of maintaining the quality and availability of surface and ground water. Findings: Evidence of implementation on the practices to maintain the quality and availability of surface and ground waters was observed during the field assessments. For example, the signboard on Buffer Zone had been made available for protection of water courses and riparian buffer at the FELDA Tun Ghafar Bukit Senggeh. See photograph 11 below. It was also observed there was no construction across the water ways. Photograph 11: Signboard in local language showing River Reserve prohibiting intrusion At FELDA Kemelah similar signboard to FELDA Tun Ghafar Bukit Senggeh prohibiting buffer zone intrusion were sighted erected at some areas and not at others as in river reserve corridor. Instead a striped red and white plastic tape and blue paint were applied on the oil palm trees to indicate that it was on riparian zone. See photograph 12 below. MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 44 of 131 Photograph 12: The red and white stripe plastic tape is wrapped around the oil palm tree and part of the tree trunk painted blue at FELDA Kemelah. At FELDA Pemanis 1 and FELDA Pemanis 2, it was noted that waterways more than 5m were not identified as buffer zone. But, the assessor was told that originally the waterways were less than 3m in width. It had now broadened caused by the recent heavy flood in Johor and it severely affected the schemes a week before the assessor audit the site. The recent heavy flood had seriously impacted and changed the landscape. The FELDA Managers were not aware flood had changed the size of their waterways. Interviews held with managers and smallholders from the harvesting operations at FELDA Pemanis 1 and 2 showed that generally the level of their understanding on the subject of protection including maintaining and restoring appropriate riparian buffer zones along natural waterways and the harvesting of FFB in the riparian zone needed improvement even though training had been given. This was raised as an OFI (NAJ) against Indicator 4.4.1. During the on-site assessment, assessors did not see any weirs/dams being constructed across the main rivers or waterways passing through the schemes. The FSSS had conducted water monitoring activities for each of its scheme starting in early November 2010. The record on water sampling was being kept in each scheme. For example, at FELDA Kemelah, water sample had been taken on 3 November 2010 and analyzed for pH, Suspended Solid, Ammoniacal Nitrogen, COD and BOD. For every scheme of the CU, the water quality index (WQI) for a sampled stream was monitored at the point of entrance (or inlet) to the scheme and at the point where the streams flow out (outlet) of the scheme. The samples were sent to Jabatan Kimia Malaysia for analysis. The results of the quality of the water samples were within the acceptable level quality index of class MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 45 of 131 III category in accordance with the Interim National Water Quality Standard 2006 (INWQS) of the DOE. 2006 Month 2004 2007 2008 2009 2010 2011 (todate) 2005 Rainy day Jan Feb Mac Apr Mei Jun Jul Aug Sept Oct Nov Dec 162.56 10.41 203.96 118.37 69.65 39.61 137.09 40.81 200.91 149.07 203.43 191.50 60.40 10.20 70.30 106.40 122.70 50.00 194.80 133.50 121.10 134.80 180.80 145.70 07 06 08 07 09 09 04 07 13 07 14 12 Total 1527.37 1331.70 39 mm 130.10 74.40 133.30 91.10 155.70 155.30 77.20 107.70 236.80 147.40 174.70 296.40 1780.1 0 Rainy day 14 14 11 13 13 09 12 14 08 08 13 14 118 mm 311.70 311.90 261.20 196.00 303.90 169.90 269.70 224.80 111.70 96.50 189.10 605.20 3051.6 0 Rainy day 14 14 20 13 11 16 16 16 09 17 23 16 176 Mm Rainy day 280.60 08 175.20 03 372.10 12 167.60 11 134.60 13 466.10 03 230.90 06 354.50 13 162.60 08 320.60 08 475.00 12 241.00 12 3380.8 73 0 Rainy day mm 92.70 36.00 207.30 139.60 242.60 30.50 44.00 214.60 148.10 127.40 98.90 117.70 1499.4 0 05 00 06 11 09 08 12 07 14 07 10 13 60 mm Rainy day 56.60 17 00 69.20 165.80 131.60 113.70 139.80 77.20 141.60 101.60 56.60 84.50 1138.8 17 0 mm 128.35 128.35 Table 7 : Monthly rainfall recorded by Felda Paloh All schemes had been monitoring the rainfall data as well as their water consumption as required by RSPO criteria & indicator. Daily records of rainfall data for each scheme were made available for inspection. The data was used in the water management for each scheme. Scheme Managers had provided appropriate training for their participants on the importance of maintaining the quality and availability of surface and ground water. A water management plan had been established with improvement being made to include all sources of water. At FELDA Paloh, stagnant ponds had been created for water conservation and catchment areas. The catchment pond had been fenced-up and had been trapping stream water as intake source for its Water Treatment Plant. The condition of the fence was sighted deteriorating with some areas of the chain-link were seen falling apart. Therefore, an OFI (AAB) had been raised against Indicator 4.4.7 for immediate improvement to prevent easy intrusion and contamination of water by workers and animals (as cattle rearing was sighted in the nearby field). Criterion 4.5 Pests, diseases, weeds and invasive introduced species are effectively managed using appropriate Integrated Pest Management (IPM) techniques. Indicators: 4.5.1 Documented IPM system. Minor compliance 4.5.2 Monitoring extent of IPM implementation for major pests. MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 46 of 131 Minor compliance Specific Guidance: Major pests include leaf eating caterpillars, rhinoceros beetle and rats. 4.5.3 Recording areas where pesticides have been used. Minor compliance 4.5.4 Monitoring of pesticide usage units per hectare or per ton crop e.g. total quantity of active ingredient (a.i.) used/ tonne of oil. Minor compliance Guidance: Growers should apply recognised IPM techniques, incorporating cultural, biological, mechanical or physical methods to minimise use of chemicals. Native species should be used in biological control wherever possible. Specific National Guidance for Scheme Smallholders Scheme Managers Scheme Managers should provide training for their organized smallholders in IPM techniques and provide appropriate assistance on agrochemical application. Findings: Documentation of Integrated Pest Management (IPM) was recorded in the Agriculture Manual & Standard Operating Procedure for Oil Palm. Among the documented pest control were on rats, bagworms and rhinoceros beetles. There was no prophylactic application made in the scheme. Photograph 13: A barn-owl box inspected at FELDA Kemelah There was no serious rat damage outbreak on FFB observed in FELDA Paloh and FELDA Kemelah. Scheme Managers had provided training for their organized smallholders in IPM techniques and the appropriate assistance on agrochemical application. For example, there was rat baits campaign being carried out. IPM had been in placed with barn owl-boxes observed in the fields. See photograph 13. MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 47 of 131 The other IPM technique observed was the planting of beneficial plants, Antigonon, Cassia cobanensis and Turnera subulata along the roadside to control leaf eating caterpillars (bagworm). See photograph 14,15 and 16 below. Photographs 14 and 15: Tunera subulata and Cassia cobanensis found in the schemes Photograph 16: Another beneficial plant, Antigonan, at FELDA Paloh Criterion 4.6 Agrochemicals are used in a way that does not endanger health or the environment. There is no prophylactic use of pesticides, except in specific situations identified in national Best Practice guidelines. Where agrochemicals are used that are categorised as World Health Organisation Type 1A or 1B, or are listed by the Stockholm or Rotterdam Conventions, growers are actively seeking to identify alternatives, and this is documented. Indicators: 4.6.1 Written justification in Standard Operating Procedures (SOP) of all agrochemicals use. Major compliance MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 48 of 131 4.6.2 Pesticides selected for use are those officially registered under the Pesticides Act 1974 (Act 149) and the relevant provision (Section 53A); and in accordance with USECHH Regulations (2000). Major compliance Specific Guidance: Reference shall also be made to CHRA (Chemical Health Risk Assessment) 4.6.3 Pesticides shall be stored in accordance to the Occupational Safety and Health Act 1994 (Act 514) and Regulations and Orders and Pesticides Act 1974 (Act 149) and Regulations. Major compliance Specific guidance: Unless participating in established recycling programmes or with expressed permission from the authorities, triple rinsed containers shall be pierced to prevent misuse. Disposal or destruction of containers shall be in accordance with the Pesticide Act 1974 (Act 149) and Environmental Quality Act 1974 (Scheduled Wastes) Regulations 2005. 4.6.4 All information regarding the chemicals and its usage, hazards, trade and generic names must be available in language understood by workers or explained carefully to them by a plantation management official at operating unit level. Major compliance 4.6.5 Annual medical surveillance as per CHRA for plantation pesticide operators. Major compliance 4.6.6 No work with pesticides for confirmed pregnant and breast-feeding women. Major compliance 4.6.7 Documentary evidence that use of chemicals categorised as World Health Organisation Type 1A or 1B, or listed by the Stockholm or Rotterdam Conventions and paraquat, is reduced and/or eliminated. Adoption of suitable economic alternative to paraquat as suggested by the EB pending outcome of the RSPO study on IWM. Minor compliance 4.6.8 Documented justification of any aerial application of agrochemicals. No aerial spraying unless approved by relevant authorities. Major compliance 4.6.9 Evidence of chemical residues in CPO testing, as requested and conducted by the buyers. Minor compliance 4.6.10 Records of pesticide use (including active ingredients used, area treated, amount applied per ha and number of applications) are maintained for either a minimum of 5 years or starting November 2007. Minor compliance Specific National Guidance for Scheme and Independent Smallholders Scheme Smallholders Scheme Managers should provide regular training to their organized smallholders on agrochemical use. The training should include but not necessary limited to 1. Type of chemicals allowed to be used and precautions attached to their use 2. Methods of application, safety usage and appropriate PPE to be used. 3. Storage of chemicals and safe disposal of the empty containers. 4. No chemical handling and spraying by pregnant woman 5. Chemicals should only be applied following the product label. The scheme managers should maintain necessary records on agrochemicals provided to their participants and to monitor their use so as proper measures are adhered to minimize risk and impacts. Under consideration for 4.6.7 Evidence of registered and permitted agrochemicals use as regulated by the Minister of Agriculture MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 49 of 131 Findings: At FSSS agrochemicals were used in a way that does not endanger the health of employees or the environment. There was no prophylactic use of the agrochemicals. All FELDA schemes had provided written justifications for all agrochemicals it was using as found in the Agriculture Manual and SOP. These documentations included a chemical register list that indicated the purpose of chemical usage (intended target), hazards signs, trade and generic names. Safety and health precautions as recommended in the respective chemical Material Safety Data Sheet (MSDS) had been referred to. All agrochemicals used were based on the „need-to-do basis‟ to enhance field operations. Pesticides selected for use and storage were in accordance with Pesticides Act 1974 (Act 149) and the relevant provision (Section 53A), Classification, Packaging and Labelling of Hazardous Chemical Regulation 1997 and USECHH Regulations 2000, of the Occupational Safety & Health Act 1994. References had been made to Chemical Health Risk Assessment (CHRA). Chemicals used were mainly under class III classification. However, at FELDA Paloh, paraquat was found to be used in the estate, albeit, finishing off the balance, approximately 200 ml and the assessor was given assurance that they will reduce using it in meeting FELDA Policy on use of paraquat. The policy stated to use paraquat only in immature areas and if there was a requirement for paraquat use in mature areas (e.g. for rehabilitation or for use in wet months) special request had to be made to higher management. Except for herbicides self-work scheme smallholders were given the liberty to buy them on their own for use in their field. All other agrochemicals were purchased by FELDA. At schemes managed fully by FASSB or those support by FTP, the purchase of all agrochemicals were centrally arranged by HQ. A chemical store, well ventilated and with locked door had been sighted at all visited FELDA schemes. Only authorized personnel (storekeeper) was allowed to enter the chemical store and issue out the chemicals. Respective chemical MSDS was made available and kept in the store. The storekeeper interviewed had shown understanding of the hazards involved and the required control measures. There was a notice board in front of the store as shown in photograph 7 at FELDA Paloh. It stated that prior to entering the chemical store operator was required to switch on the fan for 10 minutes and required PPE must be worn when entering store. Empty chemical containers were triple rinsed and their bottom punctured. Photograph 17 showed the Scheduled Waste Store where these containers were kept for disposal in accordance with Environmental Quality (Scheduled Wastes) Regulations 2005 requirements. At FELDA Paloh, medical surveillance for sprayers had been conducted by panel clinic (Klinik Rengam) in Kluang. These sprayers were all male workers. The medical reports showed that the workers were fit to carry out their job. There was no application of aerial spray observed during site assessment and this was also confirmed by the Scheme Managers. MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 50 of 131 Photograph 17. Schedule waste store where empty chemical containers are stored. Through records sighting Scheme Managers had provided training to their smallholders and foreign workers on agrochemical use, for example as shown in photograph 18 and 19 below given by a chemical supplier. The training included the type of chemicals allowed to be used and precautions attached to their use, dilution dosing rate, methods of application, appropriate PPE to be used, storage of chemicals, triple rinsing of used container and method of disposal of empty containers, no chemical handling and spraying by pregnant woman to smallholders. At FELDA Paloh, the Scheme Manager maintain necessary records on agrochemicals provided to their workers and monitor their use so as proper measures were adhered to minimize risk and impacts. Photograph 18 and 19: Extraction of photographs from training records on use of agrochemicals given by FELDA’s Safety Officer and Supplier MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 51 of 131 Criterion 4.7 An occupational health and safety plan is documented, effectively communicated and implemented Indicator 4.7.1 : Evidence of documented Occupational Safety Health (OSH) plan which is in compliance with OSH Act 1994 and Factory and Machinery Act 1967(Act139) Major compliance The safety and health (OSH) plan shall cover the following: a. A safety and health policy, which is communicated and implemented. b. All operations have been risk assessed and documented. c. An awareness and training programme which includes the following specifics for pesticides: i. To ensure all workers involved have been adequately trained in a safe working practices ( See also C4.8) ii. All precautions attached to products should be properly observed and applied to the workers. d. The appropriate personal protective equipment (PPE) are used for each risk assessed operation. i. Companies to provide the appropriate PPE at the place of work to cover all potentially hazardous operations such as pesticide application, land preparation, harvesting and if used, burning. e. The responsible person (s) should be identified. f. There are records of regular meetings between the responsible person(s) and workers where concerns of workers about health and safety are discussed. g. Accident and emergency procedures should exist and instructions should be clearly understood by all workers. h. Workers trained in First Aid should be present in both field and mill operations. i. First Aid equipment should be available at worksites. Indicator 4.7.2 : Records should be kept of all accidents and periodically reviewed at quarterly intervals. Major compliance Specific Guidance : Record of safety performance is monitored through Lost Time Accident (LTA) rate. Indicator 4.7.3 : Workers should be covered by accident insurance. Major compliance Specific National Guidance for Scheme Smallholders Scheme Smallholders Scheme and Group Managers should implement a health and safety plan for their organized smallholders that include agrochemical use and fire drills. The management should keep records of all accident and review them periodically. If records are not easily available, the management has to show evidence of measures adopted to seek such records. Findings: The FSSS CU has adopted the FELDA Group‟s occupational safety and health policy. See photograph 20. The policy had been communicated to all employees through briefings and it was also displayed on the schemes‟ office notice boards. A safety management plan for each scheme had been established. The OSH management plan had addressed issues related to hazards and risks, compliance with regulations such as Occupational Safety and Health Policy, Occupational Safety and Health (Safety Committee) Regulation, Occupational Safety and Health (Use of Standard Exposure of Chemicals Hazardous to Health) Regulation, Occupational Safety and Health (Notification of Accident, Dangerous Occurrence, Occupational Poisoning and Occupational MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 52 of 131 Disease) Regulation, response to Occupational Safety & Health and Environmental emergencies, treatment of illness/injury during the job, Photograph 20: FELDA Group Occupational Safety and Health Policy The hazard identification, risk assessment and risk control had been carried out covering on the activities in the schemes. Relevant administrative procedures had been made available to control the risks identified. Among the activities identified were FFB evacuation in the estates and transportation to mill, chemical mixing and spraying, chemical storage, harvesting and potential occurrence of fire. Appropriate risk control measures had been identified. PPEs that were commonly used by workers include safety boots, helmets, goggles, ear plugs, rubber and cotton gloves, aprons and breathing masks. Records of PPE issued to workers have been maintained. The risk assessment also included that as required by law, that is, Chemical Health Risk Assessment (CHRA) for those employees at FELDA Paloh Water Treatment Plant and Sprayer at the estate who handled and are exposed to chemicals. CHRA had been undertaken. Through records sighting the means of communication to the employees on safe use of chemical were done during training and morning briefing session. It included the explaining of information via MSDS, safe chemical handling procedures and the MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 53 of 131 correctt use of PPE. During the site assessment, it was observed that signage to remind workers to wear appropriate PPE was posted at appropriate places; at Notice board (photograph 21) while at FELDA Paloh, photograph 22 above it was painted in large fonts in dual language, Bengali and Bahasa Malaysia on the wall of the Fertilizer store. Photograph 21: MSDS, proper use of PPE for sprayers and Notification of Occupational Diseases displayed on notice board of the chemical store a result of CHRA exercise Photograph 22: Safety First reminder and the need to comply to PPE usage in Bengali (L) and Bahasa Malaysia (R) painted on wall of Fertilizer store at FELDA Paloh MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 54 of 131 Photograph 23: Unlabelled containers containing Ecomax herbicide Photograph 24: In-field mixing of herbicide chemical (Ecomax) by Sprayer Even though the use of PPE was evident, it was observed that proper usage of PPE needed to be enhanced by workers of FELDA Paloh. Workers were seen not used to donning single cartridge respirator – loosely fitted to face. In addition, the workers should also be encouraged to use collared-shirt to reduce direct contact exposure to chemical around the neck area because overfill from in-field mixing and non-wiping of the overflow mixed herbicides onto Sprayer tank top was seen. Further, the maintenance and proper storage of the PPE given needed improvement. An OFI (MM) against Criterion 4.7 had been raised. In addition to the above another OFI (MM) against Criterion 4.7 for unlabelled container (photograph 23) and the in-field mixing of herbicides (photograph 24) was also raised. Most containers were seen labeled. However, 2 x 4-liter containers (its contents were transferred from a 20-liter drum) containing Ecomax at FELDA Paloh were not. Also at FELDA Paloh, even though Sprayers had been thought the safe handling of in-field mixing of herbicides, the exposure to concentrates could be reduced by delivering pre-mix chemicals from chemical mixing area at estate office to field. Photograph 25: Bridge without side railing Photograph 26: No signage to warn presence of bridge ahead MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 55 of 131 Again at FELDA Paloh, the following observations were assigned OFI against criterion 4.7. A bridge was sighted without side-railings and no signage was erected to indicate the presence of bridge ahead. See photograph 25 and 26 above. This could be dangerous especially for night patrollers as there was a potential that one may fall into the partially dry stream below. Safety aspect was not emphasised. Though the crop evacuation was performed by contractor, risk assessment on the transportation procedure was not adhered to. The contractor was found overloading its lorry with FFB and the safety net meant to cover the fruits was insufficient (short) due to more bunches of FFB being transported. Two layers of FFB on one side of the lorry were exposed (see Photograph 27) and thus could be hazardous to passerby. Although WTP employees were aware that tanks are “Confine space” the stamping of “Confine Space” at Clarifier Tank, Sand/Media Filtration tank, etc. would be valuable. Photograph 27: Overloaded lorry and due to overloading the security net was short to completely cover and secure all FFBs At FELDA Kemelah there appeared to be no SOP for proper and safe keeping of working tools, i.e. harvesting chisels and wheelbarrow were spotted kept in the field. This could lead to unlawful usage of the tools. See photograph 28. At the scheme assessed, as in FELDA Tun Ghafar Macap/Menggong office, a dedicated RSPO Documentation area was made available. See photograph 30. A Document Controller was assigned to be in-charge of the document, ensure its distribution was current and retrieve obsolete document. The assessment team had verified the minutes of meeting of the safety committee which was held quarterly to discuss issues pertaining to workers‟ safety and health at work place. It was noted that first aid box was provided to the field supervisor (in the case of FELDA Paloh it was not with the Supervisor) and also made available at several strategic locations at the office. The first aid boxes were inspected and their contents were found adequate and the medicines supplied have not expired. MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 56 of 131 Photograph 28: Tools (chisel and wheel barrow) left in the field Photograph 29: RSPO Documentation on shelf in a dedicated area of the FELDA scheme office Accident cases had been monitored (see photograph 30) and reported to the FSSS Scheme Manager, who in turn, report to FELDA Headquarters in Kuala Lumpur. Workers were covered by Workman Compensation. All schemes visited had their workers insured against accident; the local workers insured against SOCSO and the foreign workers through underwriter BH Insurance Sdn Bhd. MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 57 of 131 Photograph 30: Safety Performance Scoreboard at FELDA Paloh Photograph 31: Emergency Assembly Point as found at FELDA Kemelah worker’s housing Photograph 32: Telephone numbers of Police Photograph 33: Emergency Telephone Station near FELDA Machap displayed on contact numbers displayed at FELDA FELDA Machap office Notice Board Paloh office Emergency response drill had been conducted at the schemes assessed. Assembly point, emergency telephone contact numbers of essential FELDA personnel and Government Emergency Service Providers, emergency evacuation route and emergency response procedure were made available and published for everyone‟s information. Photograph 31 - 35 show items that had been made available at the schemes visited. MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 58 of 131 Photograph 34: Evacuation Plan of FELDA Tun Ghafar Machap office Photograph 35: Emergency Response Plan of FELDA Paloh displayed near Main Officer for everyone’s information MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 59 of 131 Criteria 4.8 All staff, workers, smallholders and contractors are appropriately trained. Indicator 4.8.1 : A training programme (appropriate to the scale of the organization) that includes regular assessment of training needs and documentation, including records of training for employees are kept. Major compliance Guidance: Appropriate training should be given to all staff, workers and contractors by growers and millers to enable them to fulfill their jobs and responsibilities in accordance with documented procedures. All Estate Hospital Assistants (EHA) are trained on the chemicals used and related laws. Specific National Guidance for Scheme Smallholders Scheme Smallholders The participants and registered workers on participants‟ plots are provided adequate training and skills and this is documented. The trainings can be achieved through extension activities of growers, FFB dealers or mills that purchase fruit from them, or through collaboration with relevant government agencies. Findings: The FSSS CU management had trained their staff, workers and smallholders and records of training are kept. Among the training given were Awareness on RSPO, Safety and Health, Chemical Hazards, Harvesting Technique, Basic Firefighting, Fire & Evacuation Drill, Basic First Aid, Environmental Awareness and Recycling Program. Although safety and health trainings had been initiated, the coverage and topics could be improved and training to be more structured. It was also noted that there was a lack of training (planning and monitoring) for the contractors and their workers as well as keeping of their training records. OFI (MM) Indicator 4.8 against these lackings were raised. Photograph 36: RSPO Awareness Roll-out training and campaign poster MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 60 of 131 The staff, smallholders and plantation workers such as the storekeepers, sprayers and fertilizer applicators interviewed had shown that they understood the hazards of the chemicals and the need to follow the safety procedures. The trade and generic names of the chemicals were made known to the workers through the MSDS training. Photograph 37: The Implementation of Waste separation at source and Recycling Program following training Photograph 38: Safe use of Tools and Techniques for Harvesting and Pruning Training MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 61 of 131 PRINCIPLE 5: ENVIRONMENTAL RESPONSIBILITY AND CONSERVATION OF NATURAL RESOURCES AND BIODIVERSITY Criterion 5.1 Aspects of plantation and mill management, including replanting, that have environmental impacts are identified, and plans to mitigate the negative impacts and promote the positive ones are made, implemented and monitored, to demonstrate continuous improvement. Indicators 5.1.1 Documented aspects and impacts risk assessment that is periodically reviewed and updated. Major compliance 5.1.2 Environmental improvement plan to mitigate the negative impacts and promote the positive ones, is developed, implemented and monitored. Minor compliance Specific National Guidance for Scheme Smallholders Scheme Smallholders Scheme Managers should undertake and document aspects and impacts risk assessment, developed with the participation of the representatives of organized smallholders that sets out appropriate management planning and operational procedures for each impact identified. For significant impact time bound action plans and operational procedures should be drawn to mitigate the negative impacts. The impact assessment should cover: Building and maintenance of roads to service smallholdings and provide access to mills Putting in drainage or irrigation systems. Replanting or expansion of smallholdings. Clearing of remaining natural vegetation and the need to avoid the use of fire (see 5.5) Findings: The FSSS had conducted an environmental aspects and impact risk assessment for each of its scheme. The assessors had sighted the document (see photograph 39) on the Identification of Environmental Aspects and Evaluation of Impacts. Records on environmental impact and mitigation measures relating to the operations of the scheme and waste generation were also presented. The risk assessment would be reviewed annually. Photograph 39: The Aspect Identification and Impact Evaluation Worksheet as completed by FELDA Kemelah MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 62 of 131 Environmental improvement plans to mitigate the identified negative impacts had been implemented. Among the improvement plans set include identifying buffer zones, no open burning and littering, bunding of diesel storage tank as evident in photographs 40-42 respectively, oil spill control and emergency preparedness and segregation of recyclable waste, At FELDA Pemanis 2 implementation of the improvement plan on oil spill control was underway at the recycle waste store. Photograph 43 showed the oil trap system under construction at the outlet of the drain from the store. Photograph 40:Riparian zone signage erected in field Photograph 41: No open burning and no littering signage erected in the field Photograph 42: Bunded and covered Photograph 43: An oil trap system diesel storage tank constructed at the outlet of the drain at Recycle storage area of FELDA Pemanis 2 MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 63 of 131 Criterion 5.2 The status of rare, threatened or endangered species (ERTs) and high conservation value habitats, if any, that exists in the plantation or that could be affected by plantation or mill management, shall be identified and their conservation taken into account in management plans and operations. Indicator 5.2.1 Identification and assessment of HCV habitats and protected areas within landholdings; and attempt assessments of HCV habitats and protected areas surrounding landholdings. Major compliance 5.2.2 Management plan for HCV habitats (including ERTs) and their conservation. Major compliance 5.2.3 Evidence of a commitment to discourage any illegal or inappropriate hunting fishing or collecting activities, and developing responsible measures to resolve human-wildlife conflicts. Minor compliance Specific Guidance: Identify ERTs and establish their conservation status based on national and state conservation schedules; and should provide evidence of attempts to do likewise for immediate adjacent areas. In the event that the conservation status of a species has not been assessed locally, the IUCN list should be used to determine and report conservation status. Management plans to include areas for improvement. Where appropriate, the above activities to be conducted involving relevant stakeholders Specific National Guidance for Scheme Smallholders Scheme Smallholders Scheme Managers should compile information about the status of these aspects for their organized smallholders, as well as the associated mill and directly managed estate (if any). If ERTs or HCV habitats are present or potentially affected by the small holdings, appropriate measures should be employed to maintain or enhance them depending on the size of the scheme. Findings: The Scheme Managers of the visited sites via a team from Sustainability Department, FELDA Agricultural Services Sdn Bhd had compiled information about the status of High Conservation Value (HCV) within and adjacent to their schemes. The HCV Assessment Report, completed in February 2011, had assessed HCV sites in each of the five schemes visited, that is, FELDA Bukit Senggeh, FELDA Kemendore, FELDA Pemanis 1, FELDA Pemanis 2 and FELDA Kemelah Estate. The assessment team had inspected the sites and made consultation with local government agencies (e.g. PERHILITAN, Forestry Department and JHEOA) to confirm the presence of potential HCVs. The action plan implemented was to continue communicate with relevant stakeholder once every 3 months to monitor any illegal activities within the areas. The consultation arranged by the respective Scheme Manager was held where members of the scheme participants and local communities were represented in the meeting to discuss the findings in the report. No sites classified as HCV 1, 2, 3 & 5 were recorded within all FSSS CU. However endangered and vulnerable species were documented to have their distribution range in the estates. The report had also listed endemic mammals and birds whose range had overlapped within the estates in the FSSS. MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 64 of 131 External HCV sites classified as HCV 1 were recorded at FELDA Bukit Senggeh and FELDA Kemendore. The sites and maps demarcating the external HCV sites had also been prepared. FELDA Bukit Senggeh is located besides Bukit Senggeh Forest Reserved, and FELDA Kemendore is situated near Gapis Forest Reserved and Bukit Langsat Recreational Forest. Photographs 44 and 45: Signage indicating No Hunting in FELDA Tun Ghaffar Bukit Senggeh (L) and FELDA Kemelah (R) A summary of HCV Monitoring Management Action Plan had been written for each scheme. They were examined during the assessment. It was observed that signage had been erected at each scheme to ban hunting. The signage had been erected at every road entrance to warn that no activities such as hunting was permitted in these areas. See photograph 44 and 45 above. Criterion 5.3 Waste is reduced, recycled, re-used and disposed off in an environmentally and socially responsible manner. Indicators 5.3.1 Documented identification of all waste products and sources of pollution. Major compliance 5.3.2 Having identified wastes and pollutants, an operational plan should be developed and implemented, to avoid or reduce pollution. Minor compliance Specific Guidance : Scheduled wastes to be disposed as per EQA 1974 (Scheduled Wastes) Regulations, 2005. Reference to be made to the national programme on recycling of used HDPE pesticide containers. Municipal waste disposal as per local authority or district council in accordance to the Ministry of Health guidelines (i.e. specifications on landfills, licensed contractors, etc) or Workers‟ Minimum Standards of Housing and Amenities Act 1990 (Act 446). Indicator 5.3.3 Evidence that crop residues / biomass are recycled (Cross ref. C4.2). Minor compliance Specific Guidance: POME should be discharged in compliance with the Environmental Quality Act 1974 (Act 127) and Regulations. MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 65 of 131 For Sabah and Sarawak, POME should be discharged according to the respective state policies. Specific National Guidance for Scheme Smallholders Scheme Smallholders Scheme managers should develop and implement an appropriate plan for the management and disposal of waste from smallholdings including the safe disposal of pesticide containers (e.g. National Programme on recycling of used HDPE pesticide containers). Scheme managers should encourage/ educate participants to use resources efficiently and apply reduce, reuse, recycle methods wherever feasible/possible. Findings: FSSS management had established a waste management system for identification of wastes and plans to reduce and dispose them in an environmentally and socially responsible manner. There was a program to encourage recycling of solid wastes with recycle bins provided in the settler‟ housing areas and offices. Photographs 46 and 47 : Few plastic containers found scattered in the plantations of FELDA Kemendore (L) and FLEDA Pemanis 2 (R) However, it was observed that some plastic containers (for example drinking water bottles and herbicide drums) were found at FELDA Kemendore, Paloh and Pemanis 2 schemes. At FELDA Pemanis 2 the assessor was informed the containers were scattered around the scheme due to heavy flood smashing the store last week. Based on interview and verification on records held with managers, it was found that smallholders had been reminded during the JKKR meeting of the need for proper disposal and recycle. Thus, the implementation on awareness for recycling plastic wastes needed to be improved, albeit an ongoing campaign. An OFI (AAB) against Indicator 5.3.3 had been given. At the line site, household wastes were collected by contractor and disposed off at dedicated landfill areas. Each area consists of many pits that were active for around one month. These pits were then covered with layer of soil to prevent breeding of flies and mosquitoes. However, at FELDA Paloh, the pits for landfill contained water during rainy season (see photograph 48). At FELDA Kemelah the back filling with soil was not frequently done either. In deed there was a need to improve managing the system by regularly filling up of soil layer by layer to prevent breeding of flies and mosquito. An OFI (AAB) Indicator 5.3.3 had also been raised. MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 66 of 131 Ironically, all wastes separated at source, biodegradable and non-biodegradable were seen mixed and dumped into the pits. It defeated the purpose of segregation. The disposal at landfill need to be separated as well but this was not evident at FELDA Paloh and Kemelah. Alternatively, since plastics containers and paper were separated at source they could be collected and sold to recycle traders An OFI (AAB) Indicator 5.3.3 had also been raised. Photographs 48 and 49 : Landfill not properly managed. (L) FELDA Paloh pit containing water. (L & R) Pits at FELDA Paloh and Kemelah respectively contained mixed waste (paper, plastic and foam) Criterion 5.4 Efficiency of energy use and use of renewable energy is maximized. Indicators 5.4.1 Monitoring of renewable energy use per tonne of CPO or palm product in the mill. Major compliance 5.4.2 Monitoring of direct fossil fuel use per tonne of CPO or kW per tonne palm product in the mill (or FFB where the grower has no mill). Minor compliance Guidance: To establish baseline values and observe trends within appropriate time-frame. Growers and millers should assess the energy use including fuel and electricity, and energy efficiency of their operations. The feasibility of collecting and using biogas, biodiesel and biofuels should be studied if possible. Specific Guidance : Scheduled wastes to be disposed as per EQA 1974 (Scheduled Wastes) Regulations, 2005. Reference to be made to the national programme on recycling of used HDPE pesticide containers. Municipal waste disposal as per local authority or district council in accordance to the Ministry of Health guidelines (i.e. specifications on landfills, licensed contractors, etc) or Workers‟ Minimum Standards of Housing and Amenities Act 1990 (Act 446). Indicator 5.4.3 Evidence that crop residues / biomass are recycled (Cross ref. C4.2). Minor compliance MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 67 of 131 Guidance: To establish baseline values and observe trends within appropriate time-frame. Growers and millers should assess the energy use including fuel and electricity, and energy efficiency of their operations. The feasibility of collecting and using biogas, biodiesel and biofuels should be studied if possible . Specific National Guidance for Scheme and Independent Smallholders Scheme Managers Mill managers should be encouraged to develop appropriate action plan for improving the efficiency of energy use in their schemes and land holdings. Findings: There is no palm oil mill operated in the FSSS CU. Therefore, there is no issue on this criterion. Criterion 5.5 Use of fire for waste disposal and for preparing land for replanting is avoided except in specific situations, as identified in the ASEAN Guidance or other regional best practice. Indicators: 5.5.1 No evidence of open burning. Where controlled burning occurs, it is as prescribed by the Environmental Quality (Declared Activities) (Open Burning) Order 2003. Major compliance 5.5.2 Previous crop should be felled/mowed down, chipped/shredded, windrowed or pulverized/ ploughed and mulched. Minor compliance Specific Guidance: A special dispensation from the relevant authorities should be sought in areas where the previous crop or stand is highly diseased and there is a significant risk of disease spread or continuation into the next crop. 5.5.3 No evidence of burning waste (including domestic waste). Minor compliance Specific National Guidance for Scheme and Independent Smallholders Scheme Smallholders Scheme and Group Managers should carry out training and provide extension support to their participants to avoid using fire for land preparation or open burning is not used except in accordance with ASEAN guidelines or other regional best practice. Findings: It was verified during the assessment through site visits, interviews and records sightings that no open burning had been carried out in line with the CU‟s policy on zero burning. The Scheme Managers had carry out training and provide extension support to their participants to avoid open burning. Further, there was evident that at the line site garbage collection contractors came to collect the household refuse. In the fields assessed there were adequate warning signs not permitting open burning and littering, for example, as shown in photograph 50 below. MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 68 of 131 There was no replanting program being scheduled other than FELDA Paloh in 2012 as most schemes had been established with immature and grown-up palms prior to this assessment. Photograph 50: Signage indicating no open burning permitted and do not throw rubbish Criterion 5.6 Plans to reduce pollution and emissions, including greenhouse gases, are developed, implemented and monitored. Indicators: 5.6.1 Documented plans to mitigate all polluting activities (Cross ref to C 5.1). Major compliance 5.6.2 Plans are reviewed annually. Minor compliance Specific Guidance: Pollutants and emissions are identified and plans to reduce them are developed in conformance to national regulations and guidance. 5.6.3 Monitor and reduce peat subsidence rate through water table management. (Within ranges specified in C 4.3). Minor compliance Specific National Guidance for Scheme and Independent Smallholders Scheme Managers Scheme Managers should include an assessment of all polluting activities by their participants and develop abatement plan. MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 69 of 131 Findings: FSSS CU had documented plans to mitigate all the identified pollution and emission. The assessor had verified the plans and among the planned actions were the construction of an oil trap and bunded and covered diesel storage tank. The plans will be reviewed annually by the scheme manager. There was no palm oil mill nor peat soil area in the FSSS CU. Therefore, Indicator 5.6.3 is not applicable. PRINCIPLE 6: RESPONSIBLE CONSIDERATION OF EMPLOYEES AND OF INDIVIDUALS AND COMMUNITIES AFFECTED BY GROWERS AND MILLS Criterion 6.1 Aspects of plantation and mill management, including replanting, that have social impacts are identified in a participatory way, and plans to mitigate the negative impacts and promote the positive ones are made, implemented and monitored, to demonstrate continuous improvement. Indicators: 6.1.1 A documented social impact assessment including records of meetings. Major compliance Specific Guidance: Non-restrictive format incorporating elements spelt out in this criterion and raised through stakeholder consultation including local expertise. 6.1.2 Evidence that the assessment has been done with the participation of affected parties. Minor compliance Specific Guidance: Participation in this context means that affected parties or their official representatives or freely chosen spokespersons are able to express their views during the identification of impacts, reviewing findings and plans for mitigation, and monitoring the success of implemented plans. 6.1.3 A timetable with responsibilities for mitigation and monitoring is reviewed and updated as necessary. Minor compliance Guidance: Identification of social impacts may be carried out by the grower in consultation with other affected parties, including women and migrant workers as appropriate to the situation. The involvement of independent experts should be sought where this is considered necessary to ensure that all impacts (both positive and negative) are identified. Particular attention should be paid to the impacts of outgrower schemes (where the plantation includes such a scheme). Plantation and mill management may have social impacts on factors such as: 1. Access and use rights. 2. Economic livelihoods (e.g. paid employment) and working conditions. 3. Subsistence activities. 4. Cultural and religious values. 5. Health and education facilities. 6. Other community values, resulting from changes such as improved transport /communication or arrival of substantial migrant labour force. MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 70 of 131 Specific National Guidance for Scheme and Independent Smallholders Scheme Smallholders Management aspects that can result in social impact should be identified with the consultation of their participants or representatives. If it warrants, a documented SIA should be conducted with the participation of the affected parties. A time bound mitigation plan with responsibilities should be drawn and implemented (with review and update if necessary). Findings: FELDA had prepared standard questionnaires which were carried out at the regional level (for external stakeholders) and scheme level (for internal stakeholders) through consultation with stakeholders to identify potential social impacts and plan for mitigation measures to be taken to control the negative impacts. Subsequently, a social impact assessment report was prepared and the negative impacts were monitored through management plan. Meetings had been held with the stakeholders to discuss the findings of the SIA and management plan to overcome the negative impacts. The records of meetings were made available. The guidance as specified in Criterion 6.1 was considered in the conduct of the study. The social impact assessment conducted and reported can be further improved and an OFI (LHF) against this criterion had been raised. The assessment team held separate meetings involving the stakeholders to deal with grievances. Discussion with the different types of stakeholders (settlers, Orang Asli, youths, women organisation) indicated that their grievances were dealt with through formal meetings of JKKR, GWP and Belia or informal discussions. Records of these meetings including photographgraphs of attendees and minutes were examined. The CU had created employment opportunities and economic spin-offs in the local economy. Although oil palm plantation was the main source of income of the settler, they did not limit their source of income to one activity only. A small number of them had started to involve themselves in the business field by opening sundry shops, herding livestock, making frozen foods and others. Workers and staff had been provided with free furnished accommodation, free water supply and electricity, and free basic medical care. Various programmes had been implemented in the schemes involving the participation of all settlers. The emphasis was on education, health, spirituality and the strengthening of the family institution. On education, emphasis was given to the implementation of the Family Literacy Centre (PLK) for children between three and five years old, FELDA Community Rehabilitation Centre (PDK), Regional Tuition Centre and the FELDA Tuition Scheme (STF) were carried out with the cooperation of the Ministry of Education of Malaysia. The New Generation Skills Programme continued to train youths in various skills at certificate and diploma levels. MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 71 of 131 At the same time, different types of loans and assistance were made available for the benefit of settlers. These facilities were helpful in improving educational achievement and quality of life of the FELDA community. As for the new generation, there was continued emphasis on human capital development through leadership activities, trainings, spiritual programs, sports and culture, and participation in voluntary bodies, organized by FELDA or jointly with government agencies. Through participation in the programs, success had been achieved in strengthening youths' personality and strength of character and in their avoidance of social delinquency. Another unique features of FELDA‟s development model was that the settlers, the primary beneficiaries of its services, not only owned their agricultural holdings but collectively, they also owned the commercial enterprises of the group through their investments in the FELDA Investment Cooperative (FIC) or Koperasi Permodalan FELDA (KPF), which is the principal shareholder of FELDA Holdings Bhd, the investment holding company of the group. The FIC was set up in 1980 with the primary purpose of encouraging the settlers to adopt a culture of savings and thrift and to provide an investment vehicle for their surplus income. More than 90% of the membership of the cooperative comprised of settlers. Since its establishment, the cooperative had shown remarkable growth with the members‟ capital having increased more than six times in the last 13 years, and, similarly, over the same period, its income, derived mainly from the profits of the FELDA Holdings group, expanded from RM36 million to RM254 million. In view of its robust performance, the FIC had consistently declared cash dividends to its members, ranging from 10% to 15% per annum. These were extremely high rates compared to the current average of 2.5% on bank deposits and dividend yields of less than 4% on Malaysian stocks. By maintaining sterling performance and rewarding its members with high yields, the FIC had been successful in supplementing the settlers‟ incomes and motivating them to continue to save for their future. Criterion 6.2 There are open and transparent methods for communication and consultation between growers and/or millers, local communities and other affected or interested parties. Indicators: 6.2.1 Documented consultation and communication procedures. Major compliance 6.2.2 A nominated plantation management official at the operating unit responsible for these issues. Minor compliance 6.2.3 Maintenance of a list of stakeholders, records of all communication and records of actions taken in response to input from stakeholders. Minor compliance Specific Guidance: Decisions that the growers or mills are planning to make should be made clear, so that local communities and other interested parties understand the purpose of the communication and/or consultation. Communication and consultation mechanisms should be designed in collaboration with local communities and other affected or interested parties. These should consider the use of existing local mechanisms and languages. Consideration should be given to the existence/ formation of a multi-stakeholder forum. Communications should take into account differential access to information of women as compared to men, village leaders as compared to day workers, new versus established community groups, and different ethnic groups. MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 72 of 131 Consideration should be given to involving third parties, such as disinterested community groups, NGOs, or government (or a combination of these), to facilitate smallholder schemes and communities, and others as appropriate, in these communications. Specific National Guidance for Scheme and Independent Smallholders Scheme Smallholders Scheme Managers should provide the necessary mechanism and designate an officer for consultation and communication with participants/representatives and other stakeholders and this should be documented. Findings: There were open and transparent methods for communication and consultation between FELDA management and settlers, private millers, local communities and other affected or interested parties. The management had established procedures to address communication and consultation with all stakeholders both internal and external. The Scheme Manager, being the senior most person of FELDA management at the scheme level was tasked as being responsible for these issues. A list of stakeholders was maintained, including settlers, Orang Asli community in Kg. Segamat Kecil and Malay villages in the vicinity. Settlers‟ involvement and participation were encouraged. Issues among settlers were discussed at Block Meeting (consisting of 24 settlers‟ house per block), Gerakan Perkumpulan Wanita (GPM) meeting, Belia meeting and then brought to the attention of Jawatankuasa Kemajuan dan Keselamatan Rancangan (JKKR) meeting who in turn discussed them with Scheme Manager. Matters related to the quality and pricing of FFB were discussed at the Joint Consultative Meeting (JCC) chaired by the private mills with membership from Scheme Manager and settlers‟ representative. Settlers also communicated with the scheme‟s Social Development Authority (SDA), a FELDA staff member. There were documents, produced by the scheme to show the existence of documented consultations and communication. Other forms of Management communication with, to or from staff and settlers and interested parties included the following: Assembly Internal circulars/memos Notice board and posters Environmental and social campaigns Management by walk-about Suggestion boxes Daily informal communication Through Staff/workers representative Through written complaint form The language of communications had been Malay or English where appropriate. MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 73 of 131 Photograph 51: One to one interview, SIRIM QAS Assessor with field worker Community leaders, workers‟ representatives, and suppliers whom were met during the assessment had confirmed that consultations had been held. See photograph 52 and 53. Consultations were held with randomly selected workers of the scheme involved in the assessment as well as contractors and suppliers. Issues related to Principle 6 and other related criteria were discussed. Photograph 52: Assessment interview with settler’s on FFB pricing MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 74 of 131 Criterion 6.3 There is a mutually agreed and documented system for dealing with complaints and grievances, which is implemented and accepted by all parties. Indicators: 6.3.1 Documentation of the process by which a dispute was resolved and the outcome. Major compliance Specific Guidance: Records are to be kept for 3 years. 6.3.2 The system resolves disputes in an effective, timely and appropriate manner. Minor compliance 6.3.3 The system is open to any affected parties. Minor compliance Guidance: Dispute resolution mechanisms should be established through open and consensual agreements with relevant affected parties. Complaints may be dealt with by mechanisms such as Joint Consultative Committees (JCC) with gender representation. Grievances may be internal (employees) or external. Specific National Guidance for Scheme and Independent Smallholders Scheme Smallholders Scheme and Group Managers should provide the necessary mechanism to deal with complaints and grievances by their participants and other stakeholders and the outcome is open to affected parties. The management should actively seek to resolve the complaint and grievances within a reasonable period. Findings: There was a mutually agreed and documented system for dealing with complaints and grievances, both within the scheme as well as with mill purchasing the FFB (refers C6.2). Complaint form was available at all schemes for any interested parties to register complaints and a procedure for resolving disputes had been established. On top of that, suggestion boxes were available at the scheme‟s offices. The Scheme Managers also gathered information from the field from various stakeholders on a regular basis through meetings as sighted in meeting minutes. Assessment of records in all the schemes assessed revealed that complaints were resolved in an appropriate manner. Samples of complaints had been examined and overall no serious issues were observed. The assessor sighted records of complaints made by stakeholders (particularly settlers) that were kept in FELDA Tun Ghafar Kemendore, Tun Ghafar Bukit Senggeh, Pemanis 1, Pemanis 2 and Kemelah. The complaints and their outcomes were appropriately recorded and filed. Assessment of consultation had with the Orang Asli in Kg Gapam Baru showed that there was no dispute between them and FELDA Tun Ghafar Kemendore / FELDA Tun Ghafar Bukit Senggeh. See photograph 54. There were also evidence of communication with the surrounding villagers (Orang Asli at Kg Gapam Baru and Kg Segamat Kecil). MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 75 of 131 . Photograph 53: Assessment consultations with Orang Asli villagers at Kg. Gapam Baru Criterion 6.4 Any negotiations concerning compensation for loss of legal or customary rights are dealt with through a documented system that enables indigenous peoples, local communities and other stakeholders to express their views through their own representative institutions. Indicators: 6.4.1 Establishment of a procedure for identifying legal and customary rights and a procedure for identifying people entitled to compensation. Major compliance 6.4.2 A procedure for calculating and distributing fair compensation (monetary or otherwise) is established and implemented. This takes into account gender differences in the power to claim rights, ownership and access to land; and long-established communities; differences in ethnic groups‟ proof of legal versus communal ownership of land. Minor compliance 6.4.3 The process and outcome of any compensation claims is documented and made publicly available. Minor compliance Specific Guidance: This criterion should be considered in conjunction with Criterion 2.3. Specific National Guidance for Scheme and Independent Smallholders Scheme Smallholders Scheme and Group Managers should be able to show that they have acquired and/or allocated land for their organized smallholdings in compliance with this criterion. If any land acquisition requires fair compensation, it should be dealt with documented system that includes respective parties involved and settlement details, if such provision is not available judicially. MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 76 of 131 Findings: There had been no history of legal or customary right claim by indigenous people, including the Orang Asli community in Kg. Gapam Baru, located between FELDA Tun Ghafar Kemendore and FELDA Tun Ghafar Bukit Senggeh local community or other stakeholders. The FELDA schemes were established about 50 years ago while the Orang Asli only shifted to the current location in 2004. Similarly the Orang Asli in Kg Segamat Kecil, located at the outer fringe of FELDA Kemelah did not claim any customary land in the former area. There had yet to be a documented system that enables local communities to express their views even though Orang Asli communities were consulted from time to time. The Scheme Managers at FELDA Tun Ghafar Kemendore and FELDA Tun Ghafar Bukit Senggeh maintained close rapport with the Orang Asli leaders and considered issues raised by them and took appropriate action. A good example was the construction of a new bus stop near the Orang Asli settlement. Criterion 6.5 Pay and conditions for employees and for employees of contractors always meet at least legal or industry minimum standards and are sufficient to provide decent living wages. Indicators: 6.5.1 Documentation of pay and conditions. Major compliance 6.5.2 Labour laws, union agreements or direct contracts of employment detailing payments and conditions of employment (e.g. working hours, deductions, overtime, sickness, holiday entitlement, maternity leave, reasons for dismissal, period of notice, etc) are available in the language understood by the workers or explained carefully to them by a plantation management official in the operating unit. Minor compliance 6.5.3 Growers and millers provide adequate housing, water supplies, medical, educational and welfare amenities in accordance with Workers‟ Minimum Standard of Housing and Amenities Act 1990 (Act 446) or above, where no such public facilities are available or accessible (not applicable to smallholders). Minor compliance Guidance: Where temporary or migrant workers are employed, a special labour policy should be established. This labour policy would state the non discriminatory practices; no contract substitution of original contract, post arrival orientation program to focus especially on language, safety, labour laws, cultural practices etc; decent living conditions to be provided. Migrant workers are legalised, and a separate employment agreement should be drawn up to meet immigration requirements for foreign workers, and international standards, if ratified. Specific National Guidance for Scheme and Independent Smallholders Scheme Smallholders Where temporary or migrant workers are employed, a special labour policy should be established. This labour policy would state the non discriminatory practices; no contract substitution of original contract, post arrival orientation program to focus especially on language, safety, labour laws, cultural practices etc; decent living conditions to be provided. Migrant workers are legalised, and a separate employment agreement should be drawn up to meet immigration requirements for foreign workers, and international standards, if ratified. The Managers should educate the participants on legal obligations in employing workers on their plot/land. MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 77 of 131 Findings: The pay and conditions of employment for FELDA staff were documented in the FELDA Scale of Payment. Their salary, wages and benefits scheme closely followed the Government of Malaysia rules and regulations. Assessors were shown the terms of reference or signed contracts in Bahasa Malaysia between employers and employees stipulating the position, working hours, type of work, location of work, workers‟ responsibility, wages, allowances, holidays, rest days, annual leave, fringe benefits, levy deductions (for foreign workers), dismissal, etc. For foreign workers their terms of employment were explained to them by FELDA Management. The payment for contract workers was based on piece rate. The rate of payment was made known to all workers. Interview with a number of workers during the assessment showed that workers were generally happy with the salaries given which was above average. At FELDA Paloh, the harvesters‟ payroll slip was transparent for the workers to check their earnings. However, at FELDA Tun Ghafar Macap/Menggong payment to harvesters was made through Koperasi FELDA, the contract holder who employed the foreign workers. The assessor could not verify the documentation as Koperasi FELDA was not part of the RSPO Certification Unit. In addressing indicator 6.5.3, all schemes visited showed that FELDA had provided decent houses and other facilities meeting the Workers‟ Minimum Standard of Housing and Amenities Act 1990 to the settlers, their employees and contract workers. In most cases they exceeded national standards. The Bangladeshi and Indonesian workers were housed in the quarters within the FELDA Kemelah settlement area with free piped water and electricity supply. The contractors in FELDA Tun Ghafar Kemendore rented a house outside the scheme with basic facilities such as water and electricity supply for their Indonesian workers. The contractor in Pemanis 1 constructed wooden houses in Pemanis 1 for his six Indonesian workers but there was an absence of a toilet for these workers and they use the river water in the scheme for bathing and home consumption. An OFI (LHF) was raised against this requirement, Indicator 6.5.3. FELDA had clearly demonstrated its welfare commitment to the settlers, staff and contract employees by uplifting their living standards since its beginning but in stages. The early settlers of the land scheme were given wooden houses, albeit, built by FELDA but deducted progressively (monthly deduction against FFB sold) over an agreed period. They led a modest live. But today all that had changed with the houses in the settlements can match to those found in the upscale neighbourhood of high class city living. It was made possible with the assistance of Housing Loan Fund set-up by FELDA and given to those qualified. photographs 55 to 60 depicted the type of houses found in the scheme. They were respectively, (successful) settler‟s bungalow, staff quarters, Manager‟s house and contract workers accommodation. MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 78 of 131 Photograph 54: FELDA built house for Photograph 55: Worker’s provided settlers in scheme accomodation in FELDA Paloh scheme Photograph settlement 56: Manager’s house in Photograph 57: Contract employees hostel in FELDA Kemelah scheme Photographs 58 and 59: FELDA Kemelah settlers upgrading their houses to bungalows replacing the ones shown in photograph 55. MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 79 of 131 In fact, FELDA settlement established 20 years ago once categorised as remote settlement now has all the amenities (water supplies, medical, educational, shop lots, bus and taxi terminal, IT centre, multi-purpose halls, market and many more) of a modern town. In stages, FELDA settlement in this CU assessed had transformed into growth centres. More pictures below showed what are currently available at FSSS CU settlement that had been assessed. In providing awareness to healthy living condition, FELDA organised „the most beautiful house‟ and the most beautiful FELDA Scheme contest on annual basis. Interviews with workers and their dependant revealed that generally they were happy with the living condition and they were aware that any issues relating to the housing and its facilities can be resolved through the available channel (cross refer to C6.3). Photograph 60: Mosque made available by FELDA Photograph 61: A rural medical clinic built by government at FELDA Kemelah Photograph 62: A multi-purpose hall found in scheme Photograph 63: A mini market catering needs for settlers MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 80 of 131 Photograph 64: Broadband IT Center at scheme Photograph 65: Inside of Broadband IT Center – learning session in progress Photograph 66: Government Primary School at FELDA Bukit Senggeh Photograph 67: Row of shops within the scheme Criterion 6.6 The employer respects the right of all personnel to form and join trade unions of their choice and to bargain collectively. Where the right to freedom of association and collective bargaining are restricted under law, the employer facilitates parallel means of independent and free association and bargaining for all such personnel. Indicators: 6.6.1 Documented minutes of meetings with main trade unions or workers representatives. Major compliance 6.6.2 A published statement in local languages recognizing freedom of association. Minor compliance Guidance: The right of employees and contractors to form associations and bargain collectively with their employer should be respected. Documented company policy recognizing freedom of association. Labour laws and union agreements or in their absence, direct contracts of employment detailing payments and other MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 81 of 131 conditions are available in the languages understood by the workers or explained carefully to them by a plantation management official in the operating unit. Specific National Guidance for Scheme and Independent Smallholders Scheme Smallholders Scheme managers must respect the right of participants to form and represent themselves through their own representative associations and / or trades unions and accept them as parties to participatory processes, consultations, communications and negotiations in the management of the scheme. Findings: Photograph 68: Freedom to Join Volunteer Service Organization Policy FELDA in general advocated the freedom and rights of the settlers, employees and contractors to form associations and to bargain collectively for the benefits of the settlers and employees. At the scheme level the Scheme Managers of FSSS CU respected the right of participants to MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 82 of 131 form and represent themselves through their own representative associations and / or trades unions and accepted them as parties to participatory processes, consultations, communications and negotiations in the management of the scheme. Such associations included Koperasi Permodalan FELDA (for settlers and their family members to join and invest), Youth Association (Belia 4B), Persatuan GWP, for the female employee and many others. FELDA staffs are members of Persatuan Kakitangan FELDA (Staff Association). A staff member at FELDA Kemelah confirmed that she is a member of Persatuan Ibu Tunggal Daerah Segamat (Single Women Association, Segamat District) since 2005. The workers whom were consulted had confirmed that they were aware of their rights to join a union. On the other hand, foreign workers were subjected to Immigration Department‟s terms and conditions of employment which restrict them from having association. FELDA has a policy on stating freedom of settlers and workers to participate in voluntary organization entitled “Polisi Kebebasan Menganggotai Khidmat Sukarela”. The policy was seen displayed on the notice board of scheme offices, for example as shown in photograph 68. Criterion 6.7 Children are not employed or exploited. Work by children is acceptable on family farms, under adult supervision, and when not interfering with education programmes. Children are not exposed to hazardous working conditions. Indicator: 31 6.7.1 Documented evidence that minimum age requirement is met. Major compliance Guidance: Growers and millers should clearly define the minimum working age, together with working hours. Only workers 16 years and older may be employed, with the stated exception of family farms. Smallholders should allow work by children only if permitted by national regulations. The minimum age of workers should be not less than 16 years, or the minimum school leaving age, or the minimum age permitted under national regulations, where higher. Specific National Guidance for Scheme and Independent Smallholders Scheme Smallholders Children should only be allowed work in schemes and individual land holdings if permitted by national regulations and not interfering with education programmes. Under such situation, children should only work under adult supervision. Findings: FELDA has a written policy prohibiting the employment of children below 17 years of age and it was seen displayed at the scheme offices. Records sighted showed no person under the age of seventeen was employed by the company. Personal information of workers revealed that all workers were above 16 years old. Hence, there was no evidence of use of waged child labour in scheme operation. MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 83 of 131 Criterion 6.8 Any form of discrimination based on race, caste, national origin, religion, disability, gender, sexual orientation, union membership, political affiliation, or age, is prohibited. Indicators: 6.8.1 A publicly available equal opportunities policy. Major compliance 6.8.2 Evidence that employees and groups including migrant workers have not been discriminated against. Minor compliance Guidance: The grievance procedures detailed in 6.3 apply. Positive discrimination to provide employment and benefits to specific communities is acceptable as part of negotiated agreements. Specific National Guidance for Scheme and Independent Smallholders Scheme Smallholders Scheme managers must ensure that women, indigenous peoples and minorities participate in negotiating processes. Positive discrimination to provide employment 32 and benefits to specific communities is acceptable as part of negotiated agreements. All stakeholders should participate in the negotiating processes. Findings: A clear policy of equal opportunities, ”Polisi Kesetaraan Peluang”, as shown in Photograph 69 had been established, written and signed by FELDA Managing Director and had been sighted displayed at scheme offices. The policy stated clearly the equal rights to all employees irrespective of race, caste, nationality, religion, gender, union member, political affiliation and disability. There was evidence the FSSS CU and their contractors had abided by the said policy and did not engage or support discrimination. The absence of discrimination was confirmed in discussions with settlers and FELDA staff in Tun Ghafar Kemendore, Tun Ghafar Bukit Senggeh, Pemanis 1, Pemanis 2 and Kemelah. All workers (local or migrant) had been covered by the same payments and conditions of employment associated with the jobs they were hired for. This was confirmed by checking on the letter of offer to the employees and through consultations held with the workers from Malaysia, Indonesia and Bangladesh. MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 84 of 131 Photograph 69: Equal Opportunity Policy Criterion 6.9 A policy to prevent sexual harassment and all other forms of violence against women and to protect their reproductive rights is developed and applied. Indicator: 6.9.1 A policy on sexual harassment and violence and records of implementation. Major compliance 6.9.2 A specific grievance mechanism is established. Major compliance Guidance: There should be a clear policy developed in consultation with employees, contractors and other relevant stakeholders, which should be publicly available. The policy is applicable within the boundaries of the plantation/mills or while on duty outside the premises. Progress in implementing the policy should be regularly monitored and the results of monitoring activities should be recorded. MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 85 of 131 A committee specifically to address concerns of women may be required to comply with the criterion. This committee will consider matters such as; training on women‟s rights, counselling for women affected by violence and child care facilities to be provided by the growers and millers. The activities of the committee should be documented. Specific National Guidance for Scheme and Independent Smallholders Scheme Smallholders For Scheme Managers, there should be a clear policy made publicly. Findings: FELDA had documented its policy on sexual harassment and violence where the statement “Polisi Gangguan Seksual” Seksyen 22, kod etika dan tatalaku petugas: was seen displayed at a number of locations in the office. See photograph 70. The policy in Bahasa Malaysia, in language they understood, was made available to all female employees. Photograph 70: Sexual harassment and violence policy MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 86 of 131 Grievances on sexual harassment were dealt with through the formal channels such as JKKR, GPW and Belia (Youth Movement). A Gender Committee, whose responsibilities among others was to look into gender issues had been established in each scheme being assessed. For example, at FELDA Kemelah, the Gender Committee “Jawatankuasa GWP” was in place and all redress concerning female employees had been discussed. The absence of sexual harassment was confirmed in discussions with female settlers and female FELDA staffs in Tun Ghafar Kemendore, Tun Ghafar Bukit Senggeh, Pemanis 1, Pemanis 2 and Kemelah. Criterion 6.10 Growers and mills deal fairly and transparently with smallholders and other local businesses. Indicators: 6.10.1 Pricing mechanisms for FFB and inputs/services shall be documented. Major compliance 6.10.2 Current and past prices paid for FFB shall be publicly available. Minor compliance 6.10.3 Evidence that all parties understand the contractual agreements they enter into, and that contracts are fair, legal and transparent. Minor compliance 6.10.4 Agreed payments shall be made in a timely manner. Minor compliance Guidance: Transactions with smallholders should consider issues such as the role of middlemen, transport and storage of FFB, quality and grading. Smallholders must have access to the grievance procedure under Criterion 6.3, if they consider that they are not receiving a fair price for FFB, whether or not middlemen are involved. The need for a fair and transparent pricing mechanism is particularly important for outgrowers, who are contractually obliged to sell all FFB to a particular mill. If mills require smallholders to change practices to meet the RSPO criteria, consideration must be given to the costs of such changes, and the possibility of advance payments for FFB could be considered. Specific National Guidance for Scheme and Independent Smallholders Scheme Smallholders Scheme Managers are responsible for fair and transparent deal with participants and other local business. This will include: mill or plantation). fair, legal and transparent and all costs, fees and levies are explained and agreed in advance. and transportation provided in a timely manner. MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 87 of 131 Findings: Interviews with settlers, workers and contractor employees revealed that their Scheme Managers were responsible, fair and transparent in dealing with them. On matters related to the quality and pricing of FFB, there was a Joint Consultative Committee (JCC) established chaired by the private Mill Manager. Members of this Committee from FELDA had include the Scheme Manager and settlers‟ representative. Issues related to FFB transaction were raised and discussed in this Committee. Discussion with 3 settlers revealed that the private mills (Kim Ma Mill Sdn Bhd. near FELDA Kemelah and Nam Bee Mill Sdn Bhd near FELDA Kemendore and Bukit Senggeh) signed agreement with FELDA agreeing to purchase FFB at an agreed oil extraction rate. Settlers‟ representative checked regularly published crude palm oil price and calculate the expected price of FFB at local level. Feedback obtained from settlers showed that they received fair deals in business transaction. The same arrangements (JCC involving Scheme Manager and settlers‟ representative, agreed oil extraction rate and FFB price checks) were related to the assessor at FELDA Pemanis. The settlers there too said that they received fair deals and were happy. There existed a mutually agreed and documented system for dealing with complaints and grievances, both within the scheme as well as with mill purchasing the FFB (refers C6.2). The FSSSs‟ Manager gathered information from the field from various stakeholders on a regular basis through meetings (as indicated in meeting minutes) and issues related to this criterion were addressed. Settlers at FELDA Tun Ghafar Kemendore, Tun Ghafar Bukit Senggeh, Pemanis 1, Pemanis 2, Kemelah, and Indonesian workers in Tun Ghafar Kemendore, Pemanis 1 and Kemelah claimed that there was fair and transparency in the issuance of monthly income statement, including details of debt repayment, from FELDA. Additional interviews with a number of workers showed that they were generally happy with the salaries given which was above average. Criterion 6.11 Growers and millers contribute to local sustainable development wherever appropriate. Indicator: 6.11.1 Demonstrable contributions to local development that are based on the results of consultation with local communities. Minor compliance Guidance: Contributions to local development should be based on the results of consultation with local communities. See also Criterion 6.2. Such consultation should be based on the principles of transparency, openness and participation and should encourage communities to identify their own priorities and needs, including the different needs of men and women. Where candidates for employment are of equal merit, preference should always be given to members of local communities in accordance to national policy. Positive discrimination should not be recognized as conflicting with MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 88 of 131 Criterion 6.8. Specific National Guidance for Scheme and Independent Smallholders Scheme Smallholders Scheme Managers are encouraged to contribute to local development based on consultation with local communities. Findings: Evidences of contribution to local communities (Orang Asli community at Kg Gapam Baru) were made, as indicated by the construction of bus-stop near the village. GPW and Belia of Tun Ghafar Kemendore, Tun Ghafar Bukit Senggeh, Pemanis 1, Pemanis 2 and Kemelah confirmed that financial assistances were given by scheme managements to enable them to carry out various activities. The following were a typical examples of FELDA‟s contribution to settlers‟s well-being at FELDA Pemanis 2 for 2010. Contribution to family of 6 deceased settlers = RM60,000 Contribution to settlers during the Muslim New Year (430 settlers) = RM148,100 Yield incentive 2010 = RM128,2000 Award winning for women‟s organization (Badan GPW) = RM3,000 Cleaning of village compound RM10 per settler per month = RM51,600 Regular consultations with the local internal and external communities had assisted the FELDA Schemes in its efforts to contribute to local development such as providing more jobs and improved amenities. PRINCIPLE 7: RESPONSIBLE DEVELOPMENT OF NEW PLANTINGS Criterion 7.1 A comprehensive and participatory independent social and environmental impact assessment is undertaken prior to establishing new plantings or operations, or expanding existing ones, and the results incorporated into planning, management and operations. Indicators: 7.1.1 An independent and participatory social and environmental impact assessment (SEIA) to be conducted and documented (Cross ref. to C 7.2, 7.3, 7.4, 7.5, 7.6). Major compliance Specific Guidance: SEIAs to include previous land use / history and involve independent consultation as per national and state regulations, via participatory methodology which includes external stakeholders. For Sabah, slopes 25 degrees and above are considered high risk erosion areas and cannot undergo replanting unless specified in the EIA report [Environment Impact Assessment (Order 2005)] and approved by the Environmental Protection Department (EPD). For Sarawak, steep slopes are considered high risk erosion areas and cannot undergo replanting unless specified in the EIA report [Natural Resources and Environment (Prescribed Activities) Order 1994] and approved by the Natural Resources and Environment Board (NREB). MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 89 of 131 7.1.2 The results of the SEIA to be incorporated into an appropriate management plan and operational procedures developed, implemented, monitored and reviewed. Minor compliance 7.1.3 Where the development includes smallholder schemes of above 500ha in total, the impacts and implications of how it is managed should be documented and a plan to manage the impacts produced. Minor compliance Guidance: The terms of reference should be defined and impact assessment should be carried out by accredited independent experts, in order to ensure an objective process. Both should not be done by the same body. See also C 5.1 and C 6.1. This indicator is not applicable to development of smallholder schemes below 500ha. For Sabah, new planting or replanting of area 500ha or more requires EIA. For areas below 500ha but above 100ha, proposal for mitigation measures (PMM) is required. For Sarawak, only new planting of area 500ha and above requires EIA. Onus is on the company to report back to the DOE on the mitigation efforts being put in place arising out of the EIA. Assessment of above and below ground carbon storage is important but beyond the scope of an EIA. Note: This aspect will be considered by an RSPO Greenhouse Gas Working Group. Findings: The assessment team had verified that Principle 7 is not applicable to FSSS CU Criterion 7.2 Soil surveys and topographic information are used for site planning in the establishment of new plantings, and the results are incorporated into plans and operations. Indicators: 7.2.1 Soil suitability maps or soil surveys adequate to establish the long-term suitability of land for oil palm cultivation should be available. Major compliance 7.2.2 Topographic information adequate to guide the planning of drainage and irrigation systems, roads and other infrastructure should be available. Minor compliance Guidance: These ivities may be linked to the SEIA (C7.1) but need not be done by independent experts. Soil surveys should be adequate to establish the long-term suitability of land for oil palm cultivation. Soil suitability maps or soil surveys should be appropriate to the scale of operation and should include information on soil types, topography, soil depth, moisture availability, stoniness, fertility and long-term soil sustainability. Soils unsuitable for planting or those requiring special treatment should be identified. This information should be used to plan planting programmes, etc. Measures should be planned to minimise erosion through appropriate use of heavy machinery, terracing on slopes, appropriate road construction, rapid establishment of cover, protection of riverbanks, etc. Findings: The assessment team has verified that Principle 7 is not applicable to FSSS CU MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 90 of 131 Criterion 7.3 New plantings since November 2005, have not replaced primary forest or any area required to maintain or enhance one or more High Conservation Values. Indicators: 7.3.1 A HCV assessment, including stakeholder consultation, is conducted prior to any conversion. Major compliance Guidance: HCV assessments to be documented and included as part of the SEIA (C7.1). Reference should be made to EIA to indicate the extent of the HCV areas as determined by relevant experts, with priority given to the locals. This criterion applies to forests and other vegetation types. This applies irrespective of any changes in land ownership or farm management that have taken place after this date. High Conservation Values (HCVs) may be identified in restricted areas of a landholding, and in such cases new plantings can be planned to allow the HCVs to be maintained or enhanced. Specific Guidance to the above indicator are listed below: 1. New plantings within Nov 05 and Nov 07 must be in compliance with existing regulatory requirements that relate to social and environmental impacts assessment i.e. SEIA (ref.C7.1) and also comply with the legalized land spatial planning. 2. Where it can be proven that the land did not contain HCV after Nov 2005, the land can enter the RSPO certification programme. 3. Where the HCV status of the land is unknown and/or disputed, the land will be excluded from the RSPO certification programme, until an acceptable solution for HCV compensation has been developed. 4. Companies owning such land can enter other estates in the programme. This arrangement is valid only for land development between Nov 05 and Nov 07 which was the RSPO P&C initial pilot implementation period. 7.3.2 No conversion of Environmentally Sensitive Areas (ESAs) to oil palm as per Peninsular Malaysia‟s National Physical Plan (NPP) and Sabah Forest Management Unit under the Sabah Forest Management License Agreement. Major compliance Specific Guidance: ESA rankings and management criteria as per the NPP are listed in Appendix 3. 7.3.3 No new plantings on floodplains (reference to be made to State DID). Major compliance 7.3.4 Dates of land preparation and commencement are recorded. Findings: The assessment team had verified that Principle 7 is not applicable to FSSS CU Criterion 7.4 Extensive planting (to be determined by SEIA) on steep terrain, and/or on marginal and fragile soils, is avoided. MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 91 of 131 Indicators: 7.4.1 All new plantings should not be cultivated on land more than 300m above sea level and on land more than 25 degrees slope unless specified by local legislation (Ref: MSGAP Part 2: OP 4.4.1.3 & 4.4.1.4) Major compliance 7.4.2 Where planting on fragile and marginal soils is proposed, plans shall be developed and implemented to protect them without incurring adverse impacts (e.g. hydrological) or significantly increased risks (e.g. fire risk) in areas outside the plantation. Minor compliance Guidance: This activity should be subjected to a comprehensive EIA as required by C 7.1. Marginal and fragile soils, including excessive gradients and peat soils, should be identified prior to conversion to plantation. Findings: The assessment team had verified that Principle 7 is not applicable to FSSS CU Criterion 7.5 No new plantings are established on local peoples‟ land without their free, prior and informed consent, dealt with through a documented system that enables indigenous peoples, local communities and other stakeholders to express their views through their own representative institutions. Indicator: 7.5.1 This activity should be integrated with SEIA required by C 7.1 Major compliance Guidance: Where new plantings are considered to be acceptable, management plans and operations should maintain sacred sites. Agreements with local communities should be made without coercion or other undue influence (see guidance for C 2.3) Relevant stakeholders include those affected by or concerned with the new plantings. Refer also to C 2.2, 2.3, 6.2, 6.4 and 7.6 for indicators of compliance. Findings: The assessment team had verified that Principle 7 is not applicable to FSSS CU Criterion 7.6 Local people are compensated for any agreed land acquisitions and relinquishment of rights, subject to their free, prior and informed consent and negotiated agreement. Indicators: 7.6.1 Documented identification and assessment of legal and customary rights. Major compliance Specific Guidance: Auditors to be aware of land acquisition in relation to native customary land. 7.6.2 Establishment of a system for identifying people entitled to compensation. MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 92 of 131 7.6.3 7.6.4 7.6.5 7.6.6 Major compliance This activity should be integrated with the SEIA required by C 7.1. Major compliance Establishment of a system for calculating and distributing fair compensation (monetary or otherwise). Major compliance The process and outcome of any compensation claims should be documented and made publicly available. Major compliance Communities that have lost access and rights to land for plantation expansion are given opportunities to benefit from plantation development. Minor compliance Guidance: Refer also to C 2.2, 2.3 and 6.4 and associated guidance. This requirement includes indigenous peoples. Findings: The assessment team had verified that Principle 7 is not applicable to FSSS CU. Criterion 7.7 Use of fire in the preparation of new plantings is avoided other than in specific cases as identified in the ASEAN Guidance or other regional best practice. Indicators: 7.7.1 No evidence of clearing by burning. This activity should be integrated with the SEIA required by C 7.1 Major compliance 7.7.2 Evidence of approval for controlled burning, as per Environmental Quality (Declared Activities) (Open Burning) Order 2003. Major compliance Findings: The assessment team had verified that Principle 7 is not applicable to FSSS CU. PRINCIPLE 8: COMMITMENT TO CONTINUOUS IMPROVEMENT IN KEY AREAS OF ACTIVITY Criterion 8.1 Growers and millers regularly monitor and review their activities and develop and implement action plans that allow demonstrable continuous improvement in key operations. MY NIWG commits to demonstrate progressive improvement to the following but not limited to: 8.1.1 Minimise use of certain pesticides (C4.6) Major compliance 8.1.2 Environmental impacts (C5.1) Major compliance 8.1.3 Maximizing recycling and minimizing waste or by-products generation. MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 93 of 131 Major compliance Specific Guidance: To work towards zero-waste (C5.3) 8.1.4 Pollution prevention plans (C5.6) Major compliance 8.1.5 Social impacts (C6.1) Major compliance 8.1.6 A mechanism to capture the performance and expenditure in social and environmental aspects. Minor compliance Guidance: Specific minimum performance thresholds for key indicators should be established. (See also C 4.2, 4.3, 4.4, and 4.5). Growers should have a system to improve practices in line with new information and techniques and a mechanism for disseminating this information throughout the workforce. For smallholders, there should be systematic guidance and training for continuous improvement. Specific National Guidance for Scheme and Independent Smallholders Scheme Smallholders Scheme Managers should develop an action plan for continual improvement in a participatory manner with their organized smallholder representatives, based on consideration of the main social and environmental impacts and opportunities for improvement. Findings: Generally, FSSS CU had established a system to regularly monitor and review their key activities at the estates, and then initiate action plans for continuous improvement. Evidence sighted included the commitment to minimize the use of certain pesticides by implementing IPM. Other improvement plans included the commitment to zero burning waste and heightened the awareness of workers on 3R‟s initiatives (i.e. reduce, reuse, recycle) as part of their work and living culture. A mechanism to capture the performance and expenditure was well established. It was not limited to social and environmental aspects only but it was extended to Occupational Safety & Health matters. It was also observed foreign workers‟ quarters at FELDA Kemelah being replaced with new houses. 4.0 Comments from Stakeholder Stakeholder consultations were conducted as part of the Stage 2 assessment. The summary of the comments from stakeholders is given in Attachment 5. MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 94 of 131 5.0 Assessment Recommendation Based on the evidence gathered during the on-site visits it can be concluded that FELDA Segamat Smallholders Scheme Certification Unit had conformed to the requirements of the RSPO Principles and Criteria for Sustainable Palm Oil Production, including smallholder, Malaysia National Interpretation Working Group (MYNIWG) November 2010. Therefore, the assessment team recommends FELDA Segamat Smallholders Scheme Certification Unit to be certified against RSPO Principles and Criteria for Sustainable Palm Oil Production, including smallholder, Malaysia National Interpretation Working Group (MYNIWG) November 2010. 6.0 Certified organization’s Acknowledgement of Internal Responsibility and Formal sign-off of assessment findings I, the undersigned, representing FELDA Segamat Smallholders Scheme Certification Unit acknowledge and confirm the contents of the assessment report and findings of the assessment. ______________________________ Name : HJ KASIMON B SALEH (General Manager) Date : 05/04/2012 I, the undersigned on behalf of SIRIM QAS International Sdn. Bhd. confirm the contents of the assessment report and findings of the assessment. __________________________ Name : MAHZAN B MUNAP (Lead Assessor) Date : 05/04/2012 MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 95 of 131 Attachment 1a LOCATION MAP FOR FELDA SEGAMAT SMALLHOLDER SCHEME IN NEIGHBOURING CONTEXT NOTES PM1 : Felda Pemanis 1 PM2 : Felda Pemanis 2 MDI : Felda Medoi KMLH: Felda Kemelah TNG : Felda Tenang SLDG : Felda Sri Ledang CMLK : Felda Chemplak CMLKT: Felda Chemplak Timur CMLKB: Felda Chemplak Barat BSMP : Felda Bukit Serampang MCP/MG : Felda Machap Menggong BSGH : Felda Bukit Senggeh KMD : Felda Kemendor LNG : Felda Lenga PLH : Felda Paloh MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 96 of 131 Attachment 1b MAP OF FELDA MACHAP MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 97 of 131 Attachment 1b MAP OF FELDA KEMELAH & MEDOI MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 98 of 131 Attachment 1b MAP OF FELDA MENGGONG MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 99 of 131 Attachment 1b MAP OF FELDA PALOH MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 100 of 131 Attachment 1b MAP OF FELDA PEMANIS 1 & 2 MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 101 of 131 Attachment 1b MAP OF FELDA SRI LEDANG & SERAMPANG MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 102 of 131 Attachment 1b MAP OF FELDA TENANG MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 103 of 131 Attachment 1b MAP OF FELDA BUKIT SENGGEH MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 104 of 131 Attachment 1b MAP OF FELDA CHEMPLAK & CEMPLAK BARAT MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 105 of 131 Attachment 1b MAP OF FELDA CHEMPELAK TIMUR 1 - LENGA MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 106 of 131 Attachment 1b MAP OF FELDA CHEMPELAK TIMUR 2 – SRI LEDANG MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 107 of 131 Attachment 1b MAP OF FELDA CHEMPELAK TIMUR 3 – CHEMPELAK BARAT MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 108 of 131 Attachment 1b MAP OF FELDA KEMENDOR MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 109 of 131 Attachment 1b MAP OF FELDA LENGA MSC/RSPO/DOC/06-02 Issue 1 Rev. 0 Page 110 of 131 Attachment 2 SIRIM QAS INTERNATIONAL SDN. BHD. RSPO STAGE 2 ASSESSMENT PLAN 1. Objectives The objectives of the assessment are as follows: (i) To evaluate FELDA Segamat Smallholder Scheme conformance against the RSPO Principles & Criteria Malaysian National Interpretation (MYNI) (ii) To make appropriate recommendations based on the assessment findings 2. Date of assessment : 16 February 2011 to 18 February 2011 3. Site of assessment : FELDA Segamat Smallholder Scheme Km 5, Jalan Genuang, 89000 Segamat Johor Darul Takzim FELDA Segamat Smallholder Certification Unit FELDA Chemplak Barat, 85300 Labis, Johor Darul Takzim FELDA Tenang, 85300 Labis, Johor Darul Takzim FELDA Chemplak, 85300 Labis, Johor Darul Takzim FELDA Kemelah, 85040 Segamat, Johor Darul Takzim FELDA Pemanis 1, 85009 Segamat, Johor Darul Takzim FELDA Pemanis 2, 85009 Segamat, Johor Darul Takzim FELDA Medoi, 85050 Segamat, Johor Darul Takzim FELDA Sri Ledang, 85220 Jementah, Segamat, Johor Darul Takzim FELDA Bukit Serampang, 85210 Jementah, Segamat, Johor Darul Takzim FELDA Lenga, 84040 Muar, Johor Darul Takzim FELDA Tun Ghafar Machap / Menggong,78000 Alor Gajah, Melaka FELDA Tun Ghafar Kemendore,77000 Jasin, Melaka FELDA Tun Ghafar Bukit Senggeh, Nyalas,77100 Asahan, Melaka FELDA Plantations Sdn. Bhd., FELDA Chemplak Timur, FELDA Gugusan Maokil, 85300 Labis, Johor Darul Takzim FELDA Plantation Sdn. Bhd., FELDA Paloh, 86007 Kluang, Johor Darul Takzim 4. Scope of certification : Production of Oil Palm Fresh Fruit Bunches 5. Reference Standard : RSPO P&C MYNI:2008 Company‟s audit criteria including Company‟s Manual/Procedures th th Page 111 of 131 Attachment 2 6. Assessment Team a. Lead Assessor b. Assessor : Hj Mahzan Munap : Hj Abdul Aziz Abu Bakar : Dr. Lim Hin Fui Khairul Najwan B Ahmad Jahari If there is any objection to the proposed audit team, the organization is required to inform the Lead Assessor/RSPO Section Manager. 7. Audit Method Site audits including observation of practices, interviews with interested parties (employees, nearby population, etc.), documentation evaluation and evaluation of records. 8. Confidentiality Requirements SIRIM QAS International shall not disclose any information concerning the company regarding all matters arising or coming to its attention with the conduct of the programme, which is of confidential in nature other than information, which is in the public domain. In the event that there be any legal requirements for disclosing any information concerning the organization, SIRIM QAS International shall inform the organization of the information to be disclosed. 8. Working Language : 9. Reporting a) Language b) Format c) Expected date of issue d) Distribution list English and Bahasa Malaysia : : : : 10. Facilities Required Room for discussion Relevant document and record Personnel protective equipment if required Photocopy facilities A guide for each assessor 11. Assessment Programme Details : English Verbal and written Thirty days after the date of assessment client file As shown below Page 112 of 131 Attachment 2 th Day 1: 16 February 2011 (Wednesday) Time 8.15 am8.30 am Activities / areas to be visited Opening Meeting –FELDA Technoplant Office, Kluang. Audit team introduction and briefing on assessment objectives, scope, methodology, criteria and programmes by SIRIM QAS Audit Team Leader. Auditee 8.30 am – Briefing on the organization background and implementation of RSPO at all schemes (including actions taken to address Stage I assessment findings) by FELDA Management Representative. Management Representative 9.20 am Overview of today‟s activities at FELDA Paloh by Site Manager. 9.20 am 9.30 am Logistics discussion to the sites to be visited. Each assessor to be provided with a FELDA transportation and Guide at each project site as each of the assessor will go separate ways. Site Manager Management Representative 9.30 am 10.00 am 10.00 am 11.30am REFRESHMENT BREAK 11.30 am 12.15 pm Guide(s) for each assessor Documentation and records review at FELDA Technoplant office Kluang by each assessor in his areas of expertise (including verification on action taken to address Stage 1 assessment findings). Mahzan B Munap Hj Abdul Aziz Abu Bakar Khairul Najwan Dr. Lim Hin Fui Travel to FELDA Paloh (SIRIM Assessors drive their own vehicle to Paloh following the FELDA Lead vehicle). Guide(s) for each assessor 12.15 pm 1.00 pm Documentation and records review at FELDA Paloh by each assessor in his areas of expertise (including verification on action taken to address Stage 1 assessment findings). 1.00 pm LUNCH BREAK Site visit and assessment at FELDA Paloh, Kluang (1312 ha) managed by FELDA Plantations. 4 FELDA vehicles; 1 to each assessor accompanied by Guide(s) to transport them to areas of interest to be assessed within FELDA Paloh. Leave assessment site and return to FELDA Paloh Office. Continue assessment at office. Coverage of assessment: Coverage of assessment: Coverage of assessment: Coverage of assessment: 2.00 pm 3.00pm 2.00pm 5.30 pm Commitments to transparency Laws and regulations Commitment to long-term economic and financial viability Replanting practices Laws and regulations Commitment to long-term economic and financial viability Good Agricultural Practicewitness activities at site (weeding/ spraying/other Replanting on sloping land must be in compliance with MSGAP Part 2: OP (4.4.2.2) Inspection of protected All Guide(s) for each assessor Guide(s) for each assessor Discussion with relevant management (CSR, community affairs) and preliminary viewing of documentation relating to local community and indigenous peoples issues Page 113 of 131 Safety & Health practice – witness activities at site Chemical management Chemical store/fertilizer Interview with workers , safety committee and contractors Facilities at workplace (water treatment plant, clinic & etc) Training and skill development programmes Aspects/impacts of plantation management Waste management including disposal site Recycling activities Controlled/open burning Pollution mitigating plans Local sustainable development New planting Continuous improvement Other area identified during the assessment maintenance activities/ harvesting) Nursery (if any) Chemical store/fertilizer Plantation on hilly/swampy area IPM Training and implementation and safe use of agro-chemicals. Management and disposal of waste including pesticides containers New planting Continuous improvement sites with HCV attributes Forested area Plantation Boundary, adjacent and neighbouring land use Riparian zone River system and Water bodies Source of water supply General waste disposal area New planting Continuous improvement Other area identified during the assessment Other area identified during the assessment C2.1, P3, P4 (C4.1, C4.2. C4.3, C4.4, C4.5, C4.6, C4.7, C4.8), P5 (C5.1, C5.3, C5.5, C5.6),P7 (C7.2, C7.4, C7.7), P8 P2 (C2.1, I2.2.3), P3, P2 (C4.1, C4.3, C4.4, C4.8), C5.1, C5.2, P7 (C7.1, C7.2, C7.3, C7.4), P8 such as EIA, SIA, assessment and management plans. Contracts between scheme managers and participants Land titles user rights Interview with workers & Union representatives Facilities at workplace (rest area, etc) Line site Facilities provided at line site (i.e. mosque, surau, community center, provision shop & etc) New planting Continuous improvement Other area identified during the assessment P1(C1.2), P2(C2.2, C2.3), P3, P6 (C6.1 – C6.11), P7 (C7.1, C7.4, C7.5, C7.6), P8 P1, P2,(C2.1), P3 P4 (C4.1, C4.3, C4.6, C4.7, C4.8, P5 (C5.1, C5.3, C5.4, C5.5, C5.6), P6(C6.11), P7(C7.1, C7.7), P8 5.30 pm 7.15 pm 8.00 pm– 9.00 pm End of Assessment. Travel toTangkak (SIRIM Assessors drive their own vehicle to Tangkak following the FELDA Lead vehicle). DINNER 9.00 pm 10.00 pm Assessment team discussion and verification on any outstanding issues. Note : Assessor to inform auditee on the required document / records. Page 114 of 131 th Day 2: 17 Time 7.30 am 8.10 am February 2011 (Thursday) Activities / areas to be visited Mahzan B Munap Hj Abdul Aziz Abu Bakar Khairul Najwan 2 FELDA vehicles pick-up the SIRIM QAS Assessors at Golden Lake Hotel. Travel to FELDA Tun Ghafar Kemendore Office Auditee Dr. Lim Hin Fui 8.15am 8.30 am Overview of today‟s activities at FELDA Tun Ghafar Kemendore by Site Manager 4 FELDA vehicles; 1 to each assessor accompanied by Guide(s) to transport them to areas of interest to be assessed within FELDA Kemendore (797 ha) 10.30 am Leave assessment site and return to FELDA Tun Ghafar Kemendore Office Continue assessment at office. 11.00 am1.00 pm Coverage of assessment: Coverage of assessment: Coverage of assessment: Coverage of assessment: Commitments to transparency Laws and regulations Commitment to long-term economic and financial viability Replanting practices Safety & Health practice – witness activities at site Chemical management Chemical store/fertilizer Interview with workers , safety committee and contractors Facilities at workplace (water treatment plant, clinic & etc) Training and skill development programmes Aspects/impacts of plantation management Waste management including disposal site Recycling activities Controlled/open burning Pollution mitigating plans Laws and regulations Commitment to longterm economic and financial viability Good Agricultural Practice- witness activities at site (weeding/ spraying/other maintenance activities/ harvesting) Chemical store/fertilizer Plantation on hilly/swampy area IPM Training and implementation and safe use of agro-chemicals. Management and disposal of waste including pesticides containers New planting Continuous improvement Replanting on sloping Discussion with relevant management (CSR, community affairs) and preliminary viewing of documentation relating to local community and indigenous peoples issues such as EIA, SIA, assessment and management plans. Other area identified during the assessment land must be in compliance with MSGAP Part 2: OP (4.4.2.2) Inspection of protected sites with HCV attributes Forested area Plantation Boundary, adjacent and neighbouring land use Riparian zone River system and Water bodies Source of water supply General waste disposal area New planting Continuous improvement Other area identified during the assessment P2 (C2.1, I2.2.3), P3, P2 Site Manager Guide(s) for each assessor Guide(s) for each assessor Contracts between scheme managers and participants Land titles user rights Interview with workers & Union representatives Facilities at workplace (rest area, etc) Settlers‟ quarters Facilities provided at settlers‟ housing area (i.e. mosque, surau, community center, provision shop & etc) New planting Continuous improvement Other area identified during the Page 115 of 131 Local sustainable development New planting Continuous improvement Other area identified during the assessment C2.1, P3, P4 (C4.1, C4.2. C4.3, C4.4, C4.5, C4.6, C4.7, C4.8), P5 (C5.1, C5.3, C5.5, C5.6),P7 (C7.2, C7.4, C7.7), P8 (C4.1, C4.3, C4.4, C4.8), C5.1, C5.2, P7 (C7.1, C7.2, C7.3, C7.4), P8 assessment P1(C1.2), P2(C2.2, C2.3), P3, P6 (C6.1 – C6.11), P7 (C7.1, C7.4, C7.5, C7.6), P8 P1, P2,(C2.1), P3 P4 (C4.1, C4.3, C4.6, C4.7, C4.8, P5 (C5.1, C5.3, C5.4, C5.5, C5.6), P6(C6.11), P7(C7.1, C7.7), P8 1.00 pm LUNCH BREAK 2.00 pm 5.00 pm Continue assessment at office 5.15 pm Leave FELDA Tun Ghafar Kemendore for Segamat. SIRIM Assessor drive their own vehicle to Segamat following the FELDA Lead vehicle. 7.00pm Arrive Golden Lake Hotel Check-in at Golden Lake Hotel. . DINNER 8.00 pm– 9.00 pm 9.00 pm 10.00 pm Guide(s) for each assessor Assessment team discussion and verification on any outstanding issues. Note : Assessor to inform auditee on the required document / records. th Day 3: 18 February 2011 (Friday) 8.00 am 8.25 am 2 FELDA vehicles fetch the 4 SIRIM QAS Assessors at Golden Lake Hotel to FELDA Kemelah Office Arrive FELDA Kemelah Office Overview of today‟s activities at FELDA Kemelah (managed by FELDA Technoplant) by Site Manager to the SIRIM QAS Assessors 8.30am 4 FELDA vehicles; 1 to each assessor accompanied by Guide(s) to transport them to areas of interest to be assessed within FELDA Kemelah (620 ha) Site Manager Page 116 of 131 10.30 am Leave assessment site and return to respective FELDA Medoi and FELDA Tenang Office Continue assessment Mahzan B Munap 11.00 pm12.45 pm Hj Abdul Aziz Abu Bakar Khairul Najwan Guide(s) for each assessor Dr. Lim Hin Fui Coverage of assessment: Coverage of assessment: Coverage of assessment: Coverage of assessment: Commitments to transparency Laws and regulations Commitment to long-term economic and financial viability Replanting practices Safety & Health practice – witness activities at site Chemical management Chemical store/fertilizer Interview with workers , safety committee and contractors Facilities at workplace (water treatment plant, clinic & etc) Training and skill development programmes Aspects/impacts of plantation management Waste management including disposal site Recycling activities Controlled/open burning Pollution mitigating plans Local sustainable development New planting Continuous improvement Laws and regulations Commitment to longterm economic and financial viability Good Agricultural Practice- witness activities at site (weeding/ spraying/other maintenance activities/ harvesting) Chemical store/fertilizer Plantation on hilly/swampy area IPM Training and implementation and safe use of agro-chemicals. Management and disposal of waste including pesticides containers New planting Continuous improvement Replanting on sloping Discussion with relevant management (CSR, community affairs) and preliminary viewing of documentation relating to local community and indigenous peoples issues such as EIA, SIA, assessment and management plans. Other area identified during the assessment Other area identified during the assessment C2.1, P3, P4 (C4.1, C4.2. C4.3, C4.4, C4.5, C4.6, C4.7, C4.8), P5 (C5.1, C5.3, C5.5, C5.6),P7 (C7.2, C7.4, C7.7), P8 land must be in compliance with MSGAP Part 2: OP (4.4.2.2) Inspection of protected sites with HCV attributes Forested area Plantation Boundary, adjacent and neighbouring land use Riparian zone River system and Water bodies Source of water supply General waste disposal area New planting Continuous improvement Other area identified during the assessment P2 (C2.1, I2.2.3), P3, P2 (C4.1, C4.3, C4.4, C4.8), C5.1, C5.2, P7 (C7.1, C7.2, C7.3, C7.4), P8 Guide(s) for each assessor Contracts between scheme managers and participants Land titles user rights Interview with workers & Union representatives Facilities at workplace (rest area, etc) Settlers‟ quarters Facilities provided at settlers‟ housing area (i.e. mosque, surau, community center, provision shop & etc) New planting Continuous improvement Other area identified during the assessment P1(C1.2), P2(C2.2, C2.3), P3, P6 (C6.1 – C6.11), P7 (C7.1, C7.4, C7.5, C7.6), P8 P1, P2,(C2.1), P3 P4 (C4.1, Page 117 of 131 C4.3, C4.6, C4.7, C4.8, P5 (C5.1, C5.3, C5.4, C5.5, C5.6), P6(C6.11), P7(C7.1, C7.7), P8 1.00 pm – 2.30 pm 2.30 pm LUNCH BREAK and Friday Prayers 3.00 pm SIRIM QAS Assessors arrived Pejabat Wilayah FELDA Segamat Assessment team discussion and verification on any outstanding issues 3.00pm – 4.00 pm Verification on outstanding issues for Felda Segamat Smallholder Scheme Certification Unit Assessor to inform auditee on the required document / records Continue Audit Team discussion and preparation of assessment findings. 4.00 pm – 4.30 pm 4.30 pm – 5.00 pm Discussion and acceptance on assessment findings with Management Representative and visited site Site Manager 5.00 pm End of assessment All Leave FELDA Kemelah office for Pejabat FELDA Wilayah Segamat, KM 5 Jalan Genuang Closing meeting at Pejabat FELDA Wilayah Segamat, KM 5 Jalan Genuang – presentation of FELDA Segamat Smallholder Scheme Certification unit assessment findings All Page 118 of 131 Attachment 2 SUPPLEMENTARY ASSESSMENT OF SMALLHOLDERS SCHEME FELDA SEGAMAT REGIONAL COMPLEX – 14-15 FEBRUARY 2012 DETAILS OF ASSESSMENT PLAN Time Program 1st day - 14 February 2012 8.30 AM – 1.00 PM 2.30 PM – 6.00 PM 2nd day 2 February 2012 8.30 AM – 12.00 PM 12.00 PM – 1.00 PM 2.00 PM – 3.00 PM 3.15 PM Personnel Opening meeting Felda Lenga Review Internal Control System (ICS) document Site visit at Felda Lenga (inclusive of implementation of ICS and interview minimum 15 Settlers and Management of Felda Lenga) Site visit at Felda Tenang (inclusive of implementation of ICS and Interview minimum 15 Settlers and Management of Felda Tenang) Assessors‟ discussion. Follow-up of any outstanding issues of Felda Lenga and Felda Tenang Preparation for closing meeting Closing meeting at Felda Tenang All and Auditor All and Auditor Page 119 of 131 Attachment 3 LIST AND COMMENTS FROM STAKEHOLDER List of Stakeholders Comment highlighted* Verification A : Government Agencies/Service Provider Department of Occupational Safety and Health (DOSH), Malaysia No issue None Department of Environment (DOE), Malaysia No issue None Labour Department, Malaysia No issue None Department of Agriculture (DOA), Malaysia No issue None Immigration Department, Malaysia No issue None Forestry Ranger at Pemanis 2 No issue None Health Clinic, Pemanis1 &2 Dengue outbreak involving Indonesian contractor workers at FELDA Pemanis 1. What action has been taken by FELDA? FELDA had requested Contractor sent their workers for check-up, fogged area and educating workers on dengue mosquito. Police, Segamat and Jasin No issue None District Office of Segamat No issue None Land Office of Segamat No issue None Segamat Public Works Department No issue None Segamat District Police Headquarters No issue None Segamat Religious Office No issue None Segamat Education Office No issue None Sub-District and Land Office of Labis No issue None District Council of Segamat No issue None District Council of Labis No issue None Hospital Segamat No issue None Page 120 of 131 Health Office of Segamat No issue None Office of Veterinary Services of Segamat No issue None TNB Distribution Sdn Bhd Segamat No issue None FELCRA Berhad Pagoh Why are settlers still selling crops to outsiders? Is it because of FELDA mill OER is low? No issue as this CU does not have a mill. Kemas Office of Segamat Parliament No issue None Kemas Office of Sekijang No issue None Kemas Office of Labis Parliament No issue None Religious Education Office of Segamat No issue None Social Welfare Department of Segamat No issue None Drainage and Irrigation Department of Segamat No issue None Office of Aboriginal Affairs of Segamat No issue None District Unity Office of Segamat No issue None Civil Defence Office of Segamat How do we cooperate with FELSCO in activities conducted by FELDA? Had asked Civil Defence to contact FELSCO CEO, En Bakri Sanusi at Tingkat 2, Balai FELDA Kuala Lumpur, Tel. No. 03-26986544 Agriculture Office of Segamat No issue None Rela Segamat No issue None Registry Office of Segamat No issue None Immigration Office of Segamat No issue None Fisheries Office of Segamat No issue None Office of Youth and Sports of Segamat No issue None Forestry Department of Segamat No issue None National Anti-Drug Agency of Segamat Drug addicts are higher here compared Social Development Officer at FELDA Page 121 of 131 to other nearby areas. What action has been taken to tackle this social menace that also jeopardize FELDA‟s good name? Wilayah Segamat had been assigned to look into social issues here and he was assisted by Social Development Assistant stationed in the scheme. Regular social program had been conducted by this group. Police Office Traffic Unit of Segamat No issue None Pos Malaysia Berhad of Segamat No issue None Regional Co-operative Commission of Segamat No issue None Labour Department of Segamat No issue None MARA Segamat No issue None Information Office of Segamat No issue None Fire and Rescue Station of Segamat No issue None Department of Survey & Mapping of Segamat No issue None RISDA Segamat No issue None North Johor Estate Distribution Office No issue None Family Development Foundation Darul Takzim No issue None Ministry of Domestic Trade , Segamat District No issue None TM Malaysia Segamat No issue None Department of Wildlife and National Parks of Segamat District No issue None Malaysian Rubber Board of Segamat No issue None Road Transport Department of Segamat No issue None UITM of Segamat Campus No issue None Mahkamah Seksyen Segamat No issue None Mahkamah Rendah Syariah Segamat No issue None Page 122 of 131 Mahkamah Majistret Segamat No issue None FAMA Segamat No issue None Social Security of Segamat No issue None Syarikat Air Johor Holdings No issue None Dental Clinic of Segamat No issue None Department of Valuation and Property Services No issue None Peladang Association of Segamat No issue None Kolej Jururawat Masyarakat Segamat No issue None Rejimen 501 Askar Wataniah No issue None District anti corruption commission of Segamat No issue None Royal Malaysian Customs of Segamat No issue None Public Library of Segamat No issue None Revenue Centre of Segamat No issue None B : Non-Governmental Organizations Sahabat Alam Malaysia No issue None WWF Malaysia No issue None Malaysian nature Society No issue None C : Local Communities Kampung Orang Asli Gapam Baru No issue None Kampung Orang Asli Segamat Kecil No issue None All assessed schemes (FELDA villagers) headman No issue None Page 123 of 131 D : Other interested parties FELDA Macap/Menggong – Office staff representative No issue None FELDA Paloh Estate – Chemical store incharge No issue None FELDA Paloh Estate – sprayer No issue None FELDA Paloh Estate – harvester No issue None FELDA Kemelah - general workers No issue None FFB contractors No issue None * No issues means that no response received to the letters sent. Upon following up, there was still no response Page 124 of 131 Attachment 4 DETAIL OF NON CONFORMITY AND CORRECTIVE ACTIONS TAKEN P & C, Indicators Non conformance Major / Minor Criterion 2.1 Indicator 2.1.4 MM1 Minor Detail Non conformance Person responsible for monitoring changes in the laws and for communicating such changes down the line has yet to be identified. Corrective Action Taken A system for tracking changes in laws including identifying person responsible for it has been prepared and notified at the FELDA Segamat Regional Office. Verification by Assessor Sighted the following evidences: 1. Appointment letter 2. Procedure for tracking changes in law and communicating same to relevant parties. NC Closed out. Criterion 3.1 Indicator 3.1.2 Criterion 4.3 Indicator 4.3.3 MM2 Minor MM3 Minor FELDA Tun Ghaffar Macap/Menggong has not shown commitment to long term economic and financial viability planning by ensuring replanting program is in place. Felda Tun Ghaffar Macap will prepare its replanting programme FELDA Paloh could not readily produced SOP, more specifically on road maintenance program although road maintenance budget was sighted has been allocated. Remind employees to log in when borrowed/removed document from central “library”. All Block Leaders are reminded to refer to the SOP in Manual Sawit Lestari/ Manual Pengurusan FELDA before awarding any work to contractors (at block level) in JKKR meetings. Effective March 2012, a clerk has been appointed in every scheme to monitor the borrowing/return of the manuals, upon reference by the Block Leaders. A copy of the replanting program that was forwarded to auditor is found acceptable. NC Closed out. Form to control and track document borrowed and return sighted and found acceptable as a means to trace its whereabouts. Person responsible for document control had been appointed. Road maintenance program had been developed and sighted reasonable. NC Closed out. Page 125 of 131 Criterion 2.1 Indicator 2.1.3 MM4 Major Oil palm trees were grown encroaching into riparian zone 1. To allow area planted before 2004/05 to return to nature (natural regeneration) through the following: a) To intensify Information dissemination / communication regarding relevant legal requirements of RSPO P&C and Group Certification Standard to the participants; and b) Conduct training to members Sighted the following and found acceptable: 1. Letter to expel the three settlers‟ from Group Certification of Felda Wilayah Segamat. 2. Signages prohibiting intrusion to buffer zone erected at relevant areas. 3. Training has been given to all members. NC Closed out. 2. To expel the three (3) non-conforming out of four hundred and thirty one (431) members from the Group Certification System. Page 126 of 131 Attachment 5 OFI issued during the Stage 2 Assessment on 16th – 18th February 2011 RSPO MYNI”2008 Standard OPPORTUNITIES FOR IMPROVEMENT Indicator / Raised by 2.1 LHF 2.2.3.1 NAJ C3.1 AAB C. 4.1 I 4.1.2 AAB Details Comments on action taken Although laws are indentified, there is inadequate A list of all ratified international information on ratified international laws and laws has been given together regulations. with short synopsis. The boundary stones along the perimeter adjacent to other reserves had been identified and FELDA Bukit maintained by FELDA Segamat Scheme follow up. Smallholder. However the implementation needs to be improved in FELDA Bukit Senggeh Senggeh will 1. FELDA Kemelah commitment could be improved to ensure maximum crop recovery and crop quality control as ripe unharvested FFB and rotten crop were observed in the field. Further, the swamp/low lying areas could be made plantable with Oil Palm trees. 2. As the areas are fragmented in many locations, establishment and operations would be costly (though economically viable). Supervision and crop security also questionable 3. Could be an issue amongst settlers. Some settlers benefitting by the exercise and some not. This may lead to the unhappier situation where one may resort to encroaching into buffer zones. The health profile of the buffaloes in FELDA Paloh was not available when asked. There were no proper records and vaccination programme done with the Veterinary department, which are needed in view of buffalos being sold to the public. Although appropriate risk control measures was observed, for example, sprayers worn appropriate PPE during spraying at FELDA Paloh, nevertheless, a “Re Entry Interval” was not observed which is important in view of buffalos and cattle graze in the fields. All the health profile and vaccination records of buffaloes (under FELDA Paloh Management) will be maintained and made available during future audits. Notification on spraying and reentry to the site can be implemented by FTP management. It may not be feasible in settler operated areas. Page 127 of 131 I. 4.4.1 NAJ Although the training had been given, there is a need to improve the protection, including maintaining and restoring appropriate riparian buffer zones along natural waterways within the FELDA Pemanis 1 and FELDA Pemanis 2. C.4.4 I.4.4.7 AAB At FELDA Paloh, the domestic water for line site is trapped from stream water into a catchment pond. However, the pond fencing condition could be improved to prevent easy intrusion and contamination of water by workers and animals. C.4.7 I. 4.7.1 a) The use of PPE is evident. However, the maintenance and storage of the PPE given need to be improved. Buffer zones of appropriate size (based on DID guidelines) has been marked and all vegetation within the compound will be maintained. The projects are sourcing selected timber trees to be planted at suitable sites to speed up the restoration, if available, in short duration. Proper fencing would be erected to prevent easy access /intrusion and possible contamination. MM b) At FELDA Paloh WTP though employees are a) The maintenance and aware that tanks are “Confine space” the storage of the PPE given stamping of “Confine Space” at Clarifier Tank, will be improved in due Sand/Media Filtration tank, etc. would be course. valuable. b) “Confine space” is stamped at appropriate sites c) Most containers were seen labeled. However, c) Will ensure such transfer 2 x 4-liter containers (contents transferred from will not recur or proper 20-liter drum) containing Ecomax at Felda labelling be adhered.. Paloh were not. d) All herbicides are premixed before despatch to field. If d) At FELDA Paloh, even though sprayers had at all there would be a need been thought the safe handling of in-field for mixing, at site, it .will mixing of herbicides, the exposure to only be done by trained concentrates could be reduced by delivering estate staff. pre-mix chemicals to field. e) Appropriate signage will be erected to warn users. e) Although one side of the bridge at FELDA Paloh has side railing to prevent passer-by from falling into stream, the missing railing on the other side including luminescent danger signage has yet to be made good. C. 4.8 I. 4.8.1 MM (a) Although safety and health training have been Future trainings and will be initiated, the coverage and topics could be more structured and properly improved and training to be more structured. documented. (b) There was a lack of training for the contractors Page 128 of 131 and their workers as well as keeping of their training records. C. 5.3 I. 5.3.3 AAB a) Although waste has been segregated at source but the disposal at landfill need to be separated as well but this was not evident at FELDA Kemelah as there were mixed waste in the pit. MM b) At FELDA Paloh clear and legible labelling of scheduled waste could be improved as per EIA requirements. MM c) Although most plastic containers were punctured at their bottom some has yet to be done. AAb d) Scheme Managers should encourage the smallholders on proper disposal of used drinking mineral plastic bottles and herbicide containers, i.e. a few were found left in the field. AAB AAB The segregation at source (housing/office/business compound) is for awareness purpose, i.e. to educate the importance of segregation. It is not implemented fully (at disposal) as there were no contractors interested to collect plastic materials. The Safety Officer at Paloh is trained to record and monitor e) Although the non-recyclable wastes were movement of scheduled being disposed off by burying them at a wastes generated in the estate. designated landfill area and the pits were then covered with layer of soil to prevent breeding of flies, however, at FELDA Paloh, the frequency to fill up with soil layer by layer to prevent breeding of flies and mosquitoes needs improvement. f) The garbage was seen mixed when non degradable materials could be separated and recycled. Invitation letter sent to The social impact assessment conducted and stakeholders for joint reported can be further improved.(LIM) consultation meeting will be followed up to confirm if they will attend the meeting. Otherwise, written feedback even to the effect of “No Comment” will be seek. Those present their concerns will be minuted. Appropriate actions taken by FELDA will be informed to the concerned stakeholder. Auditor : Abd Aziz Abu Bakar/Mahzan B Munap/ Khairul Najwan B Ahmad Jahari /Dr Lim Hin Fui Date: 16-18/02/2011 6.1 LHF Page 129 of 131 Attachment 5 OFI issued during the Stage 2 Assessment on 16th – 18th February 2011 OPPORTUNITIES FOR IMPROVEMENT Details Indicator A. 1.1.4 MM 1.3.4 and 1.3.8 MM 1.3.12 RA 2.1.3 MM 2.1.4 MM 2.1.5 MM Comments on action taken RSPO Standard For Group Certification (August 2010) Currently the existing „Pegawai Pertanian‟ is able Although there is a unit and management system to carry out internal under the Group Manager responsible for managing assessment at stipulated members the efficiency of field implementation time without delay. The during Internal Assessment could be enhanced with field supervisors are additional “Pegawai Pertanian”. available in every scheme to assist him, if there is a need. Even though manual and procedures are available Incorporated into the for RSPO:MYNI requirements but improvements Manual RSPO(GCS) could be made to include requirements of RSPO released 17th Feb 2012. Standard for Group Certification. The certified quantity is an estimation only. Actual quantity may vary as the A mechanism to ensure for no over-claim of RSPO FFB yields are influenced Certified FFB production as approved by RSPO for by many factors (climatic and management). the current year to be considered. However, detailed records will be available so that the quantity claimed is exactly as produced from the certified area. There is available procedure for joining, leaving and Included in the Manual remedial system for non-compliance, however, RSPO (GCS) released procedure for expulsion of member from the group 17th Feb 2012. has yet to be established. Most procedures as required by this clause had been made available but policies have yet to be developed. All the relevant policies prepared and Included in the Manual RSPO (GCS) released 17th Feb 2012. Definition of new member to be spelt out in light of It is clearly stipulated in the 2nd generation settlers or members who left and „Perjanjian peserta GCS‟ then decide to rejoin. that a „member‟ of the Page 130 of 131 GCS is the rightful owner of the lot (i.e. 1st generation settler or legally appointed 2nd generation settler) or a person appointed to administer the original settler‟s lot. 2.2.3 MM While Internal Assessment had been carried out, Action Plan being issued but the timeline, PersonIn-Charge and follow-up to close outstanding issue have yet to be determined. 3.3 RA Although information for sales of RSPO certified FFB are available and scattered in several documents, an invoice to detail out the required as required by the Clause of RSPO Standard for Group Certification has yet to be sighted. Timeline is given 3 months as stated in the internal audit guidance. The person in charge is as stipulated in the updated Manual RSPO (GCS) All information regarding the members FFB movement is tracked in proper system. A complete set of FFB sale of a member in the month Feb 2012 was given to SIRIM for verification. B. Principles and Criterion For RSPO :MYNI 4.3.2 VS Farmers are repeatedly advised not to spray Avoid or minimize bare or exposed soil within blanket, but some of them estates The over-spraying (blanket) of some places still wanted to see their lot within the Rancangan FELDA Lenga could have clean to ensure 100% loose fruit collection. They been avoided. will be continuously reminded not to do blanket spraying. Auditor : Mahzan B Munap / Ruzita Abdul Gani / Valence Shem Date: 14-15/02/2012 Page 131 of 131