Discrimination and Discriminatory Harassment Policy

[krishkaar]

Recently an overseas buyer visited for assessment of the QMS/EMS activities. One of the comments he has issued: The Organisation has no ' Discrimination and Discriminatory harassment Policy".
We are confused as to understand under which requirements of ISO 9001:2008 / ISO 14001:2004 this is addressed?
Can somebody guide us.

 

[Marc]

As far as I know neither standard requires a Discrimination and Discriminatory Harassment Policy.

 

[Wes Bucey]

Recently an overseas buyer visited for assessment of the QMS/EMS activities. One of the comments he has issued: The Organisation has no ' Discrimination and Discriminatory harassment Policy".
We are confused as to understand under which requirements of ISO 9001:2008 / ISO 14001:2004 this is addressed?
Can somebody guide us.

Let me point out that one of the requirements of a Quallty Management System (QMS) under 9001 or 14001 (environmental) is to adhere to applicable requirements from regulatory bodies and agencies.

Rather than specifically wasting paper (and killing forests (environmental)) by listing EVERY rule and regulation to which an organization adheres, most organizations use an omnibus type of statement to the effect "we adhere to all applicable rules and regulations encompassing our operations, including, but not limited to trade practices, employment practices, and environmental impact."

Added in edit:
It is not necessary to have a specific detailed policy if an organization says specifically that it adheres to applicable laws and regulations.

 

[Stijloor]

This may be a customer-specific requirement.

 

[Taliesyn]

We had a similar "request" from a customer related to worker's rights, child & forced labour etc. The response from our MD was a little blunt but - once "padded" for the benefit of the customer - I pointed out that virtually all of us in the West have legislation coming out of our ears specifically outlawing everything in the list of "you shall prove that you do not"s on their questionnaire.
Certainly, discrimination due to race, colour, gender, REDACTED orientation or creed is completely outside the scope of any of the "usual" QMS-type standards - but legislated for in Europe up to and including the Human Rights directive. At least one TS Auditor has challenged me on this in the past quoting clause 4.1, Note 3 of TS16949:2009 which includes the phrase "all customer, statutory & regulatory requirements". He did back down when I asked him to put it in writing as an NCR but taking that clause to the "nth" degree could lead you into a whole world of issues.

 

[Wes Bucey]

This may be a customer-specific requirement.

I think it is more a matter of a zealous auditor. If there had been a customer specific requirement, the auditor should have cited that as the support for his requirement.

ALL Quality Managers should continually have the operative phrase,
SHOW ME THE SHALL!
ready and waiting for any auditor who proposes an unfamiliar requirement. Most of the time, that "unfamiliar requirement" will turn out to be mission creep on the part of the auditor.

 

[somashekar]

Recently an overseas buyer visited for assessment of the QMS/EMS activities. One of the comments he has issued: The Organisation has no ' Discrimination and Discriminatory harassment Policy".
We are confused as to understand under which requirements of ISO 9001:2008 / ISO 14001:2004 this is addressed?
Can somebody guide us.

Hi
Not within the QMS, EHS but as an organization you are required to follow the supreme court ruling and constitute a complaints committee that will handle any case pertaining to REDACTED harassment at workplace.
Please take the initiative to set up one such committee and communicate across the organization. I hope your legal incharge or legal consultant is aware of this, and manages this for you.

 

[somashekar]

I think it is more a matter of a zealous auditor. If there had been a customer specific requirement, the auditor should have cited that as the support for his requirement.

ALL Quality Managers should continually have the operative phrase,
SHOW ME THE SHALL!
ready and waiting for any auditor who proposes an unfamiliar requirement. Most of the time, that "unfamiliar requirement" will turn out to be mission creep on the part of the auditor.

There is no mission creep or any creep here. You perhaps do not know much about statutory and regulatory requirements in India.
Its from a customer and as a comment. Its up to the organization to rise to it to understand and act upon. OP seeks guidance

 

[Kales Veggie]

Recently an overseas buyer visited for assessment of the QMS/EMS activities. One of the comments he has issued: The Organisation has no ' Discrimination and Discriminatory harassment Policy".
We are confused as to understand under which requirements of ISO 9001:2008 / ISO 14001:2004 this is addressed?
Can somebody guide us.

9001 and 14001 do NOT have such requirement.

To what standard were you assessed?

AIAG has a social responsibility assessment. Was this document used or similar?

In general, it is a good policy to have, but it is usually Human Resources or the Personnel department that issues there.

 

[Wes Bucey]

Hi
Not within the QMS, EHS but as an organization you are required to follow the supreme court ruling and constitute a complaints committee that will handle any case pertaining to REDACTED harassment at workplace.
Please take the initiative to set up one such committee and communicate across the organization. I hope your legal incharge or legal consultant is aware of this, and manages this for you.

It appears, then, the OP's organization is in breach of the ISO dictum to adhere to all applicable governmental and regulatory body requirements.


My lawyer training tells me there is "wiggle room" on the requirement for a "committee," since it includes the phrase, "where necessary" without ever stating elsewhere in the document what, precisely, is "necessary."

"The complaint mechanism, referred to above, should be adequate to provide, where necessary, a Complaints Committee, a special counsellor or other support service, including the maintenance of confidentiality.

I note, further, the India Supreme Court specifically addressed its OWN issues with harassment and discrimination on April 23, 2013:"The Supreme Court today agreed to constitute a committee headed by an eminent jurist to finalise the draft rules for dealing with REDACTED harassment complaints of women, including lady lawyers, working at the apex court."