Environmental and Social Action Plan - Nenskra hydropower Project

Environmental & Social Risks Requirement Target and Evaluation

No. Action (Legislative, Policy, Responsibility Timetable Criteria for Successful Status
(Liability/Benefits) Good Practice) Implementation
PR1 EBRD PR1 - Assessment and Management of Environmental and Social Impacts and Issues
S1 EIB S1 - Assessment and Management of Environmental and Social Impacts and Risks
PS1 IFC PS1 - Assessment and Management of Environmental and Social Risks and Impacts
1.1 Appoint and maintain a person (with ESAP and compliance owner to be Lenders JSCNH As soon as and as Person appointed
a direct reporting line to JSCNH CEO) appointed requirements long as the ESAP and maintained,
responsible for the ESAP and the lenders acting as the main
implementation and for the requirements are contact for the
compliance of the Project with the effective. lenders E&S advisors.
Lenders requirements.
1.2 Ensure the timely availability of E&S resources to be made available Lenders JSCNH As soon as and as Resources budgeted
resources (staff, budget, equipment) requirements long as the ESAP and mobilized timely.
for the ESAP/compliance owner and the lenders
(appointed under Action 1.1) to requirements are
organize and implement JSCNH E&S effective.
obligations under the ESAP and
ESMP.
1.3 Require the EPC contractor to EPC Contractor E&S compliance Lenders JSCNH to require As long as the EPC Person appointed
appoint and maintain a person (with owner to be appointed requirements EPC contractor to contract is and maintained,
a direct reporting line to the EPC implement effective. acting as the main
contract manager) responsible for contact for JSCNH
the effective implementation of the ESAP / compliance
EPC contract E&S obligations and for owner (see action
the compliance of the EPC contract 1.1).
activities with the Lenders
requirements
1.4 Require the EPC contractor to ensure E&S resources to be made available Lenders JSCNH to require As long as the EPC Resources budgeted
the timely availability of resources requirements EPC contractor to contract is and mobilized timely.
(staff, budget, equipment) for the implement effective.
ESAP/compliance owner (appointed
under Action 1.3) to organize and
implement the EPC contractor’s
obligations under the ESAP and
ESMP.
 Environmental & Social Risks Requirement Target and Evaluation
No. Action (Legislative, Policy, Responsibility Timetable Criteria for Successful Status
(Liability/Benefits) Good Practice) Implementation
1.5 Ensure the implementation of the Achieve compliance with Lenders Lenders JSCNH As soon as and as Timely
Environmental and Social E&S policies and standards Requirements long as the ESAP implementation of
Management Plan (ESMP) in and the lenders ESMP.
compliance with lenders requirements are
National
requirements and national effective.
legislation
legislation
1.6 Update the ESMP (and/or the Ensure all E&S mitigation and Lenders JSCNH At least every six Plan updated when
associated plans) as required as the monitoring measures in the ESMP requirements months during necessary and in any
project progresses or due to actions are properly implemented construction and case before
changes, and in any case before and that any additional annually during commissioning
commissioning/operation starts, in requirements as a result of design operation,
line with the lenders requirements changes are fully implemented consider the need
for updates.
Update before
commissioning
and operation.
Integrate ESMP in
the ESMS once
certification is
obtained (see
action 1.10)
1.7 Submit regular reports to the To ensure measures within the Lenders JSCNH Reports to be Reports submitted on
Lenders on: ESIA/ESMP and permit conditions Requirements submitted on a time, with no
● Environmental, social, are being implemented quarterly basis objection from
occupational health and safety appropriately. during lenders
performance construction, and
annually after.
● Status of ESMP implementation
● status of each ESAP action ESAP
implementation
● Status of Environmental Health
status update
and Safety
reports to be
submitted one
month prior to
scheduled
disbursements.
 Environmental & Social Risks Requirement Target and Evaluation
No. Action (Legislative, Policy, Responsibility Timetable Criteria for Successful Status
(Liability/Benefits) Good Practice) Implementation
1.8 Include ESMP obligations in the EPC Ensure that the EPC contractor is Lenders JSCNH: inclusion of By end of ESIA Signed variation to
contractor’s contract including (i) contractually bound to deliver all requirements the obligations in disclosure period. EPC contract
mechanism for inclusion of any ESIA and ESMP requirements, the contract Design change
additional E&S requirements that including as a result of design EPC contractor: management logs for
arise during finalisation of the ESIA changes for which they are implementation of each change.
package or due to design changes. responsible and assist JSCNH where the obligations All plans and sub-
required
plans prepared and
implemented and
compliance
maintained
Include obligations in all contractors Ensure that all contractors and Lenders JSCNH and EPC Before new Contracts include
and subcontractors (contracted subcontractors are bound to deliver requirements contractor: contracts agreed clear reference to
either by the EPC contractor or by all ESIA and ESMP requirements. inclusion of the ESMP and lenders
JSCNH) contracts to work in obligations in the requirements, and a
compliance with the ESMP, Lenders contract clear description of
E&S requirements and national the corresponding
legislation. Contracts need to include obligations
a mechanism for inclusion of any
additional E&S requirements that
arise during finalisation of the ESIA
package or due to design changes.
1.9 JSCNH appoint appropriate, Ensure that the ESHS management Lenders JSCNH Three months CVs submitted to and
experienced and qualified people to team is adequately staffed with requirements prior to the Lenders for non-
the following positions; appropriately qualified and construction objection
● Community Investment Officer experienced staff to meet the E&S Appropriately
● Communication Specialist requirements for the project experienced and
● 2nd Land Acquisition Manager qualified people
appointed and in
● Site Environmental Officer
post
● Risk Communication Specialist
● Security and human rights
advisor
 Environmental & Social Risks Requirement Target and Evaluation
No. Action (Legislative, Policy, Responsibility Timetable Criteria for Successful Status
(Liability/Benefits) Good Practice) Implementation
1.10 Develop a Project Integrated Optimisation of environmental and Lenders JSCNH Prepare the ESMS Before operation:
Management System (IMS) certified social, health, safety, security and requirements before system prepared.
ISO 9001, ISO14001 and OSHAS quality management though a commissioning After first year of
18001 and covering all JSCNH formalised system. Provide (when updating operation:
activities for the operation phase. resources for training and the ESMP see Certification
monitoring of E&S performance action 1.6). obtained.
Certification audit Recertification
after the first year obtained every three
of operation years.
Recertification
audits every three
years
1.11 Develop a Corporate Social Establishing and delivering Lenders JSCNH Prior to CSR program
Responsibility (CSR) programme, appropriate and sustainable requirements construction document submitted
linked with the Community community benefits to lenders
Investment Strategy, the Stakeholder
Engagement Plan, and the public
safety objectives.
Consult on, implement and disclose Strategy IPOE social expert
annual Community Investment Plans completed before signs off consultation
in line with the multi-year disclosure process and plan
Community Investment Plan First annual plan Reports on CIP
strategy. before first management and
This is partly to address potential disbursement achievements
influx issues associated with Project Subsequent disclosed through
employment. annual plans media, including
Disclose activities through local website and local
Reports on CIP
media newspapers
management and
achievements Priority investment
issued on a plan for 2017finalised
continuous basis and disclosed.
through local Annual investment
media and at a plans.
minimum every
six months
 Environmental & Social Risks Requirement Target and Evaluation
No. Action (Legislative, Policy, Responsibility Timetable Criteria for Successful Status
(Liability/Benefits) Good Practice) Implementation
Agree Memorandum of Prior to first Community
Understanding (MoU) for the disbursement investment
community investment committee committee created
which; (i) rules the committee and operating rules
decision process, (ii) details established
responsibilities and accountabilities, MoU signed off
and (iii) establishes the reporting
system.
1.12 Prepare and implement a contractor To ensure that EPC contractor and Lenders JSCNH Three months Contractor
monitoring plan and procedures. sub-contractors are implementing requirements prior to monitoring plan and
project E&S and OHS requirements construction. procedures
at all times and through all stages submitted to lenders
of project implementation
Plan includes weekly inspections of Weekly Inspection records
construction site and EPC inspections and submitted with
contractors’ E&S and occupational quarterly reports quarterly reporting
health and safety (OHS) throughout
performance. Reporting on construction and
monitoring to be included in commissioning
Lenders’ reporting (Action 1.2).
1.13 Undertake formal communication Ensure that all material project Lenders JSCNH Confirmation from Confirmation from
with the Georgian Ministry of permits are obtained and valid. requirements the Georgian Georgian Ministry of
Environment describing changes to Georgian Ministry of Environment that
the Project since EIA Approval and legislation Environment must changes are
obtain confirmation if another EIA be received prior acceptable.
(or other approval procedure) is to signing of the
required to confirm acceptability of loan agreement.
the changes. If an amendment
of the national EIA
is required this
must be
completed and
approved before
signing of the loan
agreement.
 Environmental & Social Risks Requirement Target and Evaluation
No. Action (Legislative, Policy, Responsibility Timetable Criteria for Successful Status
(Liability/Benefits) Good Practice) Implementation
Maintain permit register as part of Ensuring that permit conditions are Lenders JSCNH Throughout Updated permit
the Project IMS and monitor EPC met at all times. requirements Project register submitted
contractor’s compliance with permit implementation with quarterly
conditions reports
1.14 Facilitate Lenders monitoring of the Ensure that Lenders can monitor Lenders JSCNH Lenders - up to Monitoring visit
project by; the project implementation and requirements twice a year until reports delivered in
● providing all requested progress in line with the loan all construction line with schedule
documentation in a timely agreement and Lenders’ related activities
manner governance requirements are completed
● arranging site visits and then annually
during operation.
supporting logistics for Lenders
and Lenders’ consultants Lender’s E&S
● covering costs for monitoring Consultant -
visits for Lenders and Lenders’ timetable to be
consultants agreed with
Lenders.
1.15 Commission external audit in case of Ensure complaints and significant Lenders JSCNH On request of the Audit conducted and
complaint or significant non- non-compliances are addressed requirements EBRD, in case of corrective actions
compliance. robustly complaint or implemented
significant non-
On request of the Lenders, hire an Georgian compliance
independent consultant (chosen by legislation (Max 2 audits per
mutual agreement between JSCNH
year)
and the lenders) for an E&S audit.
1.16 The following key plans and Lender JSCNH All plans submitted
assessments shall be issued to the requirements to Lenders for review
EPC Contractor
Lenders for review and non- and non-objection in
Georgian labour
objection as set out in the following accordance with
code
list: agreed timescales

Climate change and PMF assessment EPC Contractor Prior to

completion of
natural hazard risk
assessments and
final design of
dam safety
structures
 Environmental & Social Risks Requirement Target and Evaluation
No. Action (Legislative, Policy, Responsibility Timetable Criteria for Successful Status
(Liability/Benefits) Good Practice) Implementation
Detailed sediment assessment for EPC Contractor Prior to
Nakra commissioning of
Nakra weir
Detailed natural hazards assessment EPC Contractor Prior to works at
for all camps and technical any camps or
installations, including (i) operational technical
threshold/criteria for installations
starting/stopping work in exposed commencing
areas and (ii) monitoring system
definition
Site Decommissioning and EPC Contractor Prior to the first
Rehabilitation Plan (including work site being
rehabilitation for the temporarily decommissioned
used lands- including pastures)
Detailed dam failure risk assessment EPC Contractor Prior to
and analysis construction
commencing on
Nenskra dam
body
Construction phase Emergency EPC Contractor Prior to works at
Preparedness Plan (EPP) any camps or
technical
installations
commencing
Operation phase EPP and JSCNH Prior to first
downstream Flood Management impoundment.
Plan
Reforestation Management Plan JSCNH 12 months before
commissioning
Recruitment and Labour EPC Contractor Prior to any
Management Plan (including local person being
employment management and Skills hired
Development and Local Procurement
Plan)
Retrenchment and Demobilisation JSCNH One year prior to
Plan operation phase
 Environmental & Social Risks Requirement Target and Evaluation
No. Action (Legislative, Policy, Responsibility Timetable Criteria for Successful Status
(Liability/Benefits) Good Practice) Implementation
Employee Grievance Procedure JSCNH Prior to any
person being
hired
Community health and safety plans: EPC Contractor Prior to main
construction
 Community Safety Plan
phase or first
 Community Health Plan disbursement
 Powerhouse and Penstock (whichever is
Area Health Plan earlier)
 Occupational Health and
Safety Management Plan
 Traffic Management Plan
Security Management Plan (in line EPC Contractor Prior to main
with Voluntary Principles on Security construction
and Human Rights) phase or first
disbursement
(whichever is
earlier)
Noise and vibration (including noise JSCNH Three months
baseline monitoring plan) prior to
EPC Contractor
construction
works
commencing at
powerhouse area
 Environmental & Social Risks Requirement Target and Evaluation
No. Action (Legislative, Policy, Responsibility Timetable Criteria for Successful Status
(Liability/Benefits) Good Practice) Implementation
Materials management and spoils EPC Contractor Framework plan
disposal (including spoil disposal prior to
area (SDA) concept designs with top construction
soil/biomass balance) commencing or
first disbursement
(whichever is
earlier).
SDA concept
designs / detailed
plans on an
ongoing basis,
issued one month
in advance of
opening of each
SDA
 Environmental & Social Risks Requirement Target and Evaluation
No. Action (Legislative, Policy, Responsibility Timetable Criteria for Successful Status
(Liability/Benefits) Good Practice) Implementation
PR2 EBRD PR2 - Labour and Working Conditions
S8 EIB S8 - Labour Standards
PS2 IFC PS2 - Labour and Working Conditions
2.1 Prepare and implement HR policy Improved human resources Lender JSCNH Q3 2017 HR Policy and
and procedures to meet Lenders and practices and compliance with requirements Procedures of JSCNH
national legislation requirements. National legislations and PR2 (EU/ILO and EPC Contractor
EPC contractor
Key areas include but not limited to: requirements standards) prepared and
 Grievance resolution, implemented
National
 Worker engagement, legislations
 Workers right to join a union at
their own choice
 Non-discrimination and equal
opportunity
 Retrenchment
 Disciplinary procedures
 Collective Agreement
 Equal pay for equal work
 Gender Equality
 Bullying and harassment
 Child labour and forced labour
 Overtime, working hours
 Work-life balance
 Wages, benefits, and conditions
of work and accommodation
 Social security of permanent and
temporary employees
 Environmental & Social Risks Requirement Target and Evaluation
No. Action (Legislative, Policy, Responsibility Timetable Criteria for Successful Status
(Liability/Benefits) Good Practice) Implementation
2.2 JSCNH to develop and implement an Improved human resources Lender’s JSCNH resources/ Within one and a Equal Opportunities
equal opportunities action plan to practices requirements external half years after action plan
promote good HR policies and Labour Law of consultants the financing Progress update to
practices with respect to gender and Georgia supported by the agreement lenders
equal opportunities in the EBRD becomes effective
EBRD Strategy for
Company’s workforce and in its
the Promotion of
supply chain and to increase the
Gender Equality
share of its female workforce
through improvements to HR policies
and practices on a best-effort basis
and to the extent practicably and
realistically possible, taking into
consideration the socio-economic
environment in which the client
operates.
2.3 JSCNH to establish a “formal Improved employee/ contractor Lender’s JSCNH resources Prior to main Employee Complaints
employee grievance mechanism” for relationship and management requirements construction Procedure
all direct and sub-contracted Avoid potential court cases against Complain tracker
phase
employees and provide them the Project Progress update on
information on channels for internal
resolution of
communication and raising
employee complaints
grievances. The workers should be
to lenders
informed of the mechanism and
procedures at the time of hire in
their local language. As a best
practice, options of anonymous
grievance mechanism should be
established to encourage concerns
to be raised freely.
 Environmental & Social Risks Requirement Target and Evaluation
No. Action (Legislative, Policy, Responsibility Timetable Criteria for Successful Status
(Liability/Benefits) Good Practice) Implementation
2.4 JSCNH to ensure local employment Optimise the employment Lender’s JSCNH Skill survey to be  Skill survey
KPIs/targets are achieved by its opportunities for local people in requirements Contractors done prior to conducted
Contractors through effective project affected villages Georgian Labour Construction  Local recruitment
monitoring of the contractors, and Establishment of good Code works offices are
skill surveys, vocational trainings, neighbouring relationship with the Achieving the established
Voluntary and
and skill development programmes communities local employment  Local
Best practice
KPIs throughout employment KPIs
the construction reported to the
Lenders
2.5 Undertake construction labour Ensure construction labour practice Lenders JSCNH Quarterly starting  Quarterly Labour
audits against Georgian Labour Code, complies with the relevant national requirements External Consultant one month prior Audit Reports
Lender requirements including and Lender standards Georgian Labour to main  Labour Actions
contractor workers. Code construction tracker
phase  Progress updates
submitted to
Lenders on
corrective actions
2.6 Put in place individual employment Safeguard employee employment Lenders JSCNH Draft contract Employment
contracts for all employees rights through a formal record of requirements EPC Contractor conditions in place contracts in place
indicating at least working hours, their responsibilities and Georgian Labour prior to
role, payment, training etc. entitlements Code recruitment
process
commencing.
Worker contracts
to be in place
prior to
construction or
first
disbursement,
whichever is
earlier.
 Environmental & Social Risks Requirement Target and Evaluation
No. Action (Legislative, Policy, Responsibility Timetable Criteria for Successful Status
(Liability/Benefits) Good Practice) Implementation
2.7 For Security Personnel: Include into Reduced security and human rights EBRD PR2/ Own resources, As soon as the Copy of the Security
security policy the following risks IFC PS2 external financing Management Plan to
provisions and relevant training on: consultants agreement be prepared in line
conflict resolution, crowd becomes effective with Voluntary
management, restraint and cautious Principles on Security
exercise of the security activity, and Human Rights
proportional use of force (if allowed) Training Records for
and basics of human rights. Keep security personnel
records of training sessions. Conduct
Complaint tracker
reference checks to ensure
candidates do not have any criminal
record or record of abuse or
violation of human rights even if the
recruitment goes thought the
security contractor.
PR4
EBRD PR 4 - Health and Safety
S9,
EIB S9 - Occupational and Public Health, Safety and Security; and S4 – Climate-related Standards
S4
IFC PS4 - Community Health, Safety, and Security
PS4
4.1 Prepare Dam Safety Monitoring Plan Dam safety Lenders JSCNH Before Plan completed and
requirements commissioning signed off by IPOE
ICOLD nd
Carry out regular dam safety audits Audit: 2 year Audit reports
by expert dam safety team (including Georgian then every 5 years submitted to lenders
representatives from Ministry of Ministry of after in line with schedule
Energy, Engurhesi, ICOLD dam safety Energy commissioning
working group and a large EU Good
hydropower operator) International
Practice
 Environmental & Social Risks Requirement Target and Evaluation
No. Action (Legislative, Policy, Responsibility Timetable Criteria for Successful Status
(Liability/Benefits) Good Practice) Implementation
4.2 Ensure all reports related to the Ensuring key aspects of the design Lenders EPC Contractor As studies are Reports approved by
following topics are shared with both fulfil necessary E&S functions requirements completed owner’s E&S and
the owner’s technical and E&S teams Georgian technical teams.
as part of the approval process: legislation
● control and back-up power
systems for the Nakra intake
gates
● communication system between
the operators at Nenskra and
Nakra
● all intake and outfall structures
● Nakra fish pass
● Environmental flow pipe and
bottom outlet at Nenskra dam
● Nenskra dam and reservoir
● reservoir impoundment

4.3 Implement all recommendations of Ensure dam safety and minimise Lenders JSCNH Prior to works at Sign off by IPOE
the IPOE risk of flooding to downstream requirements EPC Contractor any site where
communities Georgian IPOE
legislation recommendation
has not been
signed off
 Environmental & Social Risks Requirement Target and Evaluation
No. Action (Legislative, Policy, Responsibility Timetable Criteria for Successful Status
(Liability/Benefits) Good Practice) Implementation
4.4 Ensure through the OHS Good JSCNH Throughout on-site job- and task-
management system that no new International EPC Contractor construction and specific hazard
activity/work starts unless an on-site Practice operation analysis carried-out
job- and task-specific hazard analysis
was undertaken in presence of the
staff and of a qualified OHS
supervisor/manager, including the
following aspects:
• Staff’s own language(s)
• Personal and Collective
Protection Equipment
• Record-keeping, including near
misses and incidents
 Toolbox talks to share
information on risks, accident
prevention, etc.
 Environmental & Social Risks Requirement Target and Evaluation
No. Action (Legislative, Policy, Responsibility Timetable Criteria for Successful Status
(Liability/Benefits) Good Practice) Implementation
PR5 EBRD PR5 - Land Acquisition, Involuntary Resettlement and Economic Displacement
S6 EIB S6 - Involuntary Resettlement
PS5 IFC PS5 - Land Acquisition and Involuntary Resettlement
5.1 Monitor implementation of LALRP Ensure appropriate compensation Lenders JSCNH Monthly internal Details recorded of
through; is paid to project affected persons requirements Georgian monitoring and all affected persons,
● internal monitoring by JSCNH Georgian government reporting during their compensation
including detailed records of all legislation first 3 years of entitlements and the
aspects of compensation LALRP status of payment in
entitlements and payments implementation the Project database.
● external monitoring by
then quarterly Details maintained as
until LALRP up to date and
independent consultant to report
completion. accurate on a
to the Lenders
continuous basis.
External Monitoring reports
monitoring and issued, including
reporting to options for corrective
Lenders every 6 measures.
months

Undertake Livelihood Restoration Lender’s JSCNH 3 years after Audit signed off by
completion audit requirements completion of IPOE and issued to
LALRP lenders
 Environmental & Social Risks Requirement Target and Evaluation
No. Action (Legislative, Policy, Responsibility Timetable Criteria for Successful Status
(Liability/Benefits) Good Practice) Implementation
PR8 EBRD PR8 - Cultural Heritage
S5 EIB S5 – Cultural Heritage
PS8 IFC PS8 – Cultural Heritage
8.1 Prepare and implement Chance Minimise risk of impacts on cultural Lenders EPC Contractor Prior to Plan prepared and
Finds Procedure heritage requirements construction submitted to Lenders
Georgian for review and non-
legislation objection received
prior to
implementation
Records of
implementation held
for Lender review
PR10 EBRD PR10 - Information Disclosure and Stakeholder Engagement
S10 EIB S10 - Stakeholder Engagement
PS1 IFC PS1- Assessment and Management of Environmental and Social Risks and Impacts
10.1 Implement Stakeholder Engagement Ensure effective stakeholder Lenders JSCNH SEP to be fully SEP signed off by
Plan (SEP) which includes project engagement and maintain good requirements EPC Contractor implemented IPOE
level grievance mechanism community relations prior to first Regular community
Monitor effectiveness of SEP disbursement. meeting minutes and
implementation Then, ongoing billboard
through early notifications available
works and for Lender review
construction Minutes of public
consultations on E&S
Studies and
Management Plans
Regular maintenance
and updating of
Project website
Records of
engagement with
NGOs and national
level Stakeholders
 Environmental & Social Risks Requirement Target and Evaluation
No. Action (Legislative, Policy, Responsibility Timetable Criteria for Successful Status
(Liability/Benefits) Good Practice) Implementation
10.2 Develop a project level external Ensure effective stakeholder Lenders JSCNH Prior to financial Communication plan
communication plan engagement and maintain good requirements close
community relations
10.3 Maintain an effective community Ensure effective stakeholder Lenders JSCNH Ongoing through Record of Grievance
grievance mechanism (established in engagement and maintain good requirements EPC Contractor early works, Resolution
July 2016) community relations construction and Committees
Operation meetings
Monthly and six- Grievance registers
monthly reports available in Naki and
during early works Chuberi Town halls
and construction Grievance database
maintained.
Monthly and six-
monthly reports on
Grievance
management are
available and contain
agreed information.
Annual public
awareness campaigns
on EPP and Dam
Safety
10.4 Maintain access to environmental Ensure effective stakeholder Voluntary and JSCNH Ongoing ESIA package and
and social documents of interest to engagement and maintain good best practice throughout other relevant
the public community relations Project lifetime documents available
on the company
website