1. Scope of Application
This Local Specification to Komatsu’s Worldwide Code of Business Conduct takes into account the specific requirements of the German Supply Chain Due Diligence Act ("SCDDA"). Komatsu Germany GmbH ("Komatsu Germany") will fall into the scope of application from 1 January 2024.
This Local Specification to Komatsu’s Worldwide Code of Business Conduct (as specified) is addressed to all employees of Komatsu Germany. These include full-time and part-time employees, senior employees, employees in probationary period, homeworkers, dependent sales representatives, employees on short-time work, employees absent due to maternity leave and temporary workers as well as Komatsu Germany's senior management.
Komatsu Germany is fully committed to the Komatsu Worldwide Code of Business Conduct and the principles described therein. Nothing in this local specification is meant to contradict or supersede the Komatsu Worldwide Code of Business Conduct.
2. Message from the Management Board of Komatsu Germany
Compliance, integrity and a responsible approach also concerning human rights and the environment are of utmost importance for Komatsu Germany. In line with worldwide Komatsu policies, we believe our "Corporate Value" is the total sum of trust given to us by society and all stakeholders. Komatsu Germany acknowledges its social responsibility as a good corporate citizen and is seeking to find appropriate solutions for ESG (Environmental, Social and Governance) issues through our core business activities and sustainable growth.
Against this background, Komatsu Germany takes the requirements of the SCDDA (which will be applicable on Komatsu Germany from 1 January 2024) very seriously. You are required to act in accordance with these requirements.
This local specification shall inform you about the specific requirements. Please also familiarize with Part I. 3. to 5. and Part II, 8., 9. and 11. to 13. of Komatsu’s Worldwide Code of Business Conduct.
In case of questions or uncertainties in the day-to-day business, please contact your local Compliance Hotline. When dealing with specific problems, each and every employee, including the management of each division and company, must work together to resolve the problems. The "Five Principles of Compliance" as described in the Komatsu Worldwide Code of Business Conduct apply.
The management strongly encourages you to report any (potential) violations of this local specification, the Komatsu Worldwide Code of Business Conduct or any applicable laws and regulations via the grievance mechanism as published on the website (https://www.komatsu.eu/company/komatsu-germany-gmbh/sustainability). Our corporate policies prohibit retaliation against individuals who report a (potential) violation in good faith.
3. Human rights- and environment-related supply chain due diligence
The SCDDA contains certain due diligence requirements along the supply chain. Komatsu Germany must make serious efforts to fulfill the due diligence obligations concerning their own business area, their direct suppliers and their indirect suppliers.
In particular, Komatsu Germany is required to (i) implement a risk management, (ii) conduct a risk analysis, (iii) implement preventive measures and remedial actions, (iv) implement a grievance mechanism and (v) fulfill documentation and reporting requirements. In order to comply with these requirements, Komatsu Germany has implemented corresponding organizational steps. Please refer to (i) our policy statement on the human rights strategy, (ii) our internal guideline on preventive measures, (iii) our procurement strategy and purchasing practices and (iv) remedial actions for more details.
You as an employee of Komatsu Germany play a crucial role in bringing these processes to life. Please ensure that you do not violate the following principles vis-à-vis your colleagues and Komatsu Germany's direct and indirect suppliers:
a) No Child Labor
The protection of children's development, their childhood, dignity, health, safety and education is of utmost importance for Komatsu Germany. Any form of child labor, including the worst forms of child labor (e.g. illegal activities or work that may affect the health, safety or morals of children), is prohibited. Komatsu Germany will ensure the protection of children by appropriate means and will comply in particular with ILO Conventions No. 138 on the Minimum Age for Employment and No. 182 on the Prohibition of the Worst Forms of Child Labor.
b) No Forced or Modern Slave Labor
Personal freedom is a fundamental prerequisite for progress and prosperity. Komatsu Germany expressly rejects any form of forced or compulsory labor, (modern) slavery or human trafficking and aligns its employer practices at least with ILO Conventions No. 29 on forced labor and No. 105 on the abolition of forced labor. Komatsu Germany ensures already in the course of recruiting that employees carry out their activities on a voluntary basis and are free to terminate at any time.
c) No Discrimination
Komatsu values and respects the diversity of its employee and the communities in which it operates. Komatsu employees shall not discriminate against any employee on the basis of age, gender, race, skin color, social or ethnic origin, nationality, wealth, marital status, pregnancy, sexual orientation, health, disability, religious or political conviction or any legally protected status.
d) Fair Working Conditions
Komatsu Germany promotes fair working conditions. In order to do so, Komatsu Germany complies with national labor laws without exception and respects statutory minimum wages to enable employees to at least secure their livelihood and stands for fair working conditions along the entire supply chain. Komatsu Germany takes internationally recognized standards of the International Labor Organization (ILO) appropriately into account.
Komatsu Germany takes the safety and protection of employees very seriously. Hence, Komatsu Germany complies with local laws on breaks, rest periods and time off. Overtime is only arranged on a voluntary basis and/or to the extent permitted by law.
e) Freedom of Association
Komatsu Germany acknowledges the positive impact of a sound cooperation between the company and the employees to the benefit of the company, the employees and the communities we are operating in.
Komatsu Germany adheres to ILO Conventions No. 87 on Freedom of Association and No. 98 on the Right to Organize providing for the right to freedom of association, to have their interests represented by their elected representatives and collective bargaining. Komatsu Germany refrains from any interference, discrimination, retaliation or harassment.
f) Health and Safety at Work
Komatsu Germany is committed to providing a safe, healthful and injury-free workplace. Health and safety are – in line with global Komatsu policies – a priority consideration.
Komatsu Germany will comply with all applicable national legislation on occupational health and safety and ensures that human working conditions are observed.
To do so, Komatsu Germany has implemented an ISO 45001 certified management system to prevent accidents and illnesses in the best possible way. This includes the identification, assessment and reduction of actual and potential accident and health risks, the recording and investigation of incidents, the training and instruction of employees in a form that they can understand, the provision of suitable work equipment and protective gear, and appropriate measures for emergency prevention and defense.
g) Security Personnel
Komatsu Germany does not hire or use public or private security personnel for protection of projects without proper supervision and training to avoid torture, cruel, inhumane or degrading treatment, risks for life and limb or impairments of the freedom of associations.
h) Environmental Protection
Environmental protection has high priority for Komatsu worldwide. Komatsu Germany is ISO 14001 and ISO 50001 certified. Komatsu Germany endeavors to reduce or counterbalance any burdens on the environment related with its business activities. This includes in particular compliance with the (i) Minamata Convention on Mercury, (ii) Stockholm Convention on Persistent Organic Pollutants, (iii) POPs Convention, (iv) Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal and (v) Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste.
