“NOTA : Total’s Vigilance Plan is published in Total’s Universal Registration Document 2019 and is republished hereunder for information purposes only, the only modification concerns the addition of images for illustration purposes and the addition of references to sections of the Universal Registration Document 2019.”
Table of content:
- Severe impact risk mapping
- Action principles and organization
- Assessment procedures
- Actions to mitigate risks and prevent severe impacts
- Whistle-blowing mechanisms
- Monitoring procedures
- Implementation report
In accordance with Article L. 225-102-4 of the French Commercial Code, the vigilance plan (hereinafter referred to as the “Vigilance Plan”) aims to set out the reasonable measures of vigilance put in place within the Group to identify risks of and prevent severe impacts on human rights, fundamental freedoms, human health and safety and the environment resulting from the activities of the Company and those of the companies it controls as defined in point II of Article L. 233-16 of the French Commercial Code, directly or indirectly, as well as the activities of subcontractors or suppliers with which it has an established commercial relationship, where such activities are linked to this relationship.
The Vigilance Plan covers the activities (hereafter referred to as the “Activities”) of TOTAL S.A. and its fully consolidated subsidiaries as defined in II of Article L. 233-16 of the French Commercial Code (hereinafter referred to as the “Subsidiaries”)(1). It also covers the activities of suppliers of goods and services with which TOTAL S.A. and its Subsidiaries have an established commercial relationship, where such activities are associated with that relationship (hereinafter referred to as the “Suppliers”)(2).
Total operates in over 130 countries in a variety of complex economic and socio-cultural contexts and in business areas that are likely to present risks that fall within the scope of the Vigilance Plan.
The reasonable measures of vigilance set out in this Vigilance Plan take into account the diversity and the geographic reach of the Group’s Activities. As part of its reporting of the implementation of the Vigilance Plan, Total has chosen to illustrate its actions by referring to situations upon which the Group was specifically questioned in 2019.
(1) Certain companies, such as Hutchinson, Saft Groupe and SunPower, have set up risk management and severe impact prevention measures specific to their organizations. In addition, for newly acquired companies, reasonable vigilance measures are intended to be implemented progressively during the integration phase of these companies into the Group systems. They do not therefore fall within the scope of the Vigilance Plan for 2019.
(2) In accordance with regulatory provisions, suppliers with which the Group does not have an established commercial relationship do not fall within the scope of this Plan. This Plan reflects the sustainable procurement principles applicable to relationships with Suppliers, but is not aimed at replacing the measures in place at those Suppliers.
Methodology and preparation preparation of the Vigilance Plan
Total’s corporate culture has, for many years, been mindful of the impact of Total’s Activities on health, safety, the environment and human rights.
In formulating its Vigilance Plan, Total was able to rely on a solid foundation of procedures, management and reporting tools, including with respect to HSE and human rights. Experience acquired has contributed to develop further the Vigilance Plan.
Health, safety and the environment (HSE) have long been the object of specific attention at Group level. Given their nature, the Activities give rise to health and safety risks for the Group’s employees, the personnel of external contractors, and residents in the vicinity of industrial sites.
In 2016, the Group set up a Group HSE Committee, which includes members of the Executive Committee and is chaired by the Chairman and Chief Executive Officer. The Committee’s role is to generate momentum at top management level to ensure that safety is a value shared by all. Also in 2016, Total made changes to its internal organization to bring together in a single HSE division, all HSE activities at headquarters and in the business segments. This unified organization is designed to pool existing strengths and expertise and harmonise good practices. In 2018, Total created a unified reference framework, applicable to all business segments: “One MAESTRO”(3). In practice, Total takes a continuous improvement approach to HSE at every level of the Group. HSE objectives are presented to the Executive Committee every year. One MAESTRO standards, defined at Group level, are implemented by the Subsidiaries through their own HSE management systems.
Human rights and fundamental freedoms are, and have been for many years, at the heart of the Group’s operations. Since 2000, Total has adopted a Group Code of conduct. In 2002, Total joined the United Nations Global Compact. In 2010, the Group created a Human Rights Coordination Committee. Following this trend, in 2011 Total notably published a practical human rights guide. In 2013, the Executive Committee examined and validated the Group human rights roadmap, and in 2016, its first human rights briefing paper.
The elaboration of the Vigilance Plan is part of a broader set of work to identify and analyse risks within the Group, including a new Group risk map, drawn up in November 2019. The combined knowledge of the various functions (HSE, human rights, procurement, human resources, societal, security and legal) was drawn upon to ensure an integrated approach.
At the meetings of the European Operational Committee – the operational instance of the European Works Council – in 2018, Committee members were provided with information on the law on the duty of vigilance and the methods used to prepare the Vigilance Plan, and were given an opportunity to comment.
The Board of Directors reviews the Vigilance Plan and its annual implementation report.
Dialogue with stakeholders
Total engages in dialogue with stakeholders at every level of the organization. In accordance with the Group’s framework documents on societal matters, stakeholders are identified, mapped out and organized by level of priority according to their expectations and degree of involvement, using internal Stakeholder Relationship Management (SRM+) methodology. This includes the following steps: list the main stakeholders for each Subsidiary and site (depots, refineries, etc.), categorize them and schedule consultation meetings to better understand expectations, concerns and opinions. The outcome of this process is the definition of action plans to manage the impacts of activities and consider local development needs, in order to build a long-term relationship based on trust. This tool allows the Subsidiary to explain its activities to communities and other stakeholders, and to single out potentially vulnerable local populations. It has been deployed in almost all Subsidiaries.
A number of Subsidiaries within the Exploration & Production segment also have in place a network of mediators with local communities, with a view to maintaining a constructive dialogue with neighboring communities. These mediators act as Community Liaison Officers (CLO) and are tasked with establishing an ongoing dialogue with stakeholders on the ground (Stakeholder Engagement), including local authorities and communities and, more broadly, local players in civil society. CLOs are employed by Total, sometimes come from the local communities, speak the local languages and understand the local way of life. They play a decisive role in establishing good relations between Total and its stakeholders and pay close attention to the most vulnerable populations.
A structured dialogue with stakeholders is established and maintained, primarily at local level. Subsidiaries manage local relations with civil society and are encouraged to enter into dialogue with NGOs. The Group also cooperates with external experts specialized in preventing and managing conflict between businesses and local communities. Centrally, relevant divisions of the Holding ensure a continuous dialogue with Group stakeholders. The Civil Society Engagement division manages relations between the Group and civil society, represented notably by non-governmental organizations (NGOs), as well as large institutions and multilateral agencies (e.g. Global Compact). Total maintains ongoing exchanges with Group employees and their representatives – whose role and position allows for privileged interactions, particularly with management. Social dialogue is a key component of the Group’s corporate vision. It includes all types of negotiations, consultations or exchanges of information between the Group entities, the employees and their representatives about economic and social issues related to the life of the company. Topics discussed may vary according to each entity, however shared concerns include health and safety, hours worked, compensation, training and equal opportunity. The Group strives to maintain this dialogue at both local and head office levels or centrally. It also takes the form of membership in organizations and the signing of agreements.
In countries where employee representation is not required by law (e.g. Myanmar and Brunei), Subsidiaries strive to set up such representation. A majority of Subsidiaries therefore have employee representatives, most of whom are elected.
At the European level, a European Works Council allows the sharing of information and exchanges on the Group’s strategy and social, economic and financial situation, as well as on sustainable development, environmental and societal responsibility, and safety matters. It examines any significant proposed organizational change impacting at least two companies in two European countries and expresses its opinion on this in addition to the procedures initiated before the national representative bodies. An agreement was signed in July 2017. It contains innovative measures to improve dialogue with members of the European Works Council (field safety visits and learning expeditions to discuss the Group’s strategy directly on site).
The signature of international agreements also reflect the Group’s commitment, including at top management level, to foster dialogue with employee representatives. In 2015, the Group signed a four-year global agreement with IndustriALL Global Union(4) on the promotion of human rights at work, diversity, the dialogue with employees and their representatives and the recognition of health and safety at work. Discussions are ongoing with a view to renewing this agreement in 2020.
In December 2017, Total joined the Global Deal initiative, a multi-stakeholder worldwide partnership whose goal is to encourage governments, companies, unions and other organizations to make concrete commitments to improve dialogue with employees. The Global Deal promotes the idea that effective dialogue with employees can contribute to more decent work and quality jobs and, as a result, to more equality and inclusive growth from which workers, companies and civil society will benefit. In 2019, Global Deal members were invited by the French Minister for Labor, in the context notably of the G7 Social summit, to take part in two working groups: on universal access to benefits adapted to changing needs and risks, and on equal treatment of women and men at work. By sharing its practices with Global Deal companies, Total contributed to the creation of a report titled, Les membres du Global Deal s’engagent pour le G7 social (“Global Deal members commit to the G7 Social”).
(4) International trade union representing over 50 million employees of the energy, mining, manufacturing and industrial sectors in 140 countries.
SEVERE IMPACT RISK MAPPING
The mapping work presented below, which includes risks for third parties and the environment, was carried out using the Group’s risk management tools.
Safety, health and the environment
The Group defines the risk of a severe impact on safety, health or the environment as the probability of Total’s Activities having a direct and significant impact on the health or safety of employees of Group companies, employees of external contractors(5) and third parties, or on the environment following a large scale pollution or a pollution impacting a sensitive natural environments(6).
Total has developed regular safety, health and environment risk assessment procedures and tools applicable to operate its Activities at various levels (Group, activities and/or industrial sites):
- prior to investment decisions in industrial projects of the Group, acquisition and divestment decisions;
- during operations;
- prior to releasing new substances on the market.
With respect to potential major industrial accidents, analyses are based notably on incident scenarios at the site level, for each of which the probability of occurrence and potential consequences (in terms of severity) are assessed. Based on these parameters, a prioritization matrix is used to determine whether further measures are needed. These mainly include preventive measures but can also include mitigation measures that may be technical or organizational in nature. Each business segment produces, on a yearly basis, an inventory of its identified major industrial accident risks, which is submitted to management/committees in each segment and to an HSE Group Committee once a year, providing a global overview of identified risks and a progress report of action plans launched by the Subsidiaries operating the sites.
This work allowed the Group to identify, analyze and prioritize the risks of severe impacts. These analyses have highlighted the following risks of severe impacts:
- risks to the safety of people and to the environment resulting from a major industrial accident on an offshore or onshore site. This accident could be an explosion, a fire or a leak resulting in fatalities or bodily harm, and/or accidental pollution on a large scale or on a sensitive natural site, for example well blowout;
- risks to the safety of people and to the environment related to the overall life cycle of the products manufactured, and to the substances and raw materials used;
- risks associated with transportation, for which the likelihood of an operational accident depends on the hazardous nature of the products handled, as well as on volumes, length of the journey and sensitivity of the regions through which products are transported (quality of infrastructure, population density, environment).
Climate change is a global risk for the planet and results from various human actions such as energy consumption. As an energy producer, Total seeks to reduce direct greenhouse gas emissions resulting from its operated Activities. In 2019, worldwide greenhouse gas emissions (GHG) from the oil and gas facilities operated by Total amounted to 41.5 million tons of CO2e, which is less than 0.1% of the total worldwide emissions of more than 55 billion tons per year(7). In addition, Total implements a strategy to tackle climate change challenges and reports on this in detail, notably in its statement of non-financial performance (refer to point 5.6 of chapter 5 [of the 2019 Universal Document]), in accordance with Article L. 225-102-1 of the French Commercial Code.
(5) Personnel of companies working on a site operated by a Subsidiary.
(6) Sensitive natural environments include, in particular, remarkable or highly vulnerable natural areas, such as the Arctic, as well as areas covered by significant regulatory protection such as Protected Area Categories I to IV as defined by the International Union for Conservation of Nature (IUCN) or natural sites listed on the UNESCO World Heritage List on December 31, 2018.
(7) UN Environment, Emissions Gap Report 2019.
Human rights and fundamental freedoms
The risks of severe impacts on human rights and fundamental freedoms for Total personnel and third parties were identified according to the criteria defined in a well-established reference document for the mapping of human rights risks, the United Nations Guiding Principles Reporting Framework:
- severity: the scale of the impact on human rights; and/or
- scope: the number of persons affected or who could be affected; and/or
- the remediable nature of the impact: the ease with which the corresponding rights of the impacted persons can be restored.
Total applied the United Nations Guiding Principles Reporting Framework which defines the following process:
- identify all human rights at risk of being negatively impacted by a company’s activities or business relations, by taking into account all relevant business activities and entities in the company and the point of view of the persons exposed to a negative impact;
- prioritize potential negative impacts based on their potential gravity (severity and potential extent of the impact and the required remediation efforts) and their probability (while paying particular attention to very severe but unlikely impacts);
- explain the conclusions to internal and external stakeholders and check that factors have not been omitted.
This risk mapping work was carried out by Total in 2016 in consultation with internal and external stakeholders. It included workshops with representatives of key business activities of the Group (human resources, procurement, security, HSE, Ethics Committee, Human Rights Steering Committee) and of Subsidiaries operating in difficult environments or particularly exposed to risks to human rights and fundamental freedoms. A series of interviews was held with independent third parties (Good Corporation, International Alert, Collaborative Learning Project). The participants were able to share return on experience on the ground (dilemmas and controversies faced, proposals for improvements on issues related to human rights and HSE resulting Subsidiary assessments). The questions raised at the Business Ethics Day were also taken into consideration. The results of the local and Groupwide Total Survey – an internal opinion poll of employees (Total Survey) regarding their professional situation and perception of the company conducted at local and Group level, were also taken into account. This risk mapping is periodically updated, in accordance with the United Nations Guiding Principles Reporting Framework.
This work allowed Total to identify and analyze human rights issues related to its Activities and to prioritize them according to their saliency i.e. those which were most likely to be negatively impacted by Activities.
The salient risks are thus identified by comparing indicators and information provided by external stakeholders and internal return on experience.
This risk mapping is supplemented by operational mappings such as the CSR risk mapping for procurement by the Group for each category of goods and services. Risk mapping by the security division also takes into account human rights and the VPSHR.
As a result, the following risks of severe negative impacts on human rights and fundamental freedoms were identified:
- risk of forced labor, which corresponds to any work or service which people are forced to do against their will, under threat of punishment; as well as child labor, which is prohibited for any person aged under 15, or under 18 for all types of work deemed hazardous in accordance with International Labor Organization standards;
- risk of discrimination, characterized by unfair or unfavorable treatment of people, particularly due to their origin, sex, age, disability, sexual and gender orientation, or membership of a political or religious group, trade union or minority;
- risk of non-compliance with fair and safe working conditions, such as for example the absence of employment contracts, excessive working hours or lack of decent compensation;
- risks related to the resettlement of neighboring local communities, resulting from the Group requiring, for some of its projects, temporary or permanent access to land that might result in the physical displacement and relocation of these groups and/or limitation of access to their means of subsistence;
- risk of impacts to the right to health of local communities, such as emissions into the air or water, and other impacts generated by the Activities that might have consequences for the health of local communities, their means of subsistence and their access to vital services such as fresh water;
- risk of disproportionate use of force, when intervention by government security forces or private security companies is necessary to protect the Group’s staff and facilities.
Dialogue with local stakeholders and feedback from the field described above also contribute to the identification of risks of severe impacts on human rights.
In 2019, Total updated its procedures to analyze risks of severe impacts on human rights and fundamental freedoms (which takes into account the country, activities and types of raw materials or purchased products and services). This work was done with a specialized consultant, and included workshops with internal and external stakeholders. It took into account international country risk indicators established by a third party consultant. The resulting new procedure will be deployed in 2020. The goal is to update potential risks of severe impacts on human rights, continuously improve the management framework of said risks, and define priority action plans at a local level. The procedure will offer a support to Subsidiaries located in geographic areas at higher risk of severe impacts on human rights.
ACTION PRINCIPLES AND ORGANIZATION
The Group has defined in its referential framework principles which reflect the Group’s values, and aim at preventing severe impacts on human rights and fundamental freedoms, health, safety and the environment (the “Action Principles”). When the legal provisions applicable to Activities provide less protection than the Group’s Action Principles, Total strives under all circumstances to give precedence to the latter, within the constraints of applicable regulations.
The Group has a three-tier organization: Corporate, business segments and operational entities. Each tier is involved in and accountable for identifying and implementing measures in the Vigilance Plan deemed appropriate within the scope of the entity in question.
The Action Principles are driven by the Executive Committee.
The Ethics Committee is the guarantor of the implementation of the Code of Conduct. Its chairman, who reports to the Chairman and Chief Executive Officer of Total, presents an annual ethics report to the Governance and Ethics Committee.
The People & Social Responsibility divisions coordinate action in relation to Social Responsibility at Group level and respond to the concerns of internal and external stakeholders. They include:
- The HSE division includes the industrial health, safety, environmental and operational societal activities of the Group. Within the division, the HSE Departments of the Exploration & Production, Integrated Gas, Renewables & Power, Refining & Chemicals and Marketing & Services segments are notably responsible for supporting the implementation of the Group’s HSE policy. Specific expert teams deal with the following areas: major risks, human and organizational factors, environmental and societal issues, transportation and storage, crisis management and pollution prevention, standards and legislation, audits and return on experience. The Group has set up an HSE Committee chaired by the Chairman and Chief Executive Officer and made up notably of members of the Executive Committee and HSE Directors. Its mission is to ensure that safety is a shared value.
- The Civil Society Engagement division is tasked with developing relations with civil society and driving the Group’s initiatives for societal progress. In this division, the Human Rights Department supports the Group’s operational personnel with its expertise in implementing the Action Principles relating to human rights and fundamental freedoms. This division also forms the link between the Group and civil society and is in charge of relations with non-governmental organizations (NGOs), major institutions or multi-lateral agencies at Group level.
- The Group Human Resources division has, in particular, the role of defining the human resources strategy and policies of the Group in accordance with the business challenges and the One Total company project. In line with the multiple situations encountered in the field, it coordinates the diffusion and roll-out of the new policies to support the various human resources departments in the Group’s business segments. It is also tasked with coordinating the Group’s social relations policy, chairing the European and worldwide committees and negotiating within this scope.
- The Security division is responsible for the protection of people, facilities and information, and pays particularly close attention to the protection of people and property, by conducting analyses and offering advice.
- A dedicated cross-functional Subsidiary, Total Global Procurement, coordinates management of supplier relationships and provides in particular purchasing services of Group’s goods and services, whether for categories of products or services specific to one business activity or categories shared between several business activities(8).
The Strategy and Climate division supports the Group’s governing bodies and in particular is in charge of integrating climate into the Group’s strategy. It structures the implementation of the Group’s action with respect to climate change, while working with the operational divisions of the Group’s business segments.
This corporate organization acts in support of the business segments and Subsidiaries in the operational implementation of the Action Principles.
Within the business segments services and advice are offered to Subsidiaries to assist them in the operational implementation of Group requirements.
Depending on their size, type of activities and the risks to which they may be exposed, the Subsidiaries may have dedicated personnel for HSE, societal, human resources, ethical, security and procurement issues.
(8) Present in more than 130 countries, the Group currently works with a network of more than 100,000 suppliers.
Code of Conduct – Human rights
Total’s Vigilance Plan is based primarily on the Group’s Code of Conduct(9), which defines the Group’s values, including safety and respect for others, and their application to human rights, the environment, health and safety.
It is regularly updated, – the last update dates back to 2018.
The Code particularly sets forth the Group’s compliance with the following international standards:
- the principles of the Universal Declaration of Human Rights;
- the United Nations Guiding Principles on Business & Human Rights;
- the principles set out in the International Labor Organization’s fundamental conventions;
- the principles of the United Nations Global Compact;
- the OECD Guidelines for Multinational Enterprises;
- the Voluntary Principles on Security and Human Rights, or VPSHR.
The Code of Conduct, which can be accessed on the Group’s website, is aimed at all employees and external stakeholders (host countries, local communities, customers, suppliers, industrial and commercial partners and shareholders).
The provisions of the Code of conduct pertaining to human rights are specified in the procedures of the relevant functions concerned. The requirements relating to the implementation of VPSHR in the conduct of security operations are thus detailed with regards to risk assessment, preliminary verifications, formalization of the relationship with security providers, training and management of possible incidents. Likewise, for procurement, the process of qualification and assessment of Suppliers is detailed in terms of risk analysis, evaluation criteria, audits and monitoring of the relationship with Suppliers. The societal requirements applicable to the Subsidiaries are also detailed, specifically with respect to the evaluation of the societal context, the regular dialogue with the stakeholders, the management of potential impacts, and the management of complaints.
(9) SunPower has its own code of conduct and ethics.
Safety, health and environment
Total conducts its operations on the basis of its Safety Health Environment Quality Charter (available at total.com). It forms the common foundation for the Group’s management frameworks, and sets out the basic principles applicable to safety, security, health, the environment, quality and societal commitment. This Charter is implemented at several levels (head office and Subsidiaries). Group directives and rules define the minimum requirements expected. General specifications, guides and manuals are available as a tool to implement these directives and rules. The Subsidiaries incorporate these requirements into their own management systems, whilst taking into account local specificities and regulatory requirements. The Group’s framework is available to all employees.
Since 2018, an HSE reference framework common to all the business segments has progressively been rolled out in order to give greater overall consistency to the Group’s operations, while taking into account the specificities of each business segment. This reference framework, which is named One MAESTRO (Management and Expectations Standards Toward Robust Operations), applies to all the Group’s operated sites as defined in point 5.11 of chapter 5 [of the 2019 Universal Registration Document] (scope of One MAESTRO).
One MAESTRO is structured around ten fundamental principles: (1) leadership and management commitment, (2) Respect des lois, règlements et exigences du Groupe, (3) compliance with laws, regulations and Group requirements, (4) risk management, (8) operational accountability, (6) contractors and suppliers, (7) emergency preparedness, (8) learning from events, (9) monitoring, audit and inspection, (10) performance improvement.
In 2010, the Group also introduced the Total Golden Rules of safety at work. This has been widely circulated within the Group and outlines the fundamental rules which must be scrupulously observed by all personnel, whether employees or the staff of external contractors, in all countries and business segments in which the Group is active. The aim of the Golden Rules is to define simple, easy-to-remember rules based on situations reflecting a number of occupational accidents. These rules cover the following subjects:
In addition, everyone, irrespective of their level in the organization, is authorized to interrupt work in progress, if they notice a high-risk situation, by using their Stop Card.
Example: Use of the Stop Card
The Stop Card is a plastic-coated card, signed by the manager of the entity or site. It grants its holder the authority to intervene and stop work in progress, if he/she notices high-risk actions or situations, or situations that may lead to an accident, with a assurance that no disciplinary action will be taken as a result, even in the intervention turns out to have been unnecessary.
If an action or situation seems hazardous for one or more people, a facility or the environment, the Stop Card provides means of intervening. Uses of the Stop Card can range from a simple question to check that no risks are present, to interrupting the work in progress. This interruption offers an opportunity to exchange with the colleagues involved (members of staff and their supervisor) with a view of finding a solution to the perceived problem. If necessary, changes are made to the way of working before resuming the work in progress.
If the problem cannot be solved immediately, the work is suspended, pending the implementation of suitable measures.
Fundamental principles of procurement
The relationship between the Group and its Suppliers is based on adhesion to the Fundamental Principles of Purchasing(10) that are consistent with the principles laid down in the Code of Conduct.
The Fundamental Principles of Purchasing lay out the commitments that Total expects from its suppliers in the following areas: respect for human rights at work, protection of health, safety and security, preservation of the environment, prevention of corruption, conflicts of interest and fraud, respect for competition law, as well as the promotion of economic and social development.
The requirements specified in this document must be communicated to Suppliers and included in or transposed in all procurement contracts. These principles are accessible to all suppliers in French and English on Total’s website.
(10) Saft Groupe and SunPower have defined Fundamental principles of procurement specific to their activities (for example, SunPower Supplier Sustainability Guidelines).
Internal control framework
The Group consistently ensures that an internal control framework, based on the referential of the Committee of Sponsoring Organizations of the Treadway Commission (COSO) is in place.
Total has a Group reference framework that is supplemented by a series of practical recommendations and return on experience. Like the Group’s organization, this framework has a three-tier structure: at Group level, the REFLEX Group framework (including One MAESTRO) and the technical framework set out by the Group Technology Committee, frameworks for each business segment, and for each significant operational entity.
The Group has defined procedures to assess its Subsidiaries and Suppliers, including in collaboration with independent bodies, which help identify and prevent risks of severe impacts on human rights and fundamental freedoms, health, safety and the environment. Staff training, particularly of managers, is the necessary complement to assist the Subsidiaries in the implementation of the Total Action Principles.
Procedures for assessing subsidiaries
Assessment of the implementation of the HSE framework involves self-assessment by the Subsidiary and HSE audits by experts from the Group HSE division.
Subsidiaries must undertake a self-assessment at least every two years.
The Audit unit of the HSE division conducts an HSE audit on operated sites at least every five years, according to an audit protocol. These audits deal with a set of activities and facilities governed by a single HSE management system. They address notably: management involvement, compliance with applicable rules, risk management, individual involvement at every level, relationships with suppliers present on the Subsidiary’s site, skills, preparations for emergency situations, return on experience, self-assessment by the Subsidiary and the continual improvement process. The Group’s HSE audit protocol is based on the One MAESTRO framework and includes the requirements of the international standards ISO 14001:2015 (environmental management) and ISO 45001:2018 (occupational health and safety). The audit protocol is applied in full during self-assessments and according to a risk-based approach during audits. The goal is to identify potential gaps in the implementation of the rules by the Subsidiaries and to enable them to define and implement improvement actions. The progress of improvement actions is reported to management at the appropriate level in the management chain. The status of actions taken following audit observations beyond a defined severity level is reported to the business segment and HSE divisions every semester.
The HSE division defines the rule and reporting guide and ensures the implementation of the standards for the consolidation of data, provided by the Subsidiaries, related to the Group greenhouse gas (GHG) emissions.
Assessments regarding human rights and fundamental freedoms
The Group appoints a service provider specialized in ethics and human rights assessments to check the proper application in the Subsidiaries of the principles included in the Code of Conduct. These assessments include criteria relating to human rights and fundamental freedoms. As part of the process, a panel of employees and external stakeholders of the Subsidiary is questioned to understand how its Activities are perceived locally. The content of the assessment is adapted to each Subsidiary and may address issues such as the involvement of Subsidiary management, employee awareness of the Code of Conduct, employee working conditions, supplier selection procedures, security measures taken or proactive collaboration with local stakeholders. Following the assessment, the Subsidiary defines and implements an action plan, and a monitoring procedure is put in place.
At a project level, Total conducts assessments of the impacts on human rights and fundamental freedoms of the Group’s activities in sensitive situations (including according to criteria relating to human rights risks in the relevant country) with independent organizations specialized in human rights and fundamental freedoms, or in the prevention and management of conflicts between corporations and local communities. These assessments take account of the salient issues identified by the Group.
Security, which is identified as a potential salient risk in the map of the risks of severe impacts on human rights, is subject to risk assessment processes at an entity and project level. The Security division is notably tasked with ensuring the implementation of Total’s commitments to enforce the Voluntary Principles on Security and Human Rights (VPSHR, a multi-stakeholder initiative that Total joined in 2012, involving governments, companies and associations, that addresses relations with government or private security forces). As part of this process, the Subsidiary undertakes an assessment of risks in relation to both security and human rights. In addition, a VPSHR self-diagnostic tool has been developed to enable Subsidiaries to assess their own implementation of the VPSHR and to identify areas of improvement. This tool measures the Subsidiary’s commitment to VPSHR, personnel training and relations with government security forces and private security companies.
Finally, an annual self-assessment questionnaire enables measurement and evaluation of the level of implementation of their societal initiative on the ground. Actions involving dialogue, impact management and the contribution to socioeconomic and cultural development are recorded and analyzed.
Procedures for assessing suppliers
With respect to Suppliers, a risk mapping related to procurement, by category of goods and services, was established in 2012 on the basis of questionnaires completed by the managers of each procurement category. This risk mapping is periodically reviewed.
Qualification procedures for Suppliers of goods and services have been harmonized at Group level. A new internal framework was published in 2018. The qualification process includes a review of human rights at work, environment and health and safety. A risk analysis is carried out for each Supplier, followed where deemed necessary by a detailed assessment. The detailed assessment includes questionnaires on each of the aforementioned issues and, if needed, results in an action plan, a technical inspection of the site by employees or an audit of working conditions carried out by a consultant. A new qualification software was developed in 2019 and will gradually be rolled out in over 100 countries.
The Group put in place a Supplier assessment procedure with a view to identifying and preventing risks of severe impacts on human rights and fundamental freedoms, health and safety. The Group periodically audits Suppliers to assess working conditions during the life of the contract. A targeted annual audit plan is defined every year, which includes Suppliers put forward for audit by Subsidiaries based in countries that have been identified as having a high risk of human rights violations.
Crude oil and petroleum product purchasing by Trading & Shipping, gas and electricity purchasing by the Subsidiary Total Gas & Power Ltd, and the purchases made by the Subsidiaries of Hutchinson, Saft Groupe and SunPower are subject to supplier qualification processes specific to their organizations.
At the Subsidiary level, this qualification process may be complemented by specific verifications of compliance of a Supplier with the VPSHR. When private security companies are used to protect a Subsidiary, preliminary checks are made. They include a review of the recruitment process, technical and professional training (notably on the local context, the use of force and the respect for the rights of individuals), working conditions and the company’s reputation. In addition, the proposed Supplier’s employees are screened for previous conviction or implication in human rights violations.
Where deemed necessary in certain contexts (notably palm oil, vetting), dedicated teams may be set up to conduct the qualification process.
Palm oil Suppliers are screened to ensure that the palm oil supplied is certified as sustainable according European Union criteria (EU ISCC certification). These criteria include a review of carbon footprint, the preservation of forests, good use of land and respect for human rights. In addition to this mandatory certification, Suppliers must have signed the Fundamental Principles of Purchasing and be members of the Roundtable on Sustainable Palm Oil (RSPO).
The Vetting department of Trading & Shipping defines and applies the selection criteria for the tankers and barges used to transport the Group’s liquid petroleum or chemical and gas products. This review aims notably at ascertaining the proposed Supplier’s technical qualities relative to internationally recognized industry practices, the crews’ experience, and the quality of the shipowners’ technical management. A green light from the Vetting department, granted strictly on the basis of technical data and independently of business considerations, is required for all ships and barges chartered by a Subsidiary, third parties transporting cargo belonging to the Group, or ships and barges which stopover at a terminal operated by a Subsidiary. Audits of shipowners also allows the Group to assess the quality of the technical management systems implemented by operators, crew selection and training, as well as the support provided to vessels.
Total is actively involved in the Ship Inspection Report Program (SIRE) which was set up by the Oil Companies International Marine Forum (OCIMF) to allow the sharing of inspection reports amongst international oil and gas companies, thus contributing to the continuous improvement of safety in oil and gas shipping.
ACTIONS TO MITIGATE RISKS AND PREVENT SEVERE IMPACTS
Specific actions are taken to mitigate risks and prevent severe impacts, drawing mainly on the Action Principles and assessments described above.
They are also based on return on experience from HSE incidents and include training of Group employees, programs to raise the awareness of Suppliers, the provision of information on product risks, as well as measures to manage emergency and crisis situations.
With respect to climate, which is a global risk for the planet resulting from all human activities, the Group has structured its approach in order to integrate climate challenges into its strategy and has defined specific objectives within different timeframes, in order to control and reduce the GHG emissions resulting from its Activities (Scope 1 and 2). These are reported in section 184.108.40.206 of [the 2019 Universal Registration Document].
Return on experience
The Group implements a process for the analysis of accidents, irrespective of their nature, with the method used and the level of detail involved depending on the actual or potential level of severity of the event.
A return on experience may include an analysis of the incident including of its severity and result in communications to the relevant stakeholders or a wider population within the Group. The purpose of sharing return on experience is to ensure that Subsidiaries are informed and share lessons learned from the incident.
By way of example, a near-miss with a high severity potential undergoes an analysis similar to that of a severe accident. This analysis is considered an essential factor of progress. Depending on its relevance to the other Group entities, it may trigger a safety alert and the communication of a formal return on experience.
The Group’s corporate culture encourages, more generally, formal and informal return on experience on all matters relevant to the Vigilance Plan.
Awareness and training of Group employees
The Group has a variety of communication and information channels in place, enabling all employees of TOTAL S.A. and its Subsidiaries to have access to the Action Principles defined by the Group in relation to human rights, fundamental freedoms, health, safety and the environment.
HSE training courses, incorporating on-line educational programs as well as technical training tailored to the various Activities, are offered to all Group employees. Dedicated programs in the fields of health, safety and the environment – which may be general or specific to a type of activity or subject area – have been deployed within the Group. Depending on a person’s level of responsibility and experience in the Group, he/she will for example attend: HSE Leadership for Group senior executives, HSE training for managers, and training for new recruits.
These training courses will include from 2020 training actions related to climate challenges dedicated to all Group employees. A specific module will also be set up for Group senior executives and managers.
In the Subsidiaries as well as head office, teams regularly engage in crisis management exercises, the scenarios of which are based on potential incidents identified in the risk analysis. Dedicated training (initial and refresher training) also contributes to preparing employees for potential crises including in relation to the various roles played by members of the crisis team (for example crisis team leader, liaison with operations, experts and communicators etc.).
Dedicated human rights and fundamental freedoms training programs have been set up for senior executives, site directors and those employees most exposed to these issues. Awareness-raising sessions are organized regularly for employees, for example as part of an ethical assessment of a Subsidiary. Specific training modules explaining the Group’s ethical commitments and the Fundamental Principles of Purchasing have also been developed for the Group’s procurement teams.
Every year, the Security division organizes a training session on the VPSHR for security managers in the Subsidiaries. Local visits are also organized to deliver in-person training in the Subsidiaries.
Each employee receives a copy of the Code of Conduct to raise awareness of the Group’s values, including safety and respect for others, which is respect for human rights. The Code of Conduct is also available on the Group’s website in fifteen languages. Every new employee is required to read the Code of Conduct (and must certify to having done so) and the Total induction day includes an initiation to ethics and human rights.
Internal channels of communication, such as intranet websites accessible to most employees, are also used to raise employee awareness of matters pertaining to human rights. Dedicated webpages on ethics and the respect for human rights present the priority areas identified by the Group. These webpages have several goals: explain the Action Principles, present how the Group implements these principles and to help employees implement the ethical conduct expected of them in their everyday work.
Events such as the annual Business Ethics Day are used to raise awareness among employees of TOTAL S.A. and its Subsidiaries.
A guide to Human rights is also made available to employees and stakeholders. Its goal is to raise employees’ awareness on issues relating to human rights in the oil and gas industry (at work, with local communities and in relation to security) and it provides guidance as to the appropriate behavior to adopt in their activities and relationships with stakeholders. It includes case studies, specifically on Myanmar, Uganda and the Democratic Republic of Congo. This guide serves as a reminder of the Group’s commitments in relation to human rights. It offers proposed answers to common questions and concerns about human rights, notably child labor, forced labor, discriminatory practices and collective negotiations
The Practical guide to dealing with religious questions, published in 2017, aims to provide practical solutions to issues raised by Group employees and managers worldwide. It draws on the experiences of the business segments in various countries and encourages listening, dialogue and respect to find solutions suited to the local context. A number of internal and external experts contributed to this document, including representatives of various religious communities. This guide has been translated into ten languages. It is available on the intranet and is also distributed at training courses and on the Business Ethics Day.
The HSE Division organizes the Group’s World Safety Day and World Environment Day, which aim to bring teams on board and raise awareness of ways implement the Action Principles. In addition, periodic HSE communications are published throughout the year. Safety culture is reinforced on a day-to-day basis through safety moments at the beginning of meetings or before hazardous operations, consisting of a short discussion to reiterate the key safety messages and align participants with mutual commitments.
Awareness and training of Suppliers
The Fundamental principles of purchasing constitute a contractual commitment by Suppliers and are a means to raise awareness amongst Suppliers on HSE and human rights issues. They are communicated to Suppliers at the time of their integration in the Group’s Supplier database. A brochure explaining these principles in detail is also handed out to Suppliers at annual meetings or events such as the Suppliers Day. The Fundamental Principles of Purchasing are also available on the Total website.
Training efforts are also made towards Suppliers, such as a training on responsible security and the VPSHR is given to employees of security service providers. Contracts with these service providers mention compliance with the VPSHR and the need to train their personnel about the VPSHR. Additionally, the Security division may deliver this training directly to security service providers.
Suppliers working on Subsidiary sites are made aware of the risks to health, safety and the environment of the activities of the site. They receive support in the management of risks related to their activities, those of the site and any potential interactions, such as in the work permit process or during site safety inspections.
Information on product risks
The Group is careful to comply with regulatory requirements in order to minimize risks associated with petroleum or chemical products marketed by Total throughout their life cycle.
The Group has also defined minimum requirements that apply to the marketing of its petroleum or chemical products worldwide in order to reduce potential risks to consumer health and to the environment. These requirements include the identification and assessment of risks inherent to a product and its usages, as well as the provision of information to consumers. The material safety data sheets (MSDS) that come with petroleum or chemical products marketed by the Group (available in at least one of the languages used in the country) and product labels are two key sources of information.
The implementation of these requirements is monitored by teams of specialist in the Refining &Chemicals and Marketing & Services segments of the Group. These teams review the safety documentation produced for marketed petroleum or chemical products in order to ensure that they correspond to the usages for which they are intended and comply with applicable regulations. They draft the material safety data sheets, compliance certificates (contact with food, toys, pharmaceutical packaging, etc.), and manage REACH registration where necessary. They also monitor scientific and regulatory developments and keep track of the timely implementation of new sheets (and updates to existing ones) within the Group.
Governance of the process is completed within Subsidiaries of Refining & Chemicals and Marketing & Services segments by the designation of a product officer to monitor compliance of the market release of his/her entity’s products. The networks of product officers are coordinated by the Group’s specialist units either directly or via an intermediate regional level in the case of the Marketing & Services segment.
The safety data sheets for oil and gas produced by the Exploration & Production and of Integrated Gas, Renewables & Power Subsidiaries are produced by the Marketing & Services expertise center. The conformity of the marketing process of these products is ensured by the Subsidiary.
Finally, the Group has set up an inter-segment working group to further the harmonization of practices and classifications for products common to the different segments, as well as the development of good practices.
Responses to emergency or crisis situations
Crisis management is organized to ensure sufficient preparedness and an efficient response to a crisis or emergency event. The Group has implemented a global crisis management system, based notably on a 24/7 on-call system, a set of unified procedures deployed in the Subsidiaries and on a dedicated crisis management center that makes it possible to manage two simultaneous crises from head office. The framework requires Subsidiaries to have in place plans and procedures for interventions in the event of leaks, fires or explosions and to test them at regular intervals.
The Group has several whistle-blowing mechanisms that are open to employees, Suppliers and third parties.
To support employees on a day-to-day basis, the Group encourages a climate of dialogue and trust enabling individuals to express their opinions and concerns. Employees can turn to their line manager, an HR or other manager, their Compliance Officer or their Ethics Officer.
The Group’s employees and Suppliers, as well as any other external stakeholder, can contact the Ethics Committee to ask questions or report any incident involving a risk of non-compliance with the Code of Conduct by using a generic email address ([email protected] total.com). This system was set up in 2008, in cooperation with the Group’s trade unions organizations on a European level. The Ethics Committee is a central structure, in which all business segments are represented. All its members are Group employees with a good knowledge of its Activities and have demonstrated the independence and impartiality necessary for the performance of their duties. The Ethics Committee assures compliance with the Code of Conduct and ensures its proper implementation. It is assisted in its work by the relevant departments, as well as by a network of local Ethics Officers. The Chairperson of the Ethics Committee reports to the Chairman and Chief Executive Officer of Total. The Chairperson submits an annual report to the Executive Committee and the Governance and Ethics Committee which reports to the Board of Directors. The members of the Ethics Committee are subject to a confidentiality obligation. The Committee ensures the confidentiality of the complaints, which can only be lifted with the agreement of the complainant. The system is supplemented by specific whistle-blowing mechanisms implemented at certain Subsidiaries (SunPower, Hutchinson).
Suppliers can also contact the internal supplier mediator using a generic email address ([email protected] total.com). Available to Suppliers and the Group’s procurement teams, the mediator’s role is to restores dialogue and help find solutions.
The One MAESTRO framework requires the Group’s operational entities to deploy procedures to manage stakeholder grievances related to the Subsidiary’s activities (excluding business claims). This provides residents and local communities with a preferential channel to voice their concerns and grievances. Handling these grievances locally makes it possible to offer a response to anyone who feels that they have been negatively affected by the Activities and to improve internal processes in order to reduce impacts that may be caused by the Activities. Managing grievances consists of:
- Informing the stakeholders of this free process;
- Receiving and registering grievances;
- Acknowledging receipt of the grievances and informing the stakeholders about the follow-up actions;
- After any necessary internal research, proposing a means of settling the grievances in collaboration with the stakeholders;
- Monitoring the handling of the grievance and analyzing it to see where improvements can be made.
These mechanisms can also be used to implement the VPSHR. In addition, in the event of an incident, a reporting process requires the Security division to be informed, that an internal analysis be performed to establish the facts resulting in a report. This allows the Subsidiary to re-assess its VPSHR process and to take measures to reduce the risk of incidents.
Multi-disciplinary committees review the implementation of measures within their purview. Indicators are used to measure the effectiveness of the measures, progress made and to identify ways of improvement.
The Ethics Committee is closely involved in monitoring compliance with the Code of Conduct and can be called upon for advice on its implementation.
The Human Rights Steering Committee is made up of representatives from different departments (including security, procurement and societal) and business segments. It is chaired by the Group’s head of Civil Society Engagement. It meets four times a year to coordinate the actions on human rights and fundamental freedoms taken by the business segments and the Subsidiaries, as part of the implementation of the human rights roadmap submitted to the Executive Committee. All country chairs contribute to this monitoring process, notably by acting as the local point of contact for the Security division with respect to compliance with the VPSHR.
Representatives of the Management Committee of Total Global Procurement and of the Civil Society Engagement, HSE and Legal divisions as well as of the Ethics Committee are invited at least once a year to participate to the Responsible Procurement Committee which monitors the implementation of the Group’s Responsible Procurement roadmap. The roadmap defines Total’s guidelines for 2019-2023 in terms of respecting human rights throughout the supply chain, environment and economic development.
The HSE division has set up cross-functional committees of experts, including in the fields of safety, the environment and crisis management, and monitors the ongoing coordination of HSE issues (see point 220.127.116.11 in this chapter [of the 2019 Universal Registration Document]).
Internal reporting and indicators for monitoring implementation of the actions undertaken in the Group in the areas of human rights, safety, health and the environment is based:
- for social indicators (including health), on a guide entitled the “Corporate Social Reporting Protocol and Methodology”;
- for safety indicators, on a Group rule regarding HSE event and statistical reporting; a return on experience analysis process identifies, notably, events for which a formalized analysis report is required in order to draw lessons in terms of design and operation; and
- for environmental indicators, on a Group reporting procedure, together with activity-specific instructions.
Consolidated objectives are defined for each key indicator and reviewed annually. The business segments apply these indicators as appropriate to their area of responsibility, analyze the results and set out a plan of action.
(11) In accordance with Article L.225-102-4 of the French Commercial Code, the report on the effective implementation of the Vigilance Plan is presented below. Since the identification of risks and the prevention of severe impacts on human rights, human health and safety and the environment overlap partially with certain risks covered in the non-financial performance statement (refer to chapter 5 [of the 2019 Universal Registration Document]), Total has chosen to report below on the implementation of its Vigilance Plan by incorporating certain aspects of its non-financial performance statement although the latter includes risks of varying degrees.