Background

The UNDP is seeking a consultant to enhance the labour management and occupational health and safety systems in place under the Yemen Emergency Crisis Response Project (ECRP), implemented by UNDP with World Bank funding.

The ongoing conflict in Yemen has resulted in a catastrophic humanitarian emergency with an increasing toll of civilian deaths and casualties across the country. Over 80 percent of Yemen’s population is estimated to be in need of humanitarian assistance and more than 2.5 million Yemenis have become IDPs. The ongoing conflict has destroyed much of the institutional ability of key ministries, governorates and local authorities to deliver essential social services to citizens. Public service restoration is also essential for a smooth transition to recovery, as a political agreement is being negotiated. Combining communities’ own efforts with whatever limited state institutional capacity remains are needed to both curtail further humanitarian deterioration and the political ramifications of total state collapse.

In this context, UNDP, in partnership with the World Bank, developed the Yemen Emergency Crisis Response Project (ECRP) to step up current efforts of the international community to deliver critically needed livelihood support and service delivery to a population hit hard by the conflict. The project consists of 1,700 sub-projects. Two local institutions are the Implementing Parties (IPs): The Social Fund for Development (SFD) and the Public Works Project (PWP). SFD is responsible for implementation of labor intensive cash-for-work interventions (approx. 650) in all governorates of Yemen and small community infrastructure and initiatives (approx. 100); and PWP is responsible for the implementation of small community infrastructure through local contractors (approx. 1,000).

The project aims to mitigate the impact of the current crisis on local households and communities and assist their recovery from the bottom-up using local systems, capacities and institutions to progressively resume and scale-up service delivery. The project will achieve specific results in: 1) Increasing short-term employment and livelihoods opportunities; 2) Reviving the local private sector; 3) Restoring key service delivery through small-scale infrastructure. As such, the project contributes to the livelihoods restoration and service delivery restoration components of UNDP’s Yemen Resilience Programme. The Project’s Theory of Change assumes that if income-generation and livelihoods opportunities are increased for vulnerable households (including IDPs), with essential service delivery restored and key local businesses revived, Yemeni households and communities will be able to better cope with the impact of the current crisis and be strong drivers of the resilience-building and recovery efforts.

• Rationale

The human, social and economic costs of environmental hazards, occupational accidents, injuries and

diseases have long been cause for concern at all levels from the individual workplace to field interventions. Proper measures and policies prevent, control, reduce or eliminate occupational hazards and risks need to be in place and applied. In High risk contexts, such as Yemen, this is particularly important.

Because the ECRP is a UNDP project, UNDP’s Social and Environmental Standards must be applied (www.undp.org/ses). This includes provisions related to community health, safety and working conditions (see Standard 3), including the need to respect and promote workers rights and that project workers have safe and healthy working conditions to prevent accidents, injuries, and disease. Although the operational manuals of both the IPs have provisions on occupational and worker safety, and security and environmental protection, the increased trends of work related fatalities and injuries call for strengthened OHS guidelines, accountability mechanisms, and capacities within the context of the project.  

Following reporting of a fatality incident in one of the PWP projects, a capacity assessment of PWP was conducted by a Third-Party Monitoring Agent (TPMA) with the support of UNDP. The assessment highlighted the need to strengthen internal capacity and management systems of PWP to handle occupational safety and security issues.  Similarly, alarming work-related fatality incidents have been reporting from SFD calling for revision of the existing policies and guidelines to help reduce the number of workplace accidents, injuries, illnesses and deaths. This will contribute in bringing numerous benefits to IPs, key actors, local communities and the vulnerable people engaged in the projects through improved OSH.

The efforts to strengthen application of labour standards and OHS safeguards is part of a wider effort to elaborate an Environmental and Social Management Framework for the project.

• Scope of Assignment and Tasks

Due to the nature of the ECRP, responding to the emergency situation in Yemen, this work will be conducted on an accelerated basis focussing on priority risks and recognizing that not all information may be available and that the labour management and OHS framework will need to be revisited in the future.

The objectives of the assignment will be to: 1) conduct a gap analysis of the labour standards and OHS systems in place in the project, defining the legal boundaries between UNDP, the Government and the IPs in the current crisis context, 2) develop a labour management and OHS framework for the ECRP that outlines key labour and OHS requirements and accountability mechanisms for all partners, and 3) address gaps by revising IP operation manuals, checklists, and training IP and building their institutional capacity to implement labour standards, particularly OHS procedures. To achieve this, the consultant will conduct the following activities:

·         Collect and review relevant requirements related to labour and OHS, including those found in national policies and regulations, guidelines, ILO standards, World Bank standards, UNDP’s SES and other internationally recognized standards.

·         Review IPs and related policies to identify potential gaps or areas that could be strengthened further in regard to labour and OHS. The review will include key labour management and OHS and legal mechanisms including the operational manual and the Labour-Intensive Work Program Operational Manual of SFD and operational manual and safety measures of PWP.

·         Assess the organizational structures in place and assess gaps in accountability and enforcement of labour management and OHS practices within the different divisions and management levels of the IPs including identifying roles and responsibilities of the IP and third-party contractors.

·         Reach out to key stakeholders such as contractors, and project workers and beneficiaries to get inputs on labour and OHS issues, concerns, gaps in implementation, and solutions based on lessons learned in the field

·         Review and assess the current injuries recorded, management responses, reporting mechanisms and systems, roles and responsibilities of relevant actors at all management levels including third-party contractors, branch offices and headquarter levels

·         Assess gaps of UNDP Country Office capacity to monitor the labour management and OHS system within IP and make recommendations for improvement of this system, in close collaboration with UNDP CO SES focal point and UNDP Headquarters.  

Based on the results of this rapid review and gap analysis the consultant will:

·         Develop a labour management and OHS Framework for the ECRP, summarizing key labour and OHS requirements and management measures/mechanisms, reporting requirements and accountability mechanisms, and legal provisions related to the division of roles and responsibilities and rights and obligations between UNDP and the IP

·         Propose revisions to IPs labour and OHS related policies and operation manuals for the IPs to address any gaps, including development of OHS related checklist(s).

·         Prepare training material and schedule workshops to conduct capacity building for IPs staff

·         Conduct personalized training for key staff within IPs based on the assessment of key roles and responsibilities within the OHS management system.

·         Build the capacity of key UNDP CO staff to monitor the application of the improved IP labour management and OHS system in place has and instructional arrangements required for effective application of the improved safeguard systems.

• Methodology

The assignment will be mainly homebased and will include desk review of relevant documentations, data collections using different methodologies, group discussions and consultations with the relevant and key actors within the project and its IPs. The consultant will also be in charge of conducting trainings. The finding will also be validated with relevant actors. Teleconferences will be used as needed.

Duties and Responsibilities

1. Expected outputs and Deliverables:

- ECRP Labour Management and OHS Framework including the labour management and OHS guidelines, procedures and requirements to be applied in the context of the ECRP by all parties. It should consider existing policies, regulations and codes in place and address gaps;

- Updated Operation Manuals and related policies of the IPs to address gaps;

- Capacity development of the IPs, UNDP CO, and third-party monitors to implement the Labour Management and OHS Framework

      2.  Institutional Arrangement:

- The Project Manager of the ECRP, is the focal point for the assignment and responsible for day-to-day questions and management of the assignment;

     3.   Consultancy Duration:

-The consultancy will be required to finalize the consultancy services within a period of three months and must include:

• An inception meeting with key stakeholders to present and agree on the consultancy framework, methodology, and roles of the two consultants (3 working days within the first week);
• A validation meeting with the ERRU, ECRP and its IPs, and key stakeholders to present the Labour Management and OHS Framework and finalize (20 working days within the first month and half);
• Training of the IPs, UNDP CO, and third-party monitors to implement the Labour Management and OHS Framework (10 working days within the third month);

    4.  Composition and Competencies of Consultancy Team:

The international consultant will be supported by a national consultant.  The International consultant will be the lead Consultant and will provides leadership for the overall consultancy and provide technical guidance and coordinate the work of the national consultant. The lead consultant will be responsible for final production and quality of the assignment deliverables;

   5.  Payments and Time Schedules:

     -   Payment shall be provided upon satisfactory completion of the deliverables as per the payment schedules;

     -   Payment requests submitted by the consultant must be certified by the supervisor;

     -   30% first payment upon completion of inception phase, 30 % upon organization of validation consultation and 40% upon submission and clearance of the final deliverables;

Competencies

Functional Competencies:

• Demonstrated ability of analytical and drafting work;
• Familiarity with computers and word processing (WORD, EXCEL, Power Point);
• Fluency in English language;
• Consistently approaches work with energy and a positive, constructive attitude;
• Ability to work under pressure and to meet deadlines;
•  Demonstrates excellent oral and written communication skills;
•  Demonstrates openness to change and ability to manage complexities;
• Self-reliant and able to work as a part of a multi-cultural team in a stressful environment;

Core Competencies:

• Demonstrating/safeguarding ethics and integrity;
• Demonstrate corporate knowledge and sound judgment;
• Self-development, initiative-taking;
• Acting as a team player and facilitating team work;
• Facilitating and encouraging open communication in the team, communicating effectively;
• Learning and sharing knowledge and encourage the learning of others. Promoting learning and knowledge management/sharing is the responsibility of each staff member;

Corporate Competencies:

• Demonstrates integrity by modelling the UN’s values and ethical standards;
• Promotes the vision, mission, and strategic goals of UNDP;
• Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability;
• Ability to work with a multi-cultural and diverse team;
•  Demonstrating/safeguarding ethics and integrity;

Required Skills and Experience

Education and Experience:

• Advanced University degree (Masters or above) in relevant areas such as public administration, legal studies, development studies or related social science fields;
• Over 10 years practical experience, knowledge and expertise in labour standards, and occupational health and safety systems;
• Knowledge of latest developments in occupational health and safety;
• Familiarity with social and environmental safeguards procedures and guidelines;
• Related experience with multi-stakeholder initiatives and labour-intensive operations;
• Sound understanding of developmental strategies, particularly focusing on labour intensive interventions, community empowerment and participation;
• Experience with UNDP’s Social and Environmental Standards an advantage;

Language:  English 

• Recommended Presentation of Offer:

Documents to be included when submitting the Proposal: Interested consultant must submit the following documents/information to demonstrate their qualifications and interest.

A.      Technical Proposal: (which will include the following):

•  Duly accomplished Letter of Confirmation of Interest and Availability using the template provided by UNDP;
•   Personal CV including past experience in similar projects and at least 3 references;
• UN P11 Form (“CV Form”) ;
• A brief Methodology on how the candidate will approach and conduct the work. (The consultant is asked in his/her offer submission in the methodologies section to bring the description of the above-mentioned points;

B. Financial proposal:

The applicants requested to submit lump-sum and the Financial Proposal that indicates the all-inclusive fixed total contract price, supported by a breakdown of costs, as per template provided (please see attached breakdown template).

• Proposal Evaluation Criteria:

The award will be based on the Combined Scoring method 70% technical evaluation and 30% financial evaluation (highest ranked candidate).

Technical proposal 70%

Financial evaluation: 30 %: