Overview
Under the LkSG, you must take preventive and remedial measures in certain cases. In the Tacto App, you create them as Tasks.
What this means in practice:
Preventive measures are needed for suppliers that still have a medium or high risk after the risk analysis – from contractual assurances to training.
Remedial measures are needed for suppliers with a known legal violation ("Red flag") – depending on the severity, for example corrective action, increased monitoring or, in serious cases, ending the business relationship.
This is step 3 of 4. Before: (2/4) Performing the risk analysis. Next: (4/4) Documentation.
Note: Table views and Task templates are configured per customer. The names mentioned here describe Tacto's standard configuration – your configuration may differ.
How it works
The overview shows the two supplier groups that require measures:
Suppliers with remaining risk: still medium or high risk after the risk analysis → preventive measures
Red flag suppliers: known legal violation → remedial measures without delay
Preventive measures
Definition
Preventive measures help you prevent human rights and environmental risks. If you identify a risk in the risk analysis, you must take appropriate preventive measures without delay (Section 6 LkSG).
Preventive measures towards direct suppliers
Section 6 (4) LkSG lists – not exhaustively – the following appropriate preventive measures:
You take human rights and environmental expectations into account when selecting a direct supplier.
The direct supplier contractually assures compliance with the human rights and environmental expectations required by your management and to address them appropriately along the supply chain.
You carry out training and further education to enforce the contractual assurances.
You agree appropriate contractual control mechanisms and carry out risk-based checks.
Which measures are most effective depends on the individual case. Use the findings from the risk analysis to select them and address the risks in order of the severity of their impact.
How to create preventive measures
Open the "Suspicious suppliers" table view. It shows the concrete ESG scores, including those of suppliers that still show a medium or high risk after the risk analysis. You initiate preventive measures for them.
Open the supplier's profile, go to the Tasks tab and click Create Task.
Select one of the Task templates provided by Tacto or create your own measure tailored to the supplier's situation.
Set the Due date and Assignee and save with Create Task.
Remedial measures
Definition
If you determine that a violation of human rights or environmental obligations has already occurred or is imminent at a direct supplier, you must take appropriate remedial measures without delay (Section 7 LkSG).
The aim is to prevent or end the violation or to minimise its extent.
If the violation cannot be ended in the foreseeable future, you draw up and implement a concept with a specific timetable without delay.
Developing remedial measures
The LkSG recognises that in most cases you cannot intervene extensively in your direct supplier's business and therefore imposes no formal requirements on the remediation concept. The most effective measure depends on the individual case: on the concerns violated, your contribution to causation, your influence on the supplier, the severity and reversibility of the violation, the number of people affected and the type of legal position violated.
When selecting measures, rely primarily on the findings from the concrete or ad hoc risk analysis.
How to create remedial measures
Open the "Suspicious suppliers" table view. It shows the concrete ESG scores, including those of suppliers with a known legal violation from the prior knowledge ("Red flag"). You initiate remedial measures for them.
Open the supplier's profile, go to the Tasks tab and click Create Task.
Select one of the Task templates provided by Tacto or create your own measure tailored to the supplier's situation.
Set the Due date and Assignee and save with Create Task.
Next steps
Determine who in your company manages the measures.
Identify and implement the measures after the risk analysis.
Document the results: (4/4) Documentation.