Complaints procedure at BOMAG.

Whistleblower system.

An integral part of our commitment to consistently deliver excellent performance is that we do not tolerate misconduct and rule violations and address them as quickly as possible upon discovery. With the BOMAG Whistleblower System, we offer our employees, business partners, customers, and third parties the opportunity to securely report rule violations within the BOMAG Group companies.

The BOMAG Whistleblower Channel can be used to submit reports concerning legal positions protected by the German Supply Chain Due Diligence Act. Possible violations of laws or internal guidelines that fall under the German Whistleblower Protection Act or other national regulations implementing the EU Whistleblower Directive can also be reported.

Reportable violations include those:
 

  • committed by employees of the BOMAG Group in the course of their duties for BOMAG;
  • committed by suppliers and service providers in BOMAG's supply chain.

We responsibly follow up on all incoming reports. Whistleblowers will not suffer any disadvantages from making a report. Reports can be made in multiple languages and, if desired, anonymously.

Please note that the whistleblower system is not intended for general complaints. If you are dissatisfied with BOMAG's products or services, please contact your respective company representative.

 

Whistleblowers can submit their reports via an internet-based reporting portal:

Report here

Alternatively, whistleblowers can submit their report in person, by telephone, by letter or by e-mail to
 
Fayat Bomag GmbH & Co. Unternehmensführung KG
Compliance
Hellerwald
56154 Boppard
Deutschland
Email: compliance@bomag.com
Telephone: +49 6742 100 9271

What can I report?

Facts relating to a BOMAG company and subject to the scope of the Whistleblower Protection Act or other relevant laws can be reported. This includes, in particular, the following violations in the context of an occupational, entrepreneurial or official activity:
 

  • Criminal offenses (e.g., corruption, fraud, theft, embezzlement, coercion, discrimination, etc.),
  • Administrative offenses subject to fines that violate provisions aiming at the protection of life, body, or health, or the rights of employees or their representations,
  • Violations of laws combating money laundering and terrorism financing,
  • Violations of product safety and conformity,
  • Violations of traffic safety,
  • Environmental violations,
  • Violations of consumer protection,
  • Violations of privacy, data protection, and information security,
  • Misconduct regarding proper accounting, internal accounting controls, auditing, and financial reporting,
  • Offenses related to public contracts,
  • Tax violations.

 

The mere suspicion of relevant violations can already be reported. Even if the information turns out to be unfounded in retrospect, whistleblowers are not threatened with any disadvantages. However, deliberate false reports are not subject to whistleblower protection and may oblige the whistleblower to pay damages.

Matters not covered by the scope of the German Whistleblower Protection Act or other relevant laws are not in scope and will therefore not normally be pursued.

The whistleblower system is not suitable for reporting emergencies.

How does a report work?

Describe the facts as precisely as possible. Name the BOMAG company affected, the area and the persons involved, as well as the time and place of the event. If possible, also include documents such as pictures, emails, etc. that support your allegations. It is your decision what data you provide and whether you want to remain anonymous.

Within seven days of receiving your report, you will receive a confirmation of receipt, provided that you have left contact details. Within another three months, you will receive feedback on the further handling of your report and the measures taken. Please note that in providing this feedback, we must ensure that any ongoing internal investigations are not jeopardised and the rights of third parties are not impaired.

How is my data protected?

Reports can generally be submitted anonymously. If a report is submitted anonymously, no data is recorded that would allow conclusions about the identity of the whistleblower. If the whistleblower themselves provides information that could reveal their identity when submitting a report anonymously, this information will be treated confidentially.

The confidentiality of personal data and other information that allows conclusions to be drawn about the identity of the whistleblower is ensured for any submitted report. Only the responsible case manager and the person in charge of assigning the reports can view a report.

What protection do I have as a whistleblower?

Whistleblowers are legally protected if, at the time of the report, they have reasonable grounds to believe that the information they are reporting is accurate. Deliberate false reports are therefore excluded from whistleblower protection and may result in liability for damages for the whistleblower.

To be protected, the report must concern a matter that falls under the German Whistleblower Protection Act or other relevant laws, particularly criminal offenses and serious administrative offenses in the course of an occupational, entrepreneurial or official activity. The report must also relate to a BOMAG company.

In these cases, whistleblowers must not suffer disadvantages under employment law, even if a reported suspicion subsequently turns out to be unfounded, provided there was no deliberate false report.

How can I submit a report?

There are various reporting channels available to you: You can submit your report in person, via the internet-based reporting portal, by telephone, by e-mail or by letter.

Who can I contact if I have questions?

If you have any questions, please choose one of the following contact options:


Email:          compliance@bomag.com

Telephone:  +49 6742 100 9271

Postal:        Fayat Bomag GmbH & Co. Unternehmensführungs KG
                    Compliance
                    Hellerwald
                    56154 Boppard
                    Germany

Who can act as a whistleblower according to the German Supply Chain Act?

Disclosures can be reported by all persons who have become aware of human rights and environmental risks and violations of human rights or environmental obligations in connection with BOMAG's activities (hereinafter referred to as ‘whistleblowers’). In particular, this includes persons affected by human rights and environmental risks or persons affected and impacted by violations of human rights or environmental obligations, such as BOMAG employees (employees, vocational training employees, temporary workers and persons who are to be regarded as equivalent to employees due to their economic independence).

In addition, whistleblower reports can be made by third parties who have any kind of relationship or contact with BOMAG and observe a violation or irregularity, including, for example, freelancers, employees and employees of (sub)contractors, suppliers, business partners and customers. BOMAG's business partners are encouraged to inform their employees, as potentially affected parties, about BOMAG's complaints system.

External persons who are not directly affected and who do not (yet) have a relationship (or no longer have a relationship) with BOMAG or its direct and indirect suppliers may also use the complaint’s system for the purposes mentioned.

What can I report?

All circumstances falling within the scope of the German Supply Chain Due Diligence Act can be reported, provided that the whistleblower's report serves the disclosure of human rights and environmental risks, as well as the clarification, minimisation, and termination of violations of human rights or environmental obligations.

Human rights risks refer to conditions where, based on actual circumstances, there is a reasonable probability of a violation of any of the following prohibitions:
 

  • Prohibition of child labour, forced labour, slavery,
  • Prohibition of disregarding occupational health and safety and freedom of association,
  • Prohibition of discrimination,
  • Prohibition of withholding adequate wages,
  • Causing harmful soil alteration, water pollution, air pollution, harmful noise emission, or excessive water consumption,
  • Prohibition of unlawful forced evictions and the unlawful withdrawal of land, forests, and waters securing a person's livelihood,
  • Prohibition of commissioning or using private or public security forces when their deployment violates, disregards, or impairs legal prohibitions due to lack of instruction or control by the company,
  • Prohibition of actions or omissions beyond these alternatives, which are directly capable of significantly affecting a protected legal position in a particularly serious manner and whose unlawfulness is obvious upon a reasonable assessment of all relevant circumstances.


A violation of any of the aforementioned prohibitions constitutes a violation of a human rights-related obligation within the meaning of the German Supply Chain Due Diligence Act.

Environmental risks refer to conditions where, based on actual circumstances, there is a reasonable probability of violating any of the following prohibitions:
 

  • Prohibition of manufacturing products containing mercury, using mercury and mercury compounds in manufacturing processes, and treating mercury waste contrary to the provisions of the relevant conventions,
  • Prohibition of producing and using chemicals contrary to the provisions of the relevant conventions,
  • Prohibition of handling, collecting, storing, and disposing of waste in an environmentally unsound manner according to the rules of the relevant conventions,
  • Prohibition of the export and import of hazardous waste and other wastes as defined by the relevant conventions and European regulations.
     

The violation of any of the aforementioned prohibitions constitutes a violation of an environmental obligation within the meaning of the German Supply Chain Due Diligence Act.

Reports of mere suspicions are permitted if the whistleblower has reasonable grounds to believe that the reported information is accurate and that this information concerns a reportable matter. Intentional false reports, however, can be penalised.

It is not necessary for the whistleblower to have definite knowledge or evidence of the suspicion. A suspicion is sufficient for submitting a whistleblower report, if sufficient factual indications regarding relevant violations or risks are evident to the whistleblower.

How do I submit a report?

Whistleblowers can submit their reports via an internet-based reporting portal:

Report here

Will my report be treated confidentially?

The confidential treatment of all reports and data by the responsible case managers is ensured at all times during each process step. This particularly concerns the identity and personal data of the whistleblower and the person(s) affected by the report. Only designated, authorised persons committed to handling the matter confidentially have access to incoming whistleblower reports and information on the processing of whistleblower reports or follow-up measures.

If the whistleblower report does not concern BOMAG but another company within the BOMAG-Group or another organisational unit, the company may disclose the contents of the whistleblower report and the results of further clarification of the matter to this company or organisational unit for further processing of the whistleblower report.

Who can I contact if I have any questions?

You can choose from the following contact options:
 

Email:          compliance@bomag.com

Telephone:  +49 6742100 9271

Postal:         Fayat Bomag GmbH & Co. Unternehmensführungs KG
                     Compliance
                     Hellerwald
                     56154 Boppard
                     Germany