Whistleblowing Policy Statements

BACTERIA FREE WATER ENGINEERING (M) SDN BHD., is committed to the highest standard of integrity, openness and accountability in the conduct of its businesses and operations. It aspires to conduct its affairs in an ethical, responsible and transparent manner.

Disclosure of an Unethical Conduct and Malpractice

BACFREE provides avenue for all employees of BACFREE and members of the public to disclose any improper conduct within BACFREE.

Making a Report

Any parties can report a whistleblowing complaint on any wrongdoings that they may observe and experience as following:

1. Fraud;
2. Abuse of Power;
3. Conflict of Interest;
4. Misuse of Company's Property;
5. Bribery;
6. Theft or embezzlement;
7. Non-Compliance with Procedure;

Whistleblowers who come forward in good faith with information on actual or potential improper conduct are protected under the Whistleblower Protection Act 2010.

This Act requires the authorities receiving the complaint to protect the whistleblowers' identities, provide them with immunity from civil and criminal proceedings, and protect them from detrimental action.

OBJECTIVE

Bacteria Free Water Engineering (M) Sdn Bhd (“BACFREE” or “the Company”) is committed to conduct the Company’s business with the highest level of corporate ethics and embed culture of transparency and accountability into day-to-day business operations.

This policy and procedure on whistleblowing (“Policy”) is to provide a formal avenue for all employees of the Company, business associates and external stakeholders to report any Concerns (defined herein) which may adversely impact the Company in accordance with the procedures as provided for under this Policy and to provide protection for the whistle-blower(s) who reports such allegations (“Whistle-blower”).

This Policy is designed to facilitate reporting mechanism of any genuine concerns, malpractices or criminal offences against any employee and director within the Company through the channels as detailed in Section 6.1 of this Policy. An employee of the Company and shall include contract staff, consultants, temporary employees and interns (“Employee”). Such concerns, malpractices or criminal offences include (but not limited to) the following:

1. occupational / financial reporting fraud;
2. any form of corruption activities;
3. abuse of power;
4. serious conflict of interest;
5. theft or embezzlement;
6. gross misuse of Company’s property; and
7. Serious non-compliance with legal/ regulatory requirements, policies and procedures.(Collectively known as “Concerns”)

Confidentiality and Anonymity

• Reasonable steps will be taken to maintain the confidentiality of the Whistleblower and report made by the Whistleblower, unless:-

  • the Whistleblower expressly agrees otherwise, and provides his agreement in writing; or
  • otherwise required by law.

• The Whistleblower or any person who is involved in the investigation process, shall not disseminate to third parties information regarding the Concerns or any part thereof, including the status or outcome of an investigation into it, except:

  • to those who are authorised under this Policy;
  • by lodging a report with an enforcement agency in accordance with any law;
  • if required by law; and
  • on a strictly confidential basis to a professionally qualified lawyer for the purpose of obtaining legal advice.

• The Whistleblower shall not:

  • contact the suspected individual to determine facts or demand restitution; and
  • discuss the case, facts, suspicions, or allegations with anyone except to assist in the investigations

Reporting in Good Faith

Reporting in good faith requires an allegation of any Concerns, at a minimum level, to be based on factual, reasonable and probable grounds as well as made for the best interest of the Company instead of personal motive. The Whistleblower is responsible to ensure that the disclosure is made in good faith and free from malicious intent. In addition, any disclosure, which is found to be frivolous or vexatious, will not be entertained.

Any Whistleblower who has not acted in good faith shall not be eligible for any protection under this Policy. In addition, an employee within the Company will be subject to disciplinary action (which may include termination of employment) if his/her allegation is proven to have been made without good faith.

Protection

This Policy offers protection within limits of the law and to the extent reasonably practicable to the Whistleblower who submit the reports internally in good faith, even if the allegations have subsequently been proven to be unfounded or mistaken. In addition, a whistleblower will also be protected against any adverse and detrimental actions for disclosing any improper conduct committed or about to be committed within the organisation, to the extent reasonably practicable, provided that the disclosure is made in good faith.

Retaliation against a whistleblower could be in the form of threats of physical harm or adverse employment action such as termination, compensation decreases, or poor work assignments. Any whistleblower who believes he / she is being retaliated against must contact the Head of Human Resources Department immediately. The right of a whistleblower for protection against retaliation does not include immunity for any personal wrongdoing that is alleged and investigated.

Anonymous Allegations

Although anonymous allegations are not encouraged due to difficulty in verifying the facts or obtaining further evidence may affect the investigation process, the Company may consider investigating an anonymous allegation after having considered, amongst others, the following:

1. the seriousness of the concern;
2. the credibility of the concern; and
3. the likelihood of confirming the concern from credible sources.

Procedures

1. Process for Disclosure

   1. Scope
      

      This section covers the reporting of any Concerns by a whistleblower in a timely manner

   2. Reporting
      

      A whistleblower who wishes to report any Concerns is to submit a report together with any supporting evidence in the form of letter/ documents/ reports through either of the following channels as stated below:

      a) Email to whilstleblowing@bacfree.com.my. The email will be re-directed to:

      • Chairman of ESG Committee
      • Chairman of Bacteria Free Water Engineering (M) Sdn Bhd

      Submit in a sealed envelope (with the words “STRICTLY PRIVATE AND CONFIDENTIAL” as well as “TO BE OPENED BY THE ADDRESSEE ONLY”) and addressed to:

      
      

      Chairman of ESG Committee / Chairman of Bacteria Free Water Engineering (M) Sdn Bhd
      Bacteria Free Water Engineering (M) Sdn Bhd
      No 7, Jalan SS 13/3F,
      Subang Jaya Industrial Estate
      47500 Selangor D.E.
      Malaysia

      
      

      If the whistleblower, either from an internal or external source makes a report through a third party, i.e., Senior Management who may be the Managing Director, Director, Technical Director, General Manager or any other employee, it is the responsibility of the third party to escalate the report to the right channel as mentioned in (a) or (b) above.

   3. Handling of a reported allegation
      

      All reports of misconduct, findings of investigations and monitoring and corrective actions shall be centralized and logged in a log administered and monitored by the Board of Directors. The Board shall be informed of any new reports of misconduct and may request to review the log at any time.

      Upon the completion of the whistleblowing process and procedures, the whistleblower will be accorded the privilege to be notified on the outcome of the disclosure.

2. Investigator

   The ESG legal team shall be the named Investigator unless the Chairman of ESG Committee assigns / appoints another Investigator. An Investigator must be impartial and independent of all parties concerned.

   The Investigator is required to report all concerns raised, the status of all pending and on-going investigations, and any actions taken or to be taken as a result of the investigations, to the Chairman of ESG Committee.

3. Inquiries

   Preliminary inquiries will be made to determine whether an investigation is appropriate, and the form that it should take. Some concerns may be resolved without the need for investigation.

   If an investigation leads the Investigator to conclude that a crime has probably been committed, the results of the investigation shall be reported to the police or other appropriate law enforcement agency.

   If an investigation leads the Investigator to conclude that the suspect has engaged in conduct that may be a violation of the Company’s Code of Anti Bribery and Corruption Policy, the results of the investigation shall be reported to the above-mentioned parties accordingly for the next course of action by the relevant party. Any charges of misconduct brought as a result of an investigation under this policy shall comply with established disciplinary procedures.

Policy Matters

This Policy is published on the Company’s website and made available for all internal and external stakeholders.

Monitoring and Periodic Review of Policy

The Company is to diligently monitor whistleblowing policy and procedures disclosed herein to ensure that they meet the objectives of relevant legislations and remain effective for the Company; and, if necessary, implement changes subject to the approval of the Board of Directors. This policy will be reviewed periodically and may be amended as it deems appropriate to ensure its relevance and effectiveness.

REFERENCE / ABBREVIATIONS

1. SIRIM 55
2. Malaysian Anti-Corruption Commission Act 2009
3. Whistleblowing Policy #ESG-PO-06

ATTACHMENT

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RECORDS

• Email
• letter