Significance
Importance To Berry Global and our Stakeholders
Ethical business practices are the cornerstone of responsible business conduct. By conducting business ethically, we help mitigate risks, foster a thriving work environment, and attract high-caliber talent, safeguarding our reputation and underpinning our company's long-term viability and financial stability.
Furthermore, by adhering to ethical and environmental regulations, we demonstrate our dedication to sustainable development, social responsibility, and environmental progress while eliminating non-compliance risks, financial penalties, legal repercussions, and reputational harm.
Our Customers: Customers value businesses that demonstrate integrity and environmental responsibility, which is why we are committed to driving long-term sustainability across all aspects of our business through our robust ethics and compliance program.
Our Investors: We are expected to uphold the highest ethical standards and comply with environmental regulations so as not to damage the value of our business.
Our Approach
Building an ethical culture is a differentiator–whether retaining top talent, becoming a destination workplace, being agile, demonstrating resiliency or satisfying our customers. Berry believes companies that do the right thing for the right reasons will outperform their peers. Therefore, as an organization committed to growing organically, we have placed the highest emphasis on building a OneBerry ethical culture and maintaining ethical and environmental compliance. Our Global Ethics & Compliance program protects our people, assets, partners, brand, and reputation by promoting an ethical culture, providing tools to do the right thing, creating a positive, safe, and inclusive work environment, and ensuring adherence to all local laws and regulations. Learn more about our ethics and compliance policies.
We are committed to ensuring a safe, ethical, inclusive, and rewarding work environment for every employee and partner. We have four key values: Partnerships, Excellence, Growth, and Safety, and we believe ethics and compliance is about making our values come to life. These values embody our policies and procedures, inform our decision-making process, protect our industry-leading reputation, and are the foundation for our ethical culture.
Partnerships: We recognize the importance of strong, sustainable partnerships throughout all aspects of our business – we view our employees, customers, suppliers, and communities as our partners.
Excellence: We pursue excellence in all that we do by optimizing our processes, enhancing our sustainability initiatives, and providing the highest quality products and services to our customers. We believe in providing continuous training and development for our employees so that we can deliver excellence to our customers.
Growth: Strategic growth is imperative for our business. Growth comes in many forms– financial growth, customer growth, employee growth and development, product growth and innovation, and the global growth of Berry.
Safety: This is our number one value. We relentlessly pursue safety in all we do. We maintain high standards to ensure our facilities are safe and environmentally conscious.
Our Values help guide our behaviors of remaining United, Focused, Agile, and Accountable, which reflect the way that we act as a company, as employees, and as community partners.
United: We operate as a team – One Berry. We understand the importance of diversity in our team members and appreciate the unique talents and perspectives that each of us brings to our organization.
Focused: We have a clear focus on creating a strong future for all our stakeholders - our company, our customers, our employees, our shareholders, and the communities in which we operate.
Agile: We move in a quick and intentional manner. We encourage our team members to be action-oriented and to deliver the best service for our customers. This will allow us to advance our performance, products, services, and culture.
Accountable: We know that our success is driven by our ability to honor the commitments we make. We will conduct our business with integrity and in accordance with the highest ethical, moral, and legal standards.
Highlights and Target Progress
| Target | 2023 Progress |
| To promote a Speak Up culture, decrease the rate of anonymous Ethics Helpline reports each year. |
In 2023, the rate of anonymous Ethics Helpline reports increased by 9% which is comparable, although slightly larger, to the 6% increase for organizations across all industries. We will continue to strengthen and promote our Speak Up culture and non-retaliation commitment to reduce this rate. |
| 100% of employees to complete Global Code of Ethics training | We had a greater than 98% Global Code of Ethics training completion rate in 2023. |
Key Metrics
The below metrics are based on Berry's fiscal years unless otherwise noted.
|
Ethics and Compliance |
||||||
| 2023 | ||||||
| Ethics Helpline | Total Reports | Anonymity Rate (%)¹ | Average days to close | |||
| Ethics Helpline Process | 301 |
71% | 24 | |||
| Compliance Training (Full Time Employees) | Participants | Completions | Completion Hours | |||
| Total Assigned Compliance | 28,673 | 78,418 | 27,090 | |||
| Courses Completed | Completion % | Completion Hours | ||||
| Compliance Short: Antitrust | 9,605 | 98.7% | 1,154 | |||
| Compliance Short: Anti-bribery | 9,609 |
98.8% |
1,170 |
|||
| Compliance Short: Insider Trading | 9,580 |
98.7% | 1,586 |
|||
| Compliance Short: GDPR | 9,579 | 98.7% | 1,222 | |||
| Cybersecurity Awareness Training | 11,826 | 99.7% | 10,145 | |||
| Global Code of Business Ethics Training | 28,219 | 98.4% | 11,813 |
|||
| Compliance Training (Part Time Employees/Contractors) |
Participants | Completions | Completion Hours | |||
| Total Assigned Compliance | 893 | 2,309 | 771 |
|||
| Courses Completed | Completion % | Completion Hours | ||||
| Compliance Short: Antitrust | 292 | 96.7% | 33 | |||
| Compliance Short: Anti-bribery | 292 |
96.7% |
33 |
|||
| Compliance Short: Insider Trading | 289 |
96.7% |
46 |
|||
| Compliance Short: GDPR | 290 |
97.0% |
36 |
|||
| Cybersecurity Awareness Training | 331 |
99.7% |
269 |
|||
| Global Code of Business Ethics Training | 815 |
91.3% |
354 |
|||
| Code of Conduct |
Percentage of Employees | |||||
| Berry Code of Conduct Acknowledgement | 98% | |||||
|
Environmental Compliance |
||||||
| 2021 | 2022 | 2023 | ||||
| Environmental Auditing | Number of Facility environmental audits completed by Division | |||||
| Consumer Packaging International (CPI) | 6 |
7 |
50 |
|||
| Consumer Packaging North America (CPNA) | 6 |
7 |
7 | |||
| Flexibles | 5 |
8 |
7 |
|||
| Health, Hygiene & Specialties (HHS) | 6 |
7 |
6 |
|||
| Berry Global Total | 23 | 29 | 70 |
|||
| Environmental Management Systems | Number and Percentage of Facilities holding Environmental Certification | |||||
| Total | Percentage | Total | Percentage | Total | Percentage | |
| ISO 14001 | 76 |
27% | 77 | 29% | 70 | 29% |
| ISO 50001 | 40 |
14% | 46 | 17% | 41 | 17% |
| Environmental Sanctions | Significant Fines and/or Non-Monetary Sanctions for Environmental Non-Compliance² | |||||
| Number of incidents | 0 | 0 | 1 |
|||
| Total Dollar ($) amount of fines | $0 | $0 | $17,500 | |||
| Number of incidents in relation to water withdrawals or wastewater discharge | 0 | 0 | 1 |
|||
| Total Dollar ($) amount of water-related fines | $0 | $0 | $17,500 | |||
2. Significant refers to fines and penalties greater than $10,000 USD (or equivalent when converted from local currency). Incidents are reported in the year in which the fines and/or sanctions are settled to avoid inaccurate figures being reported.
Key Strategies
Business Ethics
Berry has dedicated significant attention to building internal controls, training, and communication regarding anti-competitive behavior. We added to these efforts by rewriting our Global Competition Policy and updating the Fair Competition section of the Global Code of Business Ethics. Both values-based documents highlight the importance of acting with honesty, integrity, and transparency, supporting the identification of red flags, and providing guidance if a competitor attempts to discuss sensitive information.
To reinforce this message, we provide training on anti-competitive behavior, translated into key languages, for all office team members. While we have not had a confirmed case of anti-competitive behavior, we encourage our team members to Speak Up without fear of retaliation.
Oversight and Tone at the Top
The Ethics & Compliance Program is led by the Director of Ethics & Compliance who reports to the Chief Legal Officer and provides quarterly reports to the Audit Committee. The Audit Committee plays a critical role in overseeing the Ethics & Compliance Program, which includes being updated on compliance risks and the effectiveness of our program to mitigate those risks. We also have an Ethics Committee, which is a cross-functional team of leaders across the organization and around the globe that provides operational guidance to the program.
“By joining as One Berry, we have earned recognition as a global leader in our industry. As such, we all share in the responsibility to not only maintain this leading position, but in further strengthening it. In so doing, we will never compromise our Values, Brand, or Reputation to win business." – Kevin J Kwilinski, Chairman & CEO.
Global Code of Business Ethics
Our Global Code of Business Ethics is the foundation for our Ethics & Compliance Program. It applies to all team members around the globe, including our officers and directors. We have a clear expectation that all team members familiarize themselves with the Code. Our leaders carry additional responsibilities to not only understand the Code, but show how we put our Values into practice and recognize those who exhibit them.Our Code provides guidance to team members who confront situations where the right course of action is unclear. Its practicality is shown through red flags, checklists, and a decision-making framework. Most importantly, it offers a host of resources to seek guidance and Speak Up.
Beginning with our 2024 fiscal year, the Company’s Internal Audit program will include a process designed to drive improved understanding of, and compliance with, our Code. Sites will be selected for audit based on a weighting of quantitative and qualitative factors, with 100% of sites audited within a 4-year period.
Anti-Corruption
Berry’s commitment to preventing bribery and corruption is unwavering. We train our team members to understand that while bribery and corruption laws vary between countries, our commitment to doing business the right way, one consistent with our values, goes beyond any specific law or regulation. We follow all local laws and regulations, but some situations may require an even higher expectation from our team members.
Ethics Training and Communication
We are committed to providing a safe, ethical, inclusive, and rewarding work environment for every team member and partner. Through our ethics training and communication program, we strive to equip team members across all levels of our organization with the necessary resources and skills to make decisions of the highest ethical standards, conduct business according to legal regulations, and Speak Up without fear of retaliation. Team members are expected to complete their annual Code of Conduct training, along with any specific training that is applicable to their responsibilities. We send out regular Ethics Tips and provide FAQs to help with their decision-making. In all trainings and communications, we encourage anyone with a question to Speak Up and seek guidance.
This is accomplished through multi-media training, including Skillsoft’s suite of ethics, an eLearning program that engages team members in ethical decision-making processes across a variety of topics, including fair competition, insider trading, global anti-bribery, respect in the workplace (anti-harassment), cybersecurity, red flags, misconduct, and more.
Expanded Learning Opportunities
We also offer a variety of instructor-led ethics courses, including Anti-Bribery/Anti-Corruption, Ethical Leadership, and Ethical Business Practices. These sessions allow participants to ask real-time questions and receive feedback.
We will continue leveraging our train-the-trainer model to educate our workforce on the annual Global Code of Business Ethics. This program helps set a strong tone at the top by allowing trainees to hear key Ethics & Communication messages from their local leader. The eLearning program will also be expanding to include courses on Human Rights, Gifts & Entertainment, Conflicts of Interest, and Protecting Confidential Information.
Speaking Up
All Berry employees are expected to Speak Up when they have reason to believe someone violated, or may violate, our Global Code of Business Ethics. We do not expect the reporter to have all the information, but all concerns should be made in "good faith." There are many options to report concerns or seek guidance, including your Manager, Human Resources, Ethics & Compliance, and the Ethics Helpline.
Commitment to Non-Retaliation
Berry believes in creating a safe and positive work environment. All forms of retaliation against those who report a concern in good faith have no place here. We have zero-tolerance for those who retaliate against others as it harms the reporter and our culture of integrity. Leaders have an additional responsibility to create an open and inviting environment to raise concerns.
If you believe that you have been retaliated against, we encourage you to report your concern immediately. For more information, view our Non-Retaliation Policy.
Ethics Helpline
In FY23, companies across all industries experienced a significant increase in the number of helpline reports by approximately 15% along with a 6% increase to the rate of anonymous reporting. Our number of helpline reports also increased by this margin with a slightly larger increase (9%) in anonymous reporting. In response to this global trend facing all organizations, we remain committed to a culture and process where employees feel safe to identify when using the helpline to report a concern.
As part of this commitment, we continue to grow engagement with the Ethics Helpline by reinforcing our Speak Up culture where employees feel safe when raising a concern. This includes regular communications from company leaders that encourage reporting and reinforce our belief that speaking up brings value to our organization. In addition, our Non-Retaliation Policy will help ensure concerns reported through the helpline are escalated quickly, remain confidential, and are free from retaliation. This will provide greater visibility and confidence to our employees by offering reassurance that those who speak up can identify and trust they will be taken seriously without fear of reprisal.
While the number of helpline reports have increased, we continue to address reporting hesitancy through a streamlined process that addresses and closes reports in an average of 24 days. This is consistent with the average completion time recorded in Navex Global’s 2023 Hotline & Incident Management Benchmark Report.
Environmental Compliance
We have a responsibility to ensure all operations across our facilities conform to and comply with all local, regional, and global environmental regulations and eliminate instances of environmental-related non-compliance. Our environmental management program allows us to continually track, manage, and report our environmental performance, monitor environmental regulations to maintain compliance, and benchmark against the environmental goals in our Impact 2025 strategy.
Environmental Sanctions
To ensure the success of our environmental management program, we operate an Environmental Management System (EMS) across our business, conduct annual environmental audits, and clearly communicate our environmental commitments through our company-wide Environmental Management policy. In 2023 we had one fine for environmental non-compliance totaling $17,500. The site at which this incident occurred has since been closed and is no longer under Berry’s control.
Environmental Management Systems
Environmental Auditing
Environmental compliance audits allow us to identify areas for improvement, provide guidance for achieving better compliance, and advise on potential forthcoming changes in legislation. We developed and implemented a risk-based ranking method that requires facilities to receive environmental audits each fiscal year. During the EHS planning phase for the new fiscal year, a proposed list of facilities is developed with audit plans that help ensure minimal disruption to the operational process. Across 2023, internal and external environmental audits were completed across 70 of our facilities, up from 29 in 2022.
Disclosures
Contribution to the Sustainable Development Goals (SDGs)
By upholding business ethics, including treating our employees fairly and supporting their well-being, we foster sustainable economic growth and create opportunities for stable employment.
Responsible consumption and production can only be achieved through compliance with ethical business practices and environmental regulations. We integrate ethics and compliance into all aspects of our business to help ensure our operations are guided by the principles of sustainability.
Environmental compliance plays a crucial role in reducing pollution by ensuring environmental regulations are met. Through compliance, we mitigate our environmental impact and protect marine ecosystems.
We believe in conducting business in accordance with the highest ethical, moral, and legal standards, with due care, and in the best interest of our company, our employees, and our shareholders. This in turn fosters the growth of peaceful and inclusive societies with accountable and transparent institutions.
GRI and SASB Alignment
GRI 2-23 Policy Commitments
GRI 2-24 Embedding Policy Commitments
GRI 2-25 Processes to Remediate Negative Impacts
GRI 2-26 Mechanisms for Seeking Advice and Raising Concerns
GRI 2-27 Compliance Laws and Regulations
GRI 205(3-3) Anti-Corruption
GRI 205-1 Operations Assessed for Risks Relating to Corruption
GRI 205-2 Communication and Training About Anti-Corruption Policies and Procedures
GRI 205-3 Confirmed Incidents of Corruption and Actions Taken
GRI 206(3-3) Anti-Competitive Behavior
GRI 303-2 Management of Water Discharge-Related Impacts
GRI 307(3-3) Environmental Compliance
GRI 307-1 Non-Compliance Environmental Laws and Regulations
GRI 404(3-3) Training and Education
GRI 404-2 Programs for Upgrading Employee Skills and Transition Assistance Programs
GRI 406(3-3) Non-Discrimination
GRI 406-1 Incidents of Discrimination and Corrective Actions Taken
GRI 419(3-3) Socioeconomic Compliance
GRI 419-1 Non-Compliance Laws and Regulations in the Social and Economic Area
SASB RT-CP-140a.3 Number of Incidents of Non-Compliance Associated with Water Quality Permits, Standards, and Regulations
Last updated: December 14th 2023