(Last amendment on July 14, 2011)
5.1 Internal Commission on Accident Prevention (CIPA) aims to prevent work-related accidents and diseases to make the work permanently compatible with the preservation of life and the promotion of workers’ health.
5.2 Public and private companies, mixed economy companies, bodies of direct and indirect administration, charities, recreational associations, cooperatives, as well as other institutions that admit workers as employees.
5.3 The provisions contained in this NR is applied, as appropriate, to the temporary workers and entities that pay them for the services, observing the provisions laid down in Regulatory Standards of specific economic sectors.
5.4 (Repealed by Ordinance SIT no 247, in July 12, 2011)
5.5 The companies located in a commercial and industrial center will establish integration mechanisms, through members of CIPA or designated personnel, to promote the development of preventive actions against accidents and illnesses that may arise from shared facilities and environments, including the participation of administration thereof.
5.6 CIPA will be composed of the employer and employee representatives, in accordance with the sizing provided in Table I, except for the changes governed in normative acts for specific economic sectors.
5.6.1 The employee representatives, members and their alternates, shall be appointed by employees.
5.6.2 The employee representatives, members and their alternates, shall be elected by secret ballot among solely interested employees regardless of the union membership.
5.6.3 The number of full and alternate members of CIPA, considering the descending order of received votes, shall observe the sizing laid down in Table I, except for the changes governed by normative acts for specific economic sectors.
5.6.4 When the establishment does not fall within Table I, the company shall appoint an officer responsible for meeting the objectives of this NR. Mechanisms for employee participation can be adopted through collective bargaining.
5.7 The mandate of the elected members of the CIPA shall last for one year, allowing to reelection.
5.8 It is forbidden to dismiss the elected employees arbitrarily or without good cause from directive position of Internal Commission on Accident Prevention since the registration of their candidacy is up to one year after the end of this mandate.
5.9 The conditions shall be guaranteed to the members of CIPA that their regular activities in the company would not be mis-characterized. It is forbidden to transfer the members to another establishment without their consent, except as provided in the first and second paragraphs of article 469 of the CLT.
5.10 The employer shall ensure that the appointees have the necessary representation for discussion and referral of solutions for health and safety issues discussed in CIPA.
5.11 The employer shall designate a President of CIPA, and employee representatives shall choose a Vice-President among themselves.
5.12 Elected and appointed CIPA members shall swear on the first working day after the end of the previous mandate.
5.13 A secretary and its alternate will be indicated among the members by common accord with the members of CIPA, in which case the consent of the employer is required.
5.14 The documentation relating to the electoral process of CIPA, including the minutes of the election and inauguration, and the annual calendar of ordinary meetings, shall be put at disposal of the oversight of the Ministry of Labor and Employment.
5.14.1 The documentation mentioned in item 5.14 shall be forwarded to the Workers’ Union, if requested.
5.14.2 The employer shall provide copies of the minutes of election and inauguration to the members and alternates of CIPA upon receipt.
5.15 The number of representatives in CIPA cannot be reduced before the expiration of the term of its members, and cannot be disabled by the employer even if there reduction in the number of company employees, except in the case of closure of the establishment.
5.16 It is incumbent upon CIPA to:
a) identify the risks of the work process, and prepare a map of risks, with the participation of the greatest number of employees with advisory from SESMT, if any;
b) develop a work plan that enables preventive action in solving the problems of safety and health at work;
c) participate in the implementation and quality control of the necessary preventive measures, as well as the assessment of priorities for action in the workplace;
d) periodically carrying out inspections on working conditions and environment to identify situations that may pose risks to the safety and health of workers;
e) perform, at each meeting, review of compliance with the goals laid down in the work plan and discuss the hazardous situations that were identified;
f) disseminate information to employees on health and safety at work;
g) participate in the discussions promoted by the employer to assess the impacts of changes in working process and environment regarding to the safety and health of workers, along with the SESMT, if any;
h) request to the SESMT, if any, or to the employer to decommission the machine or sector in which there is an imminent and serious risk to the safety and health of workers;
i) collaborate in the development and implementation of the PCMSO and the PPRA and other programs related to the health and safety at work;
j) disclose and promote compliance with the Regulatory Standards and clauses of collective labor agreements and conventions relating to safety and health at work;
l) participate, together with the SESMT if any, or with the employer, in analysis of the causes of occupational diseases and accidents and to propose measures to solve the identified problems;
m) request and analyze the information on issues that have affected health and safety of workers from employer;
n) request the copies of issued CAT of the company;
o) annually promote the Internal Week for Accident Prevention (SIPAT) along with the SESMT, if any;
p) annually participate in Campaign for Prevention of AIDS together with the company;
5.17 It is for the employer to provide the members of CIPA with measurement necessary to perform their duties, ensuring sufficient time to perform the tasks listed in the work plan.
5.18 It is incumbent for employees to:
a) participate in election of their representatives;
b) collaborate with the management of CIPA;
c) inform CIPA, SESMT and employer of hazardous situations and make suggestions for improvement of work conditions;
d) observe and implement the recommendations regarding the prevention of work-related accidents and illnesses in the workplace.
5.19 It is incumbent for the President of CIPA to:
a) convene the members to the meetings of CIPA;
b) coordinate the meetings of CIPA, forwarding the decision of commission to the employer and SESMT;
c) keep the employer informed about the works of CIPA;
d) coordinate and supervise the activities of secretariat;
e) delegate responsibilities to Vice-President.
5.20 It is incumbent for the Vice-President of CIPA to:
a) perform responsibilities which are delegated to him/her;
b) substitute the President in case of eventual impediments or temporary absences.
5.21 The President and the Vice-President of CIPA shall together have the following responsibilities:
a) make sure that the CIPA is provided with necessary conditions for the development of their work;
b) coordinate and supervise the activities of CIPA, ensuring that the goals are achieved;
c) delegate responsibilities to the members of CIPA;
d) promote the relationship between CIPA and SESMT, if any;
e) disseminate the decisions of CIPA to all workers in the establishment;
f) forward the requests for reconsideration of the decisions of CIPA;
g) constitute the electoral commission.
5.22 The Secretary of CIPA shall have responsibilities to:
a) accompany the CIPA meetings and write the minutes, presenting them for approval and signature of the attending members;
b) prepare the correspondences; and
c) others conferred upon it.
5.23 CIPA will have regular monthly meetings in accordance with a predetermined schedule.
5.24 The regular meetings of the CIPA will be held during regular business hours of the company and in the appropriate place.
5.25 The meetings shall have minutes of meetings signed by all the attendees with forwarding the copies to all members.
5.26 The minutes of meetings shall be available in the establishment for the inspection of the Ministry of Labor and Employment.
5.27 Extraordinary meetings shall be held when:
a) there is a report of imminent and serious danger requiring emergency corrective actions;
b) severe or fatal occupational accident is occurred;
c) there is a request from one of the representatives.
5.28 The decisions of the CIPA shall preferably be taken by consensus.
5.28.1 When there is no consensus and direct or mediating attempts are frustrated, a voting process shall be installed by recording the occurrence in the minutes of the meeting.
5.29 Reconsideration of the decisions of the CIPA can be requested upon a justified application.
5.29.1 The request for reconsideration shall be submitted to CIPA until the next regular meeting. The President and the Vice-President shall enforce the necessary referrals after the examination.
5.30 Members shall lose their mandates and be replaced by alternates when they miss more than four regular meetings without justification.
5.31 The definitive vacant position, which occurred during the term, will be replaced by an alternate, in the following order of decreasing placement appeared in the minutes of election, and the reasons shall be recorded in the minutes of meeting.
5.31.1 In the case of definitive removal of the President, the employer shall indicate the replacement in two days, preferentially among the members of CIPA.
5.31.2 In the case of definitive removal of the Vice-President, employee representative members shall select a replacement among their members within two business days.
5.31.3 If there are no alternates to fill the vacancy, the employer shall perform extraordinary election, meeting all the requirements for the election process, except for the deadlines which must be reduced by half.
126.96.36.199 The mandate of the elected member in extraordinary electoral process shall be brought into conformity with the mandate of the other members of the Commission.
188.8.131.52 The training of a member elected in extraordinary process shall be conducted within thirty days from the date of possession.
5.32 The company shall provide training for full and alternate members of CIPA before the possession.
5.32.1 The training of CIPA in the first term of office will be conducted within thirty days from the date of possession.
5.32.2 The companies, which do not fall within the Table I, shall promote annual trainings to the designated personnel responsible for compliance with the objective of this NR.
5.33 Training for the CIPA shall cover at least the following topics:
a) study of the environment, working conditions, as well as the risks arising from the production process;
b) methodology for investigation and analysis of occupational accidents and illnesses;
c) notions about occupational accidents and illnesses arising from exposure to hazards in the company;
d) notions about Acquired Immune Deficiency Syndrome (AIDS) and prevention measures;
e) notions about the labor and social security laws relating to safety and health at work;
f) general principles of occupational hygiene and risk control measures;
g) organization of CIPA and other matters required for carrying out the responsibilities of the Commission.
5.34 The training will take twenty hours distributed over a maximum of eight hours per day and will be held during normal business hours of the company.
5.35 The training can be given by the SESMT of the company, employer, entity of employees or by professional who have knowledge about the given topics.
5.36 CIPA shall announce the training to be conducted, including the entity or professional who will conduct it, in the minutes of meeting, and the company shall choose the entity or professional who conduct the training.
5.37 When the non-compliance with the provisions relating to training is confirmed, the decentralized unit of the Ministry of Labor and Employment shall determine the completion or realization of another training within thirty days from the date of acknowledgment of the company about the decision.
5.38 It is for the employer to call for elections to choose employee representatives in CIPA not less than sixty (60) days before the expiration of the current term.
5.38.1 The company will establish mechanisms to communicate the beginning of the electoral process to the union of the professional category.
5.39 The President and the Vice-President of the Commission shall constitute an Electoral Commission (EC), which will be responsible for organizing and monitoring the electoral process, from among the members of CIPA not less than 55 (fifty-five) days before the expiration of the current term.
5.39.1 In the establishments where there is no CIPA, the Election Commission shall be constituted by the company.
5.40 The election process shall comply with the following conditions:
a) publication and dissemination of public notice within easy access and view, at least within 45 (forty five) days prior to the expiration of the current term.
b) individual enrollment and election, and the minimum period for registration will be fifteen days;
c) all the employees of the establishment, regardless of sector or workplace, are free to enroll with proof of delivery;
d) guarantee the employment for all enrollees until the election;
e) conduct the election not less than 30 (thirty) days before the expiration of the CIPA’s mandate, if any;
f) conduct the election in regular working day, respecting the shift schedules which allows the participation of the majority of employees
g) secret vote;
h) count the votes in normal working hours with accompanying representative of the employer and employees in number to be set by the electoral commission;
i) option of choice for electronic media;
j) safekeeping of all documents relating to the election by the employer for a minimum period of five years.
5.41 If less than fifty percent of the employees are participated in election, the votes will not be counted and the election commission shall hold another election within ten days.
55.42 The complaints about the electoral process shall be delivered to the decentralized unit of the Ministry of Labor and Employment within thirty days after the date of possession of the new members of CIPA.
5.42.1 It is for the decentralized unit of the Ministry of Labor and Employment to confirm the irregularities in the electoral process and to determine the correction or cancellation when appropriate.
5.42.2 In case of cancellation, the company shall call a new election within five days from the date of notify by guaranteeing previous enrollments.
5.42.3 When the cancellation is given before the inauguration of the members of CIPA, the extension of the previous mandate, if any, will be ensured until the completion of the electoral process.
5.43 The top-rated candidates shall become full and alternate members.
5.44 In case of a tie, the one with greater length of service in the establishment will be chosen.
5.45 The top-rated and non-elected candidates will be listed in the minutes of the election in descending order of votes, allowing subsequent appointment in case of vacancy of alternates.
CONTRACTING AND CONTRACTED
5.46 When it comes to service provider companies or contractors, the establishment will be considered as the location where their employees are performing their activities for purposes of applying this NR.
5.47 Whenever two or more companies serve in the same establishment, the CIPA or designated personnel of contracting company, along with the CIPA or designated personnel of contracted company, shall define mechanisms for integration and participation of all employees in relation to decisions of existing CIPA in the establishment.
5.48 The contracting company and its contractors, which operate in the same establishment, shall implement measures to prevent occupational illnesses and accidents in an integrated manner to ensure the same level of protection in terms of health and safety for all workers in the establishment.
5.49 The contracting company shall take necessary steps to ensure that contractors, their CIPAs, designated personnel and other workers located in the establishment receive information about the risks present in the workplace, as well as appropriate protective measures.
5.50 The contracting company shall take the necessary steps to monitor compliance with occupational health and safety measures by the contractors working on its establishment.