(Last amendment on July 6, 2017)
6.1 For purposes of application of this Regulatory Standard (NR), any device or appliances, which is worn or held by individual worker for protection against risks likely threaten the health and safety at work, is considered as Personal Protective Equipment (PPE).
6.1.1 Any equipment composed of several devices, of which the manufacturer has linked against one or more risks that can occur simultaneously and are likely to threaten the safety and health at work, is considered as Combined Personal Protective Equipment.
6.2 The personal protective equipment, manufactured domestically or imported, can only be offered for sale or use with an indication of Certificate of Approval (CA) issued by official national body of the Ministry of Labor and Employment on safety and health at work.
6.3 The company is obliged to provide to the employees PPE, free of charge and appropriate for risks, in perfect condition and operation and in the following following conditions:
a) where the general measures do not provide full protection against the risks of occupational accidents and diseases;
b) while the collective protection measures are being implemented; and
c) to meet emergency situations.
6.4 Observing the particularities of each activity, and observed the provisions of item 6.3, the employer shall provide workers with adequate PPE in accordance with the provisions of Annex I of this NR.
6.4.1 The requests for considering the products that are not listed in Annex I as PPE, as well as proposals for review of those listed herein, shall be evaluated by a tripartite committee to be constituted by the official national body for safety and health at work, after consultation with the CTPP, and the conclusions submitted to national body of the Ministry of Labor and Employment for approval.
6.5 It is incumbent for the Specialized Services in Occupational Health and Safety Engineering (SESMT) to recommend PPE appropriate for risks in a particular activities to the employer, consulting the Internal Commission on Accident Prevention (CIPA) and workers who will use them.
6.5.1 In companies which are not obliged to establish a SESMT, it is for the employer to select appropriate PPE for the risks identified through guidance by a technically qualified professional, consulting with CIPA or designated personnel and workers who will use them in the absence of CIPA.
6.6 Responsibilities of employers.
6.6.1 It is incumbent for the employer to:
a) acquire adequate PPE for each activity;
b) demand its use;
c) provide PPE only approved by the official national body for health and safety at work;
d) instruct and train workers on proper use, safekeeping and maintenance;
e) immediately replace PPE when it is damaged or lost;
f) be responsible for the cleaning and periodic maintenance;
g) notify the Ministry of Labor and Employment of any irregularity observed;
h) log the issue of PPE; registers, tokens or electronic systems can be adopted.
6.7 Responsibilities of workers.
6.7.1 It is incumbent for the worker to:
a) use the PPE only for the purpose intended by the manufacturer;
b) be responsible for safekeeping and maintenance;
c) notify the employer of any changes that make the PPE unfit for use;
d) comply with the directives of the employer on appropriate use.
6.8 Responsibilities of manufacturers and/or importers.
6.8.1 National manufacturer or importer shall:
a) be registered by official national body for safety and health at work;
b) request the issuance of the CA;
c) request renewal of the CA when the expiration date determined by the official national body for safety and health at work;
d) require new CA if there is a change in the specifications of the approved equipment;
e) be responsible for maintaining the quality of PPE that gave rise to Certificate of Approval (CA)
f) sell or offer for sale only the PPE holding a CA.
g) notify the official national body responsible for safety and health at work of any changes in provided registration data;
h) market the PPE with technical instructions guiding the use, handling, restrictions and other references to its use in the national language;
i) include the batch number on PPE;
j) provide the assessment of conformity of PPE within the SINMETRO, when applicable;
k) provide information regarding the procedures for cleaning and sanitizing the PPE, and when applicable, the number of cleaning which is necessary to revise or replace the equipment in order to ensure that it retains the original protective features.
18.104.22.168 The procedures for the registration of manufacturer and / or importer and for issuing and / or renewal of CA shall meet the requirements in specific Ordinance.
6.9 Certificate of Approval (CA)
6.9.1 For marketing purposes the CA granted to PPE shall be valid for:
a) 5 (five) years, for the equipments with test reports that do not have their compliance assessed within SINMETRO;
b) a term which is bound to the conformity assessment within SINMETRO, when applicable.
6.9.2 The official national body responsible for safety and health at work, when necessary and upon justification, may establish deadlines other than those arranged in subsection 6.9.1.
6.9.3 The commercial name of the manufacturer, the batch of production and the number of the CA, or in case PPE is imported, the name of the importer, the batch or production and the number of CA shall be presented in clearly visible and indelible characters on the PPE.
22.214.171.124 If it is unable to fulfill item 6.9.3, the national body responsible for safety and health at work may authorize an alternative way of recording, proposed by the manufacturer or importer, which shall be included in the CA.
6.10 (Deleted by Ordinance SIT no 194, December 7, 2010)
6.10.1 (Deleted by Ordinance SIT no 194, December 7, 2010)
6.11 The jurisdiction of the Ministry of Labor and Employment (MTE)
6.11.1 It is incumbent for the national body for safety and health at work to:
a) register manufacturer and importer;
b) receive and examine documentation to issue or renew the CA
c) establish the technical regulations for testing PPE, as necessary;
d) issue or renew the CA and the registration of the manufacturer or importer;
e) monitor the quality of PPE;
f) suspend the registration of the manufacturer or importer; and
g) cancel the CA.
126.96.36.199 If deemed necessary by the national body responsible responsible for safety and health at work, samples of PPE identified with the manufacturer’s name and the reference number, as well as other requirements, can be requested.
6.11.2 It is incumbent for the regional body of the MTE to:
a) monitor and guide regarding the appropriate use and quality of PPE;
b) take samples of PPE; and
c) apply the appropriate penalties for noncompliance of NR, within its sphere of jurisdiction