(MTP Ordinance No. 4219, December 20, 2022)
SUMMARY
5.1 Objective
5.2 Scope
5.3 Responsbilities
5.4 Constitution and structuring
5.5 Electoral process
5.6 Operation
5.7 Training
5.8 CIPA for organizations contracted to provide services
5.9 Final provisions
Annex I – CIPA in the Construction Industry
5.1 Objective
5.1.1 This regulatory standard (NR) establishes the parameters and requirements of the Internal Committee for Prevention of Accidents and Harassment (CIPA), with the objective of preventing work-related accidents and illnesses, in order to permanently make work compatible with the preservation of life and promotion of worker health. (MTP Ordinance No. 4219, of December 20, 2022 – effective as of March 20, 2023)
5.2 Scope
5.2.1 Organizations and public agencies of direct and indirect administration, as well as the bodies of the Legislative, Judiciary, and Public Ministry branches that have employees governed by the Consolidation of Labor Laws (CLT), must establish and maintain a CIPA.
5.2.2 As provided by law, the provisions of this NR apply to other legal labor relationships.
5.3 Responsibilities
5.3.1 The CIPA is responsible for:
a) Monitoring the process of hazard identification and risk assessment as well as the adoption of preventive measures implemented by the organization;
b) Recording workers’ risk perceptions in accordance with sub-item 1.5.3.3 of NR-01, through the risk map or other appropriate technique or tool of their choice, without preference, with the assistance of the Specialized Service in Occupational Health and Safety (SESMT), where available;
c) Verifying work environments and conditions to identify situations that may pose risks to workers’ safety and health;
d) Developing and monitoring a work plan that enables preventive action in occupational safety and health;
e) Participating in the development and implementation of programs related to occupational safety and health;
f) Monitoring the analysis of work-related accidents and illnesses in accordance with NR-1, and proposing measures to resolve identified problems, where applicable;
g) Requesting from the organization information on issues related to workers’ safety and health, including Accident Communications (CAT) issued by the organization, while safeguarding medical confidentiality and personal information;
h) Proposing to the SESMT, where available, or to the organization, an analysis of working conditions or situations where there is a belief of serious and imminent risk to workers’ safety and health and, if necessary, the interruption of activities until corrective and control measures are adopted;
i) Annually promoting, together with the SESMT where available, the Internal Week for Prevention of Work Accidents – SIPAT, according to a schedule defined by the CIPA; and
j) Including topics related to the prevention and combat of sexual harassment and other forms of workplace violence in their activities and practices. (MTP Ordinance No. 4219, of December 20, 2022 – effective as of March 20, 2023)
5.3.2 It is the organization’s responsibility to:
a) Provide CIPA members with the necessary means to perform their duties, ensuring sufficient time to carry out tasks included in the work plan;
b) Allow workers to collaborate in CIPA activities; and
c) Provide CIPA with requested information related to their responsibilities.
5.3.3 Workers are responsible for reporting risk situations to CIPA, SESMT, and the organization, and for presenting suggestions for improving working conditions.
5.3.4 The CIPA President is responsible for:
a) Convening members for meetings; and
b) Coordinating meetings, forwarding the committee’s decisions to the organization and SESMT, where available.
5.3.5 The Vice-President is responsible for substituting the President in their temporary absences or impediments.
5.3.6 The President and Vice-President of CIPA, together, have the following responsibilities:
a) Coordinating and supervising CIPA activities, ensuring that proposed objectives are achieved; and
b) Disseminating CIPA decisions to all workers in the establishment.
5.4 Constitution and structuring
5.4.1 CIPA will be established per establishment and composed of representatives of the organization and employees, according to the sizing provided in Table I of this NR, except for provisions for specific economic sectors.
5.4.2 The CIPA for organizations operating seasonally must be sized based on the arithmetic mean number of workers in the previous calendar year, in compliance with Table I of this NR.
5.4.3 The organization’s representatives in CIPA, both full and alternate members, will be appointed by the organization.
5.4.4 Employee representatives in CIPA, both full and alternate members, will be elected by secret ballot, in which only interested employees, regardless of union affiliation, will participate.
5.4.5 The organization will designate the CIPA President from among its representatives, and the elected employee representatives will choose the Vice-President from among the full members.
5.4.6 The term of office for elected CIPA members is one year, with the possibility of re-election.
5.4.7 Elected and appointed CIPA members will be inaugurated on the first business day after the end of the previous term.
5.4.8 The organization must provide copies of the election and inauguration minutes to full and alternate CIPA members.
5.4.9 When requested, the organization will forward documentation related to the CIPA election process, which may be in electronic form, to the predominant workers’ union within ten days.
5.4.10 CIPA cannot have its number of representatives reduced nor be deactivated by the organization before the end of its members’ term, even if there is a reduction in the number of employees, except in the case of closure of the establishment’s activities.
5.4.11 The organization is prohibited from:
a) Altering the normal activities of elected CIPA members in a way that hinders their duties; and
b) Transferring them to another establishment without their consent, except as provided in paragraphs one and two of Article 469 of the CLT.
5.4.12 Arbitrary or unjust dismissal of an elected employee holding a CIPA leadership position is prohibited from the registration of their candidacy until one year after the end of their term.
5.4.12.1 The termination of a fixed-term employment contract does not constitute arbitrary or unjust dismissal of an elected employee holding a CIPA leadership position.
5.4.13 When the establishment is not covered by Table I and is not attended by SESMT, in accordance with NR-04, the organization will appoint a representative among its employees to assist in the implementation of occupational safety and health prevention actions, and employee participation mechanisms may be adopted through collective bargaining.
5.4.13.1 If attended by SESMT, it will perform CIPA’s duties.
5.4.13.2 Individual micro-entrepreneurs (MEI) are exempt from appointing a representative for NR-05.
5.4.14 The appointment of an employee as NR-05 representative and their mode of operation must be formalized annually by the organization.
5.4.15 The appointment of an employee as NR-05 representative does not preclude their inclusion in CIPA, whether as an employer or employee representative.
5.5 Electoral process
5.5.1 The employer is responsible for calling elections for choosing employee representatives in CIPA, at least 60 (sixty) days before the current term ends.
5.5.1.1 The organization must notify, in advance, electronically if necessary, with delivery confirmation, the start of the electoral process to the predominant category union.
5.5.2 The CIPA President and Vice-President will establish the electoral committee from among their members, responsible for organizing and monitoring the electoral process.
5.5.2.1 In establishments without a CIPA, the electoral committee will be formed by the organization.
5.5.3 The electoral process must observe the following conditions:
a) Publication and dissemination of the election call notice and opening of deadlines for candidate registration, in easily accessible and visible locations, which can be physical or electronic;
b) Individual registration and election, with a minimum registration period of 15 (fifteen) consecutive days;
c) Free registration for all employees of the establishment, regardless of sectors or work locations, with the provision of proof in physical or electronic form;
d) Job security until the election for all registered employees;
e) Publication and dissemination of the list of registered employees, in easily accessible and visible locations, which can be physical or electronic;
f) Election held at least 30 (thirty) days before the end of the current CIPA term, where applicable;
g) Election held on a normal working day, respecting shift schedules and at a time that allows participation of the majority of the establishment’s employees;
h) Secret ballot;
i) Vote counting during normal working hours, with the presence of representatives from the organization and employees, in a number defined by the electoral committee, and candidates may attend; and
j) Organization of the election through a process that ensures both the security of the system and the confidentiality and accuracy of vote recording.
5.5.4 If less than fifty percent of employees participate in the voting, there will be no vote counting, and the electoral committee must extend the voting period to the next day, counting the votes already registered from the previous day, and it will be considered valid with the participation of at least one-third of the employees.
5.5.4.1 If less than one-third of employees participate on the second voting day, there will be no vote counting, and the electoral committee must extend the voting period to the next day, counting the votes already registered from the previous days, and it will be considered valid with the participation of any number of employees.
5.5.4.2 The extension mentioned in sub-items 5.5.4 and 5.5.4.1 must be communicated to the predominant professional category union.
5.5.5 Complaints about the electoral process must be filed with the decentralized labor inspection unit within 30 (thirty) days after the election results are announced.
5.5.5.1 It is the responsibility of the highest regional authority in labor inspection to confirm irregularities in the electoral process, determine corrections, or proceed with annulment if necessary.
5.5.5.2 In case of annulment of only the voting, the organization will call for a new vote within 10 (ten) days from the date of notification, guaranteeing previous registrations.
5.5.5.3 In other cases, the highest regional authority in labor inspection will determine the affected acts, the actions, and the deadlines to be adopted, in accordance with the deadlines provided in this NR.
5.5.5.4 When annulment occurs before the inauguration of CIPA members, the previous term will be extended until the completion of the electoral process, if applicable.
5.5.6 The candidates with the most votes will assume the positions of full and alternate members.
5.5.7 In case of a tie, the candidate with the longest service time at the establishment will assume the position.
5.5.8 The voted but not elected candidates will be listed in the election and vote counting minutes in descending order of votes, allowing for subsequent appointment in case of alternate vacancies.
5.6 Operation
5.6.1 CIPA will hold regular monthly meetings according to the pre-established schedule.
5.6.1.1 At CIPA’s discretion, in Microenterprises (ME) and Small Businesses (EPP) with risk levels 1 and 2, meetings may be bimonthly.
5.6.2 Regular CIPA meetings will be held at the organization, preferably in person, with the possibility of remote participation.
5.6.2.1 The date and time of the meetings will be agreed upon among members, considering shifts and working hours.
5.6.3 CIPA meetings will have minutes signed by those present.
5.6.3.1 Meeting minutes must be made available to all CIPA members, which can be electronically.
5.6.3.2 The deliberations and referrals of CIPA meetings must be made available to all employees on a notice board or electronically.
5.6.4 Extraordinary meetings must be held when:
a) A serious or fatal work accident occurs; or
b) One of the representatives requests it.
5.6.5 For each regular or extraordinary meeting, CIPA members will designate the secretary responsible for drafting the minutes.
5.6.6 A full member will lose their mandate and be replaced by an alternate if they miss more than four regular meetings without justification.
5.6.7 A definitive vacancy during the mandate will be filled by an alternate, following the descending order in the election minutes, with the reasons recorded in the meeting minutes.
5.6.7.1 If no alternates are available, during the first 6 (six) months of the term, the organization must hold an extraordinary election to fill the vacancy, which will only be considered valid with the participation of at least one-third of the workers.
5.6.7.1.1 The election deadlines will be reduced to half of those provided in the electoral process of this NR.
5.6.7.1.2 All other requirements for the electoral process must be met.
5.6.7.2 In the event of the President’s permanent departure, the organization will appoint a replacement within two business days, preferably among CIPA members.
5.6.7.3 In the event of the Vice-President’s permanent departure, the full members of the employees’ representation will choose the replacement among their full members within two business days.
5.6.7.4 The term of the member elected in the extraordinary election must be aligned with the terms of the other Committee members.
5.6.7.5 Training for the member elected in the extraordinary process must be completed within 30 (thirty) days from the date of inauguration.
5.6.8 CIPA decisions will preferably be by consensus.
5.6.8.1 If there is no consensus, CIPA must regulate the voting procedure and reconsideration requests.
5.7 Training
5.7.1 The organization must provide training for the appointed NR-5 representative and CIPA members, both full and alternate, before their inauguration.
5.7.1.1 The first-term CIPA training will be completed within 30 (thirty) days from the date of inauguration.
5.7.2 The training must include at least the following topics:
a) Study of the environment, working conditions, and risks arising from the production process;
b) Basics of work-related accidents and illnesses arising from working conditions and exposure to existing risks in the establishment and their preventive measures;
c) Methodology for investigating and analyzing work-related accidents and illnesses;
d) General principles of occupational hygiene and risk prevention measures;
e) Basics of labor and social security legislation related to occupational safety and health;
f) Basics of including people with disabilities and rehabilitated individuals in work processes;
g) Organization of CIPA and other topics necessary for the Commission’s duties; and
h) Prevention and combat of sexual harassment and other forms of workplace violence. (MTP Ordinance No. 4219, of December 20, 2022 – effective as of March 20, 2023)
5.7.3 Training completed within the last 2 (two) years from the course conclusion date can be utilized in the same organization, as provided in NR-1.
5.7.4 Training completed within the last 2 (two) years from the course conclusion date can be utilized in the same organization, as provided in NR-1.
5.7.4 Training must have a minimum workload of:
a) 8 (eight) hours for establishments with risk level 1;
b) 12 (twelve) hours for establishments with risk level 2;
c) 16 (sixteen) hours for establishments with risk level 3; and
d) 20 (twenty) hours for establishments with risk level 4.
5.7.4.1 The training workload must be distributed over a maximum of 8 (eight) hours per day.
5.7.4.2 For in-person training, the minimum workload must be:
a) 4 (four) hours for establishments with risk level 2; and
b) 8 (eight) hours for establishments with risk levels 3 and 4.
5.7.4.3 Training for establishments with risk level 1 and the appointed NR-05 representative can be conducted entirely through distance or semi-presential learning, as provided in NR-01.
5.7.4.4 Training conducted entirely through distance learning must include specific risks of the establishment, as outlined in sub-item 5.7.2.
5.7.4.5 SESMT members are exempt from CIPA training.
5.8 CIPA for organizations contracted to provide services
5.8.1 The service provider organization must establish a centralized CIPA when the total number of its employees in the Federation Unit fits the criteria in Table I of this NR.
5.8.1.1 When the organization contracted to provide services to third parties operates in an establishment of a client with risk levels 3 or 4 and the total number of its employees at the client’s establishment fits the criteria in Table I of this NR, it must establish its own CIPA at that establishment, considering the client’s risk level.
5.8.1.1.1 The contracted organization is exempt from establishing its own CIPA if providing services to third parties for up to 180 (one hundred and eighty) days.
5.8.1.2 The total number of employees of the contracted organization for service provision, for the purpose of centralized CIPA sizing, must exclude employees covered by their own CIPA.
5.8.2 The organization contracted for service provision, when exempt from establishing its own CIPA, must appoint an NR-5 representative to fulfill the objectives of this NR if it has 5 (five) or more employees at the client’s establishment.
5.8.2.1 The appointment of the NR-05 representative in an establishment with a centralized CIPA member is exempt.
5.8.2.2 The provision in sub-item 5.8.2 does not exclude the provision in sub-item 5.4.13 regarding the headquarters of the organization contracted for service provision.
5.8.2.3 The appointment of the NR-05 representative by the contracted organization for service provision must be among employees working at the establishment.
5.8.3 The contracted organization for service provision must ensure that the centralized CIPA maintains interaction between establishments with employees.
5.8.3.1 The organization must ensure the participation of appointed NR-05 representatives in centralized CIPA meetings.
5.8.3.2 The organization must provide conditions for centralized CIPA members to operate in establishments without an appointed NR-05 representative, as provided in sub-item 5.6.2.
5.8.4 The appointed NR-05 representative of contracted organizations for service provision must participate in training according to the client’s risk level.
5.8.5 The CIPA of the third-party service provider established under sub-item 5.8.1.1 will be considered terminated when its activities at the establishment end.
5.8.6 The client organization must require the contracted service provider to appoint the NR-05 representative provided in sub-item 5.8.2.
5.8.7 The client must invite the contractor to participate in the client’s CIPA meeting to integrate preventive actions whenever both organizations operate at the same establishment.
5.8.7.1 The contractor must appoint a CIPA representative or the appointed NR-05 representative to participate in the client’s CIPA meeting.
5.9 Final provisions
5.9.1 The client will take measures to ensure that contractors, their CIPA, the appointed NR-05 representatives, and other workers in that establishment receive information about the risks present in work environments and preventive measures, in accordance with the Risk Management Program, as provided in NR-01.
5.9.2 All documentation related to CIPA must be kept at the establishment for a minimum of 5 (five) years for labor inspection purposes.
5.9.3 If the establishment’s risk level changes, CIPA resizing must be implemented in the next election.
Table I – Sizing of CIPA
*Degree of Risk as established in Table I of NR-04 – National Classification of Economic Activities – CNAE (Version 2.0), with corresponding Risk Level for sizing SESMT purposes.