Judge fines dyeing company R$350K for using prohibited equipments

The 2nd Labor Court of Blumenau decided to block bank accounts of a textile company headquartered in the city of Gaspar, in the state of Santa Catarina (SC). The dyeing company will have to pay a fine of R$ 350,000 for disregarding a court decision (R$ 50,000 per day) and continuing to use prohibited equipment after two employees had their bodies burned in two work-related accidents in March.

According to the order of labor judge Oscar Krost, law enforcement officers may confiscate the company’s vehicles if the company doesn’t have a balance available to pay the fine. The judge also ruled that the Federal Public Ministry will be informed because the company committed a crime of disobedience to the legal requirements. A copy of the document was also sent to the Public Ministry of Labor and the Ministry of Labor and Employment, which will monitor the compliance with the new decision.

The Case

The first accident happened on March 10. Inspectors from the Ministry of Labor inspected the site shortly thereafter, but did not determine its immediate prohibition. which happened only a week later. Pointing that period, the company appealed to the court arguing that the accident had been an isolated case and presented a series of measures adopted. As the prohibition would lead to a complete shutdown of the factory and the company’s history of accidents was low, the judge on duty granted the company an injunction allowing its operation until a final judgment on the merits of the action.

A few days later, a new accident occurred, and one of the workers had 45% of his body burned. Following an attempt to conciliate with the union and the company, Oscar Krost judged the merits of the case and determined the interdiction of the factory, understanding that the company had not been able to satisfactorily correct the safety irregularities pointed out by the inspectors.

The company appealed the decision to TRT-SC.