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REGULATION 5 – INTERNAL COMMISSION FOR PREVENTION OF

ACCIDENTS - CIPA (corresponding initials in Portuguese)

5.1 The Internal Commission for Prevention of Accidents - CIPA – has as its objective the prevention of occupational
accidents and illnesses, so as to make work permanently compatible with preservation of life and promotion of the
workers’ health.

CONSTITUTION

5.2 A Internal Commission for Prevention of Accidents shall be constituted and maintained by all private and state
companies, societies that are partially government owned, organs in the direct and indirect administration, charitable
institutions, recreation associations, cooperatives, as well as other organizations that hire workers as employees.

5.3 The provisions contained in this Regulation apply to self-employed workers and to entities that use their services,
observing the provisions established in the Regulations of each specific economic sector.

5.4 A company that has two or more establishments in the same municipality shall guarantee the integration of the
Internal Commissions for Prevention of Accidents or designated persons so as to harmonize the occupational health and
safety policies.

5.5 Companies installed in a commercial or industrial center will establish, through members of the Internal
Commission for Prevention of Accidents or persons designated, mechanisms for integration with the objective of
promoting development of actions for prevention of accidents and illnesses resulting from the environment or from
collective use installations, and it may involve the participation of the administration.

ORGANIZATION

5.6 The Internal Commission for Prevention of Accidents will be constituted by representatives of the employers and
employees, in accordance with the scale outlined in Table I of this Regulation, with the exceptions of alterations given
in standardizing acts for specific economic sectors.

5.6.1 The titular employers’ representatives and their substitutes will be designated by themselves.

5.6.2 The titular employees’ representatives and their substitutes will be elected in a secret vote, in which exclusively
interested employees will participate independently of their union membership.

5.6.3 The number of titular members and substitutes of the Internal Commission for Prevention of Accidents,
considering the decreasing order of votes received, will respect what is provided for in Table I of this Regulation, with
the exception of the alterations given in standardizing acts for specific economic sectors.

5.6.4 When the establishment does not come under Table I, the company will designate a person to be in charge of the
compliance with the objectives of this Regulation, and a mechanism may be adopted for participation of employees
through collective negotiation.

5.7 The mandate of elected members of the Internal Commission for Prevention of Accidents will have the duration of
one year and they may be reelected once only.

5.8 An employee elected for a directive title in the Internal Commission for Prevention of Accidents may not be laid off
arbitrarily or without good cause, from the time of registration of his candidacy to one year after the end of his
mandate.
5.9 Members of the Internal Commission for Prevention of Accidents will be guaranteed conditions that do not hinder
their normal activities in the company, and they may not be transferred to another establishment without their
agreement, with the exceptions given in the first and second paragraph of article 469, of the Consolidated Labor Laws –
CLT (corresponding initials in Portuguese.

5.10 The employer will make sure that the persons appointed by him will have the representation necessary for
discussing and implementing solutions to questions of occupational health and safety analyzed in the Internal
Commission for Prevention of Accidents.

5.11 The employer will designate the President of the Internal Commission for Prevention of Accidents from amongst
his representatives while the representatives of the employees will choose the vice-president from amongst the titular
members.

5.12 The members of the Internal Commission for Prevention of Accidents, elected and designated, will take their
office on the first working day after the end of the previous mandate.

5.13 A secretary and his substitute will be appointed by a common agreement among the members of the Internal
Commission for Prevention of Accidents, either from among the components of the Commission or not, which in this
case will require the agreement of the employer.

5.14 When the members of the Internal Commission for Prevention of Accidents have taken office, the company shall,
within ten days, send copies of the election minutes and the annual calendar for ordinary meetings to the decentralized
unit of the Ministry of Labor and Employment,

5.15 Once such documents have been sent to the Ministry of Labor and Employment, the Internal Commission for
Prevention of Accidents may not be reduced in size, nor may it be deactivated by the employer before the end of the
members’ mandates, even if there is a reduction in the number of employees in the company, unless the establishment
terminates its activities.

ACCOUNTABILITIES

5.16 The accountabilities of the Internal Commission for Prevention of Accidents will be:

a) identify the risks in the work process and develop a risks map with the participation of the greatest number of
workers with the aid of the Specialized Services in Safety Engineering and Occupational Health, when there is
one;
b) develop a work plan that enables preventive action for solving occupational health and safety problems;
c) participate of the implementation and quality control of the necessary preventive measures, as well as of the
evaluation of priority actions in the workplace;
d) perform periodic checks in the working conditions and environment, seeking to identify situations that
involve risks to the health and safety of workers;
e) at every meeting, an evaluation will be made to check the compliance with the goals set in the work plan and
discussions will be held on the risk situations that have been identified;
f) inform workers on occupational health and safety;
g) to participate, together with the Specialized Services in Safety Engineering and Occupational Health, where
they exist, of the discussions promoted by the employer, to evaluate the impacts of alterations in the
environment and wok processes related to worker’s health and safety;
h) require from the Specialized Services in Safety Engineering and Occupational Health, where they exist, or
from the employer, the halting of work of any machine or sector where there is considered to be a serious and
imminent risk to worker’s health and safety;
i) collaborate with the development and implementation of the Occupational Health Control Program - PCMSO
(corresponding initials in Portuguese) and the Program to Prevent Risks to the Environment – PPRA
(corresponding initials in Portuguese) as well as of other programs related to occupational health and safety;
j) disclose and promote compliance with the Regulations, as well as inform workers on clauses in Collective
Labor Agreements and Conventions related to occupational health and safety;
l) participate, together with the Specialized Services in Safety Engineering and Occupational Health, where they
exist, or with the employer, of the analyses of causes of occupational accidents and illnesses, and propose
measures for solutions to the problems identified;
m) request from the employer and analyze information on questions that have affected worker’s health and
safety;
n) request copies of the Occupational Accident Report - CAT (corresponding initials in Portuguese) issued by
the company;
o) promote, annually and together with the Specialized Services in Safety Engineering and Occupational Health,
where they exist, the Internal Week on Prevention of Occupational Accidents - SIPAT (corresponding initials in
Portuguese);
p) participate, annually, together with the company, of the Campaign for Prevention of AIDS.

5.17 The employer is responsible for providing the members of the Internal Commission for Prevention of Accidents
with the means necessary for the development of their accountabilities, awarding them sufficient time for carrying out
the tasks in the work plan.

5.18 The employees will:

a. participate of the election of their representatives;


b. cooperate with management of the Internal Commission for Prevention of Accidents;
c. show risk situations to the Internal Commission for Prevention of Accidents, the Specialized Services in
Safety Engineering and Occupational Health and the employer, providing them with suggestions for improving
working conditions;
d. observe and apply recommendations as to prevention of occupational accidents and illnesses.

5.19 The President of the Internal Commission for Prevention of Accidents will:

a. summon members to the Internal Commission for Prevention of Accidents meetings;


b. coordinate the Internal Commission for Prevention of Accidents meetings, forwarding the decisions of the
Commission to the employer and to the Specialized Services in Safety Engineering and Occupational Health,
when they exist;
c. keep the employer informed on the works of the Internal Commission for Prevention of Accidents;
d. coordinate and supervise the secretarial activities;
e. delegate accountabilities to the Vice-President;

5.20 The Vice-President will:

a. execute the accountabilities delegated to him;


b. substitute the President during any temporary disability or absence;

5.21 The president and the Vice-President together will have the following accountabilities:

a. make sure the Internal Commission for Prevention of Accidents has the necessary conditions for carrying out
its work;
b. coordinate and supervise the activities of the Internal Commission for Prevention of Accidents, working so
that the objectives proposed are achieved;
c. delegate attributions to the Internal Commission for Prevention of Accidents members;
d. promote the relationship between the Internal Commission for Prevention of Accidents and the Specialized
Services in Safety Engineering and Occupational Health, where they exist;
e. disclose the decisions of the Internal Commission for Prevention of Accidents to all the workers in the
establishment;
f. send requests for reconsideration of the decisions of the Internal Commission for Prevention of Accidents;
g. constitute the Electoral Commission.

5.22 The Secretary of the Internal Commission for Prevention of Accidents will:

a. accompany the meetings of the Internal Commission for Prevention of Accidents and write the minutes,
submitting them for approval from members present;
b. prepare the mail;
c. perform other duties to him assigned.

FUNCTIONING
5.23 The Internal Commission for Prevention of Accidents will hold monthly ordinary meetings, according to a pre-
established calendar.

5.24 The Internal Commission for Prevention of Accidents ordinary meetings will be held during the company’s
normal working hours in an appropriate place.

5.25 The minutes of Internal Commission for Prevention of Accidents meetings will be signed by those present and
copies will be sent to all members.

5.26 The minutes will be kept at the establishment and will be available to Labor Inspection Agents – AIT
(corresponding initials in Portuguese).

5.27 Extraordinary meetings will be held whenever:

a) there is a situation of serious and imminent risk that demands application of emergency corrective measures;
b) there is serious or fatal occupational accident;
c) there is an express request from a representative.

5.28 The decisions of the Internal Commission for Prevention of Accidents are preferably taken as a consensus.

5.28.1 If there is no consensus and attempts at direct negotiation or mediation are frustrated, a voting process will be
installed, being the occurrence recorded in the minutes.

5.29 Decisions taken by the Internal Commission for Prevention of Accidents are subject to reconsideration, which may
be requested through a written request with justifications.

5.29.1 The request for reconsideration shall be presented to the Internal Commission for Prevention of Accidents until
the next ordinary meeting, where it will be analyzed, so that the President and Vice-President will take the necessary
measures.

5.30 A titular member will lose his mandate if he is absent from four ordinary meetings without justification.

5.31 A definitive vacancy of a position during a mandate will be filled by a substitute following the decreasing order of
ranking recorded in the election minutes and the employer shall communicate this to the decentralized unit of the
Ministry of Labor and Employment, giving the reasons.

5.31.1 If a president definitively leaves the position, the employer shall appoint a substitute within two working days,
preferably from among the Internal Commission for Prevention of Accidents members.

5.31.2 If a vice-president definitively leaves the position, the titular members of the employee’s representation shall
choose a substitute from amongst themselves within two working days.

TRAINING

5.32 The company shall promote training for titular and substitute, members of the Internal Commission for Prevention
of Accidents, before they take office.

5.32.1 The Internal Commission for Prevention of Accidents training for members in their first mandate will be held
within thirty days after they have taken office.

5.32.2 Companies that do not come under Table I will hold annual training for the person designated responsible for
compliance with the objectives of this Regulation.

5.33 Training for the Internal Commission for Prevention of Accidents shall consider at least the following items:
a. a study of the environment and working conditions, as well as the risks involved in the productive process;
b. a methodology for investigation and analysis of occupational accidents and illnesses;
c. notions of occupational accidents and illnesses resulting from exposure to the risks existing in the company;
d. notions of the Acquired Immunodeficiency Syndrome - AIDS, and its prevention measures;
e. notions of labor and social security laws related to occupational health and safety;
f. general principles of work hygiene and measures for control of risks;
g. organization of the Internal Commission for Prevention of Accidents and other matters necessary for the
exercise of the attributions of the Commission.

5.34 Training will have an hour load of twenty hours, distributed over no more than eight hours a day and will be held
during normal working hours.

5.35 Training can be administered by the company’s Specialized Services in Safety Engineering and Occupational
Health, the employer’s entity, and the worker’s entity or by professionals that are knowledgeable on the themes
administered.

5.36 The Internal Commission for Prevention of Accidents shall be heard in regards to the training to be administered,
including as to the entity or professional that will administer it, and this will be recorded in the minutes, being the
company in charge of choosing the entity or professional that will administer it.

5.37 When there is non-compliance with the provisions of these items in regards to training, the decentralized unit of
the Ministry of Labor and Employment shall determine its complementation or hold another session, which will be
carried out in at least thirty days, counting from the date of informing the company about the decision.

THE ELECTORAL PROCESS

5.38 The employer will call elections for choosing the employees representatives for the Internal Commission for
Prevention of Accidents in a maximum of 60 (sixty) days before the end of the mandate in course.

5.38.1 The company shall establish mechanisms for communicating the beginning of the electoral process to the union.

5.39 The President and the Vice-President of the Internal Commission for Prevention of Accidents shall constitute an
Electoral Commission – CE (corresponding initials in Portuguese) from among the Commission members no less than
55 (fifty-five) days before the end of the mandate in course. The Electoral Commission will be in charge of following
the electoral process.

5.39.1 In establishments where there is no Internal Commission for Prevention of Accidents, the Electoral Commission
shall be constituted by the company.

5.40 The electoral process will observe the following conditions:

a. publication of an announcement, in locations of easy access and visibility, beginning at least 45 (forty-five)
days before the end of the mandate in course;
b. individual enrollment and election, the minimum period for enrollment being 15 days;
c. freedom to enroll for all employees in the establishment, independently of sectors or work locations,
providing proof;
d. guarantee of employment for all who are enrolled in the election;
e. the election shall be held in no less than 30 (thirty) days before the end of the mandate in course, when there
is one;
f. the election shall be held on a normal working day, respecting the shifts and during hours that allow
participation of the majority of employees.
g. secret voting;
h. votes shall be counted during normal working hours, with accompaniment of employer’s and employee’s
representatives in number to be defined by the Electoral Commission;
i. option of electronic voting;
j. the employer shall keep all documents relative to the election for a period of five years.
5.41 If there is a turnout of less than fifty percent of employees, there will not be a vote count and the Commission
shall organize another vote within ten days.

5.42 Any complaints about the electoral process shall be filed into the decentralized unit of the Ministry of Labor and
Employment within thirty days after the elected members of the Internal Commission for Prevention of Accidents take
office.

5.42.1 The decentralized unit of the Ministry of Labor and Employment shall investigate the irregularity in the electoral
process and determine corrections or annulment, depending on the case.

5.42.2 In case of annulment, the company will call new elections within five days from the date of knowledge of the
case, guaranteeing prior enrollment.

5.42.3 When annulment happens before the Internal Commission for Prevention of Accidents members have taken
office, the extension of the previous mandate, when there is one, will be assured up to completion of the electoral
process.

5.43 The candidates with the most votes will assume the positions of titular members.

5.44 In case of a draw, the position will be assumed by the member who has been longest in the establishment.

5.45 The candidates that were not elected will be listed in the minutes of the election in decreasing vote counting order,
enabling later nomination in case of vacancy of substitutes.

CONTRACTING AND CONTRACTED PARTIES

5.46 When the companies are contractors or service providers, the establishment, for the purposes of this Regulation,
will be considered the location where the employees are performing their tasks.

5.47 Whenever two or more companies work in the same establishment, the Internal Commission for Prevention of
Accidents or a representative of the hiring company will, together with the contracted party or persons by them
designated, define mechanisms for integration and participation of all workers in relation to the decisions of the Internal
Commission for Prevention of Accidents in relation to the establishment.

5.48 Contracting and contracted parties that work in the same establishment will implement, in an integrated form,
measures for prevention of occupational accidents or illnesses, in accordance with the present Regulation, so as to
guarantee the same level of protection in matters of health and safety to all workers in the establishment.

5.49 The contracting company will adopt the measures necessary so that the contracted companies, their Internal
Commission for Prevention of Accidents, the persons by them designated and all workers in the establishment receive
information on the risks present in the work environment, as well as on the adequate protection measures.

5.50 The contracting company will take the necessary actions for accompanying compliance by contracted companies
working in the same establishment with health and safety measures.

FINAL PROVISIONS

5.51 This Regulation may be improved through negotiation and with a specific administrative decision.

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