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.

CONSTITUTION

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5.4 (Repealed by Ordinance SIT no 247, in July 12, 2011)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.

ORGANIZATION

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.

RESPONSIBILITIES

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.

FUNCTIONING

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.

5.31.3.1 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.

5.31.3.2 The training of a member elected in extraordinary process shall be conducted

within thirty days from the date of possession.

TRAINING

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.

ELECTORAL PROCESS

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 CIPAs
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.